AST UPDATED: January 1, 2014
2. HEALTH (GENERAL)
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. Tunie’s does not warrant and shall have no liability for information provided on this Site regarding recommendations concerning supplements for any and all health purposes. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. Tunie’s makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.
The information contained on the Site is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Site does not recommend the self-management of health problems. Information obtained by using the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. The information is compiled from a variety of sources (“Information Providers”). Neither Tunie’s, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Tunie’s or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Tunie’s or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Tunie’s or Information Provider has been advised of the possibility of such damages.
Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Tunie’s and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. Tunie’s and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Tunie’s is not responsible for updating information contained on the Site, which may be rendered obsolete based upon subsequent medical developments.
3. OWNERSHIP OF CONTENT
If you submit any quotations, photographs, comments or other material or content to the Site (collectively, “Submissions”), you agree not to: (i) submit libelous or defamatory Submissions; (ii) submit any Submissions that violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, “stalk” or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Site whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Site’s functions and/or the servers or networks connected to the Site; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, content designed to initiate “denial of service” attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site.
By submitting any photograph(s) to us, you represent and warrant that: (a) you have the exclusive copyright to the photograph(s); (b) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by us; and (c) we may use the photograph, in its original or any edited, revised or retouched form, in any and all media, without further compensation to you. You hereby grant us a perpetual, global and irrevocable right to use any Submissions, registration information and any quotations or comments for promotional purposes and in connection with publishing the statistics of our participants as well as the winners of any applicable sweepstakes, should you qualify, all without further consideration or compensation.
7. SOCIAL MEDIA
8. DISCLAIMER OF WARRANTIES
9. EXCLUSION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Tunie’s, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. MOREOVER, YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF THE SITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
11. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER / DISPUTE RESOLUTION
DISPUTE RESOLUTION BY BINDING ARBITRATION: Please read this carefully. It affects your rights.
Summary: In the unlikely event that Tunie’s’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Tunie’s has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Tunie’s will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Tunie’s to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Tunie’s will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what Tunie’s has offered you to settle the dispute.
(1) Tunie’s and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. References to “Tunie’s,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Tunie’s are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tunie’s should be addressed to: Tunie’s.COM, 5651 Coral Ridge Drive, Coral Springs, Florida 33076 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Tunie’s and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tunie’s may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tunie’s or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tunie’s is entitled.
(3) After Tunie’s receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Tunie’s will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Tunie’s and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Tunie’s will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Tunie’s for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Tunie’s’s last written settlement offer made before an arbitrator was selected, then Tunie’s will: pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”). If Tunie’s did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(5) The right to attorneys’ fees and expenses discussed in paragraph (4) above supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws Tunie’s may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Tunie’s agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Tunie’s AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tunie’s agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if Tunie’s makes any future change to this arbitration provision (other than a change to the Notice Address) during your use of the Site, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
12. LINKS TO THIRD PARTY SITES
The Site, Content, emails or other transmissions may contain links to sites owned or operated by parties other than Tunie’s. Such links are provided for your convenience only. Tunie’s does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, specifically disclaims any responsibility if such Tunie’s sites:
- infringe any third party’s intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does Tunie’s endorse the content, or any products or services available, on such sites. As such, you acknowledge and agree that this Site may feature materials, products, and services provided by third parties. Tunie’s makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. Tunie’s expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
13. ENTIRE AGREEMENT; CHOICE OF LAW; ENFORCEABILITY; RELATIONSHIP OF THE PARTIES
14. REVISIONS TO THE TERMS
15. CUSTOMER SERVICE
You can call us at 1-800-645-0940.
16. GENERAL PROVISIONS