Terms of service

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER, WHETHER BY PHONE, ONLINE OR VIA ANOTHER ACCEPTED METHOD FOR PLACING ORDERS, OR OTHERWISE USING OR RELYING ON THIS WEBSITE. This Website’s Terms & Conditions contains a choice of law provision. If you are accessing this Website or contacting us to place an order from outside of the United States, the laws and regulations of your country of access do not govern this agreement, your access to the Website or your purchase of a product or service. This website (the “Website”) is owned and operated by Ultimate Health LLC. These Terms & Conditions and any amendments or supplements to it, together with this site’s posted Privacy Policy form a legally binding agreement (the “Agreement”) between you and ULTIMATE HEALTH LLC. This Agreement governs your access to and use of this and any other ULTIMATE HEALTH LLC Website, any order you place through any ULTIMATE HEALTH LLC website or by telephone or other method of purchase, and, as applicable, your use or attempted use of the products and services offered on or available directly from ULTIMATE HEALTH LLC. Your purchase of an ULTIMATE HEALTH LLC product or service and/or use of this Website shall be deemed to constitute your consent to be bound by the terms of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE OR USE THIS WEBSITE. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 20 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 20 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.

 

1. Who is Eligible to Use the Website or Purchase a ULTIMATE HEALTH LLC Product or Service?

 

This section of the agreement outlines the rules and regulations for posting User Generated Content (UGC) on any ULTIMATE HEALTH LLC website or social media platform. When you post UGC on these platforms, you grant ULTIMATE HEALTH LLC a perpetual and irrevocable right to use, modify, distribute, and display such content in any media across the world. Additionally, ULTIMATE HEALTH LLC and its authorized third-party contractors may use your personal information and UGC for marketing, technology and related services, sending mails, and more.

You are responsible for ensuring that you have all necessary rights and permissions to post the UGC and that it does not infringe the rights of any third party. Furthermore, you represent and warrant that the UGC is accurate, does not cause harm to anyone, and that you will indemnify ULTIMATE HEALTH LLC for any claims relating to the UGC.

ULTIMATE HEALTH LLC and its third-party contractors are not responsible for any UGC, but they have the right to monitor and remove any content from their platforms at any time and without notice. You agree to only use the platform for personal, non-commercial purposes.

3. Your Use of the Website

You are only allowed to use the Website for legal purposes and not in a manner that violates anyone's rights or hinders their enjoyment of the Website. Without obtaining prior written permission, you cannot:
a. duplicate, reproduce, rent, lease, loan or sell content from the Website;
b. modify, distribute, or repost any content from the Website for any reason;
c. use the Website's content for commercial purposes.
Additionally, when using the Website, you must:

1. Not compromise the security of the Website or abuse it in any way, including interfering with the Website or the services, system resources, accounts, servers, or networks connected to or accessible through the Website or any linked Website;
2. Not interfere with any other user's enjoyment of the Website and linked websites;
3. Not upload, post, or transmit viruses or any other harmful, disruptive, or destructive files through the Website;
4. Not use, frame, or employ framing techniques to encase any ULTIMATE HEALTH LLC trademark, logo, or proprietary information (including images on the Website or linked social media pages, text content, or page/form design) without ULTIMATE HEALTH LLC's written consent;
5. Not reverse engineer or create derivative works based on the Website or its content (including, but not limited to, any software);
6. Not use meta tags or any other hidden text featuring a ULTIMATE HEALTH LLC company name, trademark, or product name without ULTIMATE HEALTH LLC's written consent;
7. Not create a deep link to the Website without ULTIMATE HEALTH LLC's written consent;
8. Not use a false identity or another person's identity on the Website, let anyone else access the Website using your account information, or use or share another party's information on the Website;
9. Not collect or store personal data about others;
10. Not attempt to gain unauthorized access to restricted parts of the Website;
11. Not post any material that is knowingly false, defamatory, abusive, hateful, harassing, obscene, threatening, invasive of privacy, or in violation of any law, these Terms & Conditions, the Website's Privacy Policy, or other posted policies. Additionally, you cannot post any copyrighted material unless you own the copyright;
12. Agree to be bound by the company's submission policies, including: (a) Any material, UGC, product, service, or idea you submit to any ULTIMATE HEALTH LLC company via this site or other ULTIMATE HEALTH LLC-owned websites or social media platforms will be considered non-confidential and non-proprietary, (b) ULTIMATE HEALTH LLC can use the submission for any purpose at its discretion, and (c) ULTIMATE HEALTH LLC has no obligations or duties towards you or the submission you made;
13. Comply with all relevant laws regarding your use of the Website. 

4. Your Privacy

We place high importance on protecting your privacy and are dedicated to ensuring its security. Our Privacy Policy outlines the handling of all personal information gathered from you in connection with your purchase of products or services through the Website, by phone, or through any other purchasing method.

5. Information is not Intended to Provide Medical Diagnosis, Advice or Treatment

The information provided on our website, through telephone communication, or in marketing materials, such as advice and recommendations, is not intended to serve as medical or healthcare advice and should not be used for medical diagnosis or treatment. These statements have not been evaluated by the FDA. The products available through this website, telephone communication, or any other method of purchase are not meant to diagnose, treat, cure, or prevent any diseases. Our website, the information provided through it, or any other communication from us should not be considered a substitute for professional medical advice from a qualified healthcare provider who is familiar with your health and specific circumstances. Before starting any new program or taking any supplements, it is always best to seek advice from a physician or a qualified healthcare provider. Ultimate Health LLC, its agents, and representatives cannot be held responsible for any consequences resulting from actions or inactions based on the information, services, or other materials available on the website or through interaction with us. Although we make efforts to keep the information on these materials accurate and up-to-date, we cannot guarantee and will not be responsible for any damage or loss related to the accuracy or timeliness of the information provided to you or made available on the website.

6. No Warranty; Disclaimer

The website is provided "as is" and "as available." To the fullest extent permitted by applicable law, Ultimate Health LLC specifically denies all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Ultimate Health LLC does not guarantee that the website will meet any requirements, or that access to the website will be uninterrupted, timely, secure, or error-free. Ultimate Health LLC makes no warranties regarding the results that may be obtained from the use of the website or the products or services offered, and cannot guarantee the accuracy, quality, or reliability of any information obtained through any Ultimate Health LLC website, including but not limited to live chat or static or dynamic content.

You acknowledge and agree that downloading any material or data from the website is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. No advice or information, whether oral or written, obtained from Ultimate Health LLC or through the website shall create any warranty not expressly stated herein.

7. Links to third party websites

ULTIMATE HEALTH LLC provides links to other websites and resources, including those of advertisers, which are not under its control. These links are only for user convenience and should not be interpreted as an endorsement by ULTIMATE HEALTH LLC of the third-party site's content, products, or services. The user accesses, views, and uses these links at their own risk. ULTIMATE HEALTH LLC does not endorse or guarantee the accuracy of the content, ownership, or legality of any third-party linked websites. The user acknowledges that ULTIMATE HEALTH LLC is not responsible or liable for the availability of external websites or resources, or for their content, advertising, products, or other materials. When the user leaves the Website through a link to another website, they are subject to and must review the third-party site's privacy policy, terms of use, and other policies.

8. Product or Services available directly from ULTIMATE HEALTH LLC

ULTIMATE HEALTH LLC reserves the right to change its products and services, or their specifications and prices, at any time and without notice. The company endeavors to ensure that the prices on its Website and other platforms are accurate and that the products and services are described and displayed properly. However, ULTIMATE HEALTH LLC does not guarantee that the product descriptions, prices or packaging match the actual product received. If you receive an item that doesn't match its description, you can return it according to the Guarantee/Return Policy available on the Website or by contacting a customer care representative. In the case of significant changes to an automatic renewal program, ULTIMATE HEALTH LLC will provide notice of the changes and information on how to cancel your participation. Descriptions or references to products and services not owned or distributed by ULTIMATE HEALTH LLC are not intended to imply endorsement unless specifically stated on the Website

9. Pricing Errors and Product or Service Unavailability

ULTIMATE HEALTH LLC may modify prices, product or service availability, and other purchase conditions without prior notice. The company strives to present accurate pricing and product/service availability information. However, ULTIMATE HEALTH LLC reserves the right to cancel any offer in the event of any errors, inaccuracies, or omissions, even after an order has been confirmed or your credit card has been charged. In case of cancellation due to errors, your credit card will be refunded the full amount of your order. It may take one full billing cycle to process the refund.

10. Order Placement and Acceptance

Payment must be received by ULTIMATE HEALTH LLC prior to the acceptance of your order. If the information provided is inadequate or incorrect, ULTIMATE HEALTH LLC may request additional information.

Dealers, wholesalers, and resellers are not allowed to place orders with ULTIMATE HEALTH LLC. You guarantee that you are purchasing products or services solely for personal or household use, not for resale or export. If ULTIMATE HEALTH LLC discovers that you are intending to resell items, your order will be cancelled, your account will be suspended or terminated, and ULTIMATE HEALTH LLC may take legal action. If your conduct is fraudulent, such as purchasing items with fake or stolen credit cards, ULTIMATE HEALTH LLC will report you to relevant enforcement authorities at the federal, state, or local level.

11. Shipping

ULTIMATE HEALTH LLC will apply shipping and handling charges and any relevant sales tax to your order. We will make commercially reasonable efforts to process and fulfill your order promptly after receiving it, providing it is complete and accurate. While we may estimate delivery times, they are subject to change. Availability of products and services may be limited, and immediate delivery may not be possible. If there is a delay in shipping or an item is unavailable, we will inform you by email, phone or post, and offer an alternative if possible. If we are unable to reach you or you cancel the order, your credit card will be refunded if charged. ULTIMATE HEALTH LLC will not be held responsible for any loss or delay in shipping or delivery. Once we deliver to a third-party carrier, the risk of loss and ownership transfers to you. ULTIMATE HEALTH LLC reserves the right to decline orders for delivery to locations outside the United States.

12. Payment Information

By ordering products or services through the Website, by phone or any other means, you are agreeing to provide only accurate, current and truthful payment information. By placing an order, you are certifying that the credit card information you provide to ULTIMATE HEALTH LLC is accurate, up-to-date and complete, that you have the authority to use the credit card for the purchase, that charges made on the card will be accepted by the credit card company, and that you will pay the charges, including taxes if any, at the stated prices. ULTIMATE HEALTH LLC reserves the right to cancel any order or suspend or terminate your account if it believes that the payment information provided is inaccurate, outdated, fraudulent or incomplete, or for any other reason that it deems appropriate. You also agree that your placement of an order through this Website satisfies any applicable Statute of Frauds and no further written confirmation is required.

13. Automatic Shipment Terms

By placing an order through an automatic renewal program on the website, over the phone, or through any other means of purchase, you give consent for charges to be automatically charged to your credit or debit card for future shipments. You also agree that ULTIMATE HEALTH LLC may store your payment information for these subsequent shipments, and your participation in the program will remain in effect until you cancel it.

If you have provided a valid credit card number or alternate payment method, the payment for each shipment will be automatically processed at the designated time and will be billed to the payment method you provided during your initial purchase and agreement to participate in the program. If you wish to cancel your participation in the automatic renewal program, you can do so at any time by contacting a customer care professional through the contact information provided on the website or by phone.

By placing an order, you acknowledge that you have reviewed and agree to these terms and conditions, which are readily accessible, downloadable, and printable on the website. They constitute a record of ULTIMATE HEALTH LLC's automatic renewal program, cancellation policy, and instructions for cancelling the program.

ULTIMATE HEALTH LLC reserves the right to terminate the program or your participation in the program at any time and will provide you with notice. It is your responsibility to keep your account information, including payment information, up-to-date and accurate. If there are any changes to your credit card or payment information, such as a change in billing address or expiration date, you must promptly inform ULTIMATE HEALTH LLC. If your credit card information is cancelled or becomes invalid, your shipment may be delayed or cancelled.

If your credit card fails to process for a subsequent shipment, ULTIMATE HEALTH LLC may reach out to you for alternate payment information. If you do not pay for a product or service received, your account may be sent for collection.

14. Electronic Documents and Signatures

You agree that all communications made on the Website, as well as through other electronic means such as email, are considered electronic communications and have the same effect as if they were written and signed by the sender. By clicking on buttons labeled "SUBMIT," "BUY NOW," "PURCHASE," "ORDER NOW," "I ACCEPT," or "I AGREE," you are submitting a legally binding electronic signature and entering into a legally binding contract.
You acknowledge that your electronic submissions and agreement to be bound by this agreement is in accordance with the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229, and any other applicable laws. You also agree to the use of electronic signatures, contracts, and records, and to electronic delivery of notices and transactions initiated or completed through the Website or by telephone. Furthermore, you waive any rights under any laws that require non-electronic records or payments to be in written form or through non-electronic means.

15. Communicating with ULTIMATE HEALTH LLC

You acknowledge that all calls, online chats, and other forms of communication with ULTIMATE HEALTH LLC, including personal messaging and social media posts, are monitored and recorded, and you voluntarily give your consent to this monitoring and recording. You also confirm that the contact information you have provided to ULTIMATE HEALTH LLC is correct and accurate, and that you are the subscriber or an authorized user of any phone numbers, email addresses, etc. you have given to the company. You agree that ULTIMATE HEALTH LLC and/or its agents can reach you at the provided phone numbers, email addresses, etc. through calls, texts, or automated voice messages for any purpose, including customer service or marketing purposes, even if your phone number is on a Do Not Call registry. You acknowledge that you may incur charges for these communications from your phone or internet service provider, and ULTIMATE HEALTH LLC will not be held responsible for these charges.

ULTIMATE HEALTH LLC may obtain your contact information directly from you or through other lawful means, such as skip tracing, and you agree to be contacted at the provided email addresses, mailing addresses, phone numbers, or other methods of communication. You agree to notify ULTIMATE HEALTH LLC of any changes to your contact information within 30 days by writing to 1145 Hightower Trail, Atlanta Georgia 30350, United States, Attention: Customer Service or by emailing contact@uhproducts.com. Your consent to this communication provision is not necessary to make a purchase with ULTIMATE HEALTH LLC.

16. Text Marketing & Notifications

This is a disclaimer regarding the use of mobile phone numbers for text marketing by ULTIMATE HEALTH LLC. By providing your mobile phone number, you agree to receive recurring automated marketing messages and shopping cart reminders from ULTIMATE HEALTH LLC. You may opt out of these text messages at any time by texting "STOP," "CANCEL," "QUIT," "END," or "UNSUBSCRIBE" to any message you receive from ULTIMATE HEALTH LLC. Other opt-out methods, such as sending an email or calling, will not be recognized as valid. You may expect to receive text messages regarding various promotions and campaigns from ULTIMATE HEALTH LLC, including but not limited to text alerts, surveys, welcome messages, win-backs, campaigns, giveaways, flash sales, upsells, feedback, and review requests. Note that carriers such as AT&T, T-Mobile, Verizon, Sprint, Rogers, MetroPCS, and others are not responsible for undelivered or delayed messages.

17. Limited Liability

This means that ULTIMATE HEALTH LLC, its suppliers, representatives, affiliates, or agents will not be responsible for any indirect, special, incidental, or consequential damages that may arise from the use of the website, the use of items or services purchased on or through the website, or via telephone or through any other method of purchase. This includes, but is not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, or cost of procurement of substitute services or items. This waiver of liability applies regardless of the manner in which damages are caused and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise.

18. Indemnification

This indemnification provision requires you to protect and compensate ULTIMATE HEALTH LLC from any liabilities, losses, claims, demands, damages, or expenses (including reasonable attorney's fees) that may arise from your use of the Website or any ULTIMATE HEALTH LLC controlled social media platform, the submission or transmission of information to ULTIMATE HEALTH LLC through the telephone, Website, or any other method, any privacy or tort claims related to the provision of personal information that is not owned by you, or your breach of this Agreement.

19. Termination, Suspension, Revision of Website

This section of the agreement states that Ultimate Health LLC has the right to modify or discontinue the Website at any time, without prior notice to you, for any reason. You agree that Ultimate Health LLC will not be held responsible for any consequences that may result from such changes. Additionally, even if your use of the Website changes or is terminated, the provisions regarding intellectual property rights, indemnification, disclaimer of warranties, limitations on liability, and pre-dispute procedures will still apply.

20. Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver

You agree that ULTIMATE HEALTH LLC may, in its sole discretion and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that ULTIMATE HEALTH LLC shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification and disclaimer regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on ULTIMATE HEALTH LLC’s liability, and pre-dispute procedures, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision.

General

 

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, ULTIMATE HEALTH LLC or its affiliates, agents or representatives or any involved third party relating to your account, your use of the Website, your relationship with ULTIMATE HEALTH LLC or this Agreement. This includes any and all Claims that arise from or relate in any way to your use of the products or services, your attempted use of the products or services, the use of the Website and any act or omission by ULTIMATE HEALTH LLC or any third party related to your use or attempted use of the products or services. You, ULTIMATE HEALTH LLC or any involved third party may pursue a Claim. ULTIMATE HEALTH LLC agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against ULTIMATE HEALTH LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This includes Claims based on contract, tort, equity, statute, or otherwise, as well as Claims regarding the scope and enforceability of this provision. It includes all Claims by or against you, ULTIMATE HEALTH LLC and/or any affiliated person, company and/or agent or representative. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions
As an exception to binding arbitration, you and ULTIMATE HEALTH LLC both retain the right to pursue, in a small claims court, any Claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. ULTIMATE HEALTH LLC will not demand arbitration in connection with any individual Claim that you properly file and pursue in a small claims court, so long as the Claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
TERMS & CONDITIONS OF USE
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against ULTIMATE HEALTH LLC, you will first give us an opportunity to resolve your problem or dispute. You are required to send a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to Ultimate Health Products LLC., 1712 PIONEER AVE STE 115, CHEYENNE, WY 82001, Attn: Legal Department. You agree to negotiate with ULTIMATE HEALTH LLC or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after ULTIMATE HEALTH LLC’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencing Arbitration
You and ULTIMATE HEALTH LLC agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred.
TERMS & CONDITIONS OF USE
For your convenience, the arbitration may be conducted in the federal district where you reside. If both you and ULTIMATE HEALTH LLC agree, the arbitration may be held by telephone or through written submissions.
Organization, Rules and the Arbitrator
You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures (see www.jamsadr.com) and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal or visiting its website.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this Agreement and whether a non-signatory to this Agreement can enforce this provision against you or ULTIMATE HEALTH LLC.
Fees
The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own fees, costs and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses.
Award
The arbitrator shall follow Wyoming substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final subject to appeal under the FAA.
Enforceability
This provision survives termination of your account or relationship with ULTIMATE HEALTH LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action) then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and ULTIMATE HEALTH LLC and shall not be modified except in writing by ULTIMATE HEALTH LLC.
Amendments
ULTIMATE HEALTH LLC reserves the right to amend this arbitration provision at any time. Your continued use of any ULTIMATE HEALTH LLC Website, purchase of a product or service on or through a ULTIMATE HEALTH LLC website or by any other method, your use or attempted use of a ULTIMATE HEALTH LLC product or service, following the posting of an amendment to this arbitration provision constitutes your consent to such changes. Should the changes to this arbitration provision be material, ULTIMATE HEALTH LLC will provide you notice and an opportunity to opt-out. Your continued use of any ULTIMATE HEALTH LLC site, purchase of a product or service or use or attempted use of a ULTIMATE HEALTH LLC product or service is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE INITIAL DATE OF PURCHASE, USE OR ATTEMPTED USE OF A PRODUCT OR SERVICE PURCHASED BY TELEPHONE, THROUGH THIS ULTIMATE HEALTH LLC WEBSITE OR VIA ANY OTHER METHOD OF PURCHASE (WHICHEVER COMES FIRST) BY WRITING TO ULTIMATE HEALTH LLC., 1712 PIONEER AVE STE 115, CHEYENNE, WY 82001 ATTN: LEGAL DEPARTMENT.
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS OF THE INITIAL DATE OF PURCHASE, USE OR ATTEMPTED USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.

This passage is an arbitration clause in an agreement between a company, Ultimate Health LLC, and its users or customers. The clause requires that any disputes or claims between the parties be resolved through binding arbitration instead of a lawsuit. This includes all claims related to the use of the company's products or services, the use of the website, and any act or omission by the company or any third party related to the use of the products or services.

Exceptions to the binding arbitration requirement include the right to pursue claims in a small claims court if the claim falls within its jurisdiction and proceeds on an individual basis and disputes concerning trade secret misappropriation, patent infringement, copyright infringement, or trademark infringement.

Before initiating a claim, the user must first provide the company with a written description of the issue and attempt to negotiate with the company in good faith to resolve the problem or dispute. If the problem is not resolved within 60 days, the user may proceed to arbitration. The arbitration must be commenced within one year of the claim arising and may be conducted in the federal district where the user resides. The arbitration will be conducted by a single arbitrator chosen from the JAMS Comprehensive Arbitration Rules and Procedures and the rules of the selected tribunal will apply.

The arbitrator will have the exclusive and sole authority to resolve the dispute and determine the enforceability of the arbitration agreement. The parties will equally share the arbitrator fees, but each party will pay their own fees, costs, and expenses for things like attorneys, experts, documents, and witnesses. The arbitrator will follow Wyoming substantive law and may award any form of individual relief including injunctions and punitive damages. The award will be final subject to appeal under the Federal Arbitration Act.

This arbitration provision survives termination of the user's account or relationship with the company, bankruptcy, assignment, or transfer. The class action waiver is also enforceable and prevents users from participating in a class action lawsuit against the company.

21. Choice of Law and Exclusive Venue for all other Controversies

This section of the agreement specifies the jurisdiction or the legal authority that will be responsible for governing the agreement. The laws of the state of Wyoming, United States will be used to govern the agreement, which means that the agreement will be interpreted and enforced in accordance with the laws of the state of Wyoming.

The agreement also states that any controversies or disputes arising from the agreement that are not resolved through the dispute resolution procedure or class action waiver provisions will be filed in a court of competent jurisdiction located in Cheyenne, Wyoming. This means that if there is a legal issue that cannot be resolved through the dispute resolution procedure or class action waiver provisions, then the parties involved in the agreement agree to take the issue to a court located in Cheyenne, Wyoming. Both parties also agree to be bound by the jurisdiction of the courts in Cheyenne, Wyoming, and consent to being subject to the exclusive jurisdiction of such courts for any such controversy.

22. Force Majeure

This provision is typically included in contracts to limit the liability of one or both parties in the event of unexpected and uncontrollable circumstances that prevent the performance of the agreement. It specifies that neither party will be held responsible for failure or delay in performance that is caused by acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, and other similar events beyond their control. This helps to ensure that neither party is unfairly penalized for events outside of their control and reduces the risk of disputes arising from such circumstances.

23. ULTIMATE HEALTH LLC Remedies

This passage states that if there is a breach of the Agreement by you, ULTIMATE HEALTH LLC is entitled to seek an injunction or other equitable relief to prevent irreparable injury. The passage also states that seeking an injunction does not prevent ULTIMATE HEALTH LLC from pursuing other remedies available to them, such as monetary damages.

24. Modifications

In addition, if any changes to these Terms & Conditions are not acceptable to you, you must stop using ULTIMATE HEALTH LLC's products and services and the Website. If you do not stop using these products and services and the Website, it will be deemed that you have accepted the new Terms & Conditions. The most current version of the Terms & Conditions, which supersedes all previous versions, will be posted on the Website and will be the terms in effect during your use of ULTIMATE HEALTH LLC's products and services and the Website.

25. Our Intellectual Property Rights and the Intellectual Property Rights of Others

This section of the agreement confirms that the intellectual property published by ULTIMATE HEALTH LLC on its website, other websites, and social media platforms, including text, graphics, software, music, sound, photographs, images, and videos, is protected by copyright, trademark, patent, or other proprietary rights and laws, and is the property of ULTIMATE HEALTH LLC, its affiliates, or third parties. The user is granted a limited, non-exclusive, non-transferable, revocable license to view, copy, and print content from the website only for the purpose of placing an order, but the content cannot be altered or obscured in any way. The user is not granted any other license or right to use any of ULTIMATE HEALTH LLC's or a third party's intellectual property rights, unless otherwise stated in the agreement. The use of trademarks and service marks displayed on the website is also restricted and requires the prior written consent of ULTIMATE HEALTH LLC or the owner of the trademark or service mark.

26. Copyright Policy

ULTIMATE HEALTH LLC takes the protection of intellectual property rights seriously and has policies in place to address any infringement claims. In the event that you believe your copyright has been infringed, you may provide notice to ULTIMATE HEALTH LLC by emailing contact@uhproducts.com. In your email, you should include a description of the copyrighted work that you believe has been infringed, the location of the infringing material on the Website, your contact information, a statement confirming your good faith belief that the disputed use is not authorized by the copyright owner or the law, and a statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. ULTIMATE HEALTH LLC will investigate any claims of copyright infringement and may remove infringing content from the Website as appropriate.

27. Additional Terms

This section of the agreement outlines the assignment and transfer of rights and obligations under the agreement. It specifies that the ULTIMATE HEALTH LLC company operating the site has the right to assign, transfer or sub-contract any of its rights or obligations to any third party or ULTIMATE HEALTH LLC company at its discretion. On the other hand, you cannot assign or delegate any of your rights or obligations without the prior written consent of ULTIMATE HEALTH LLC.

Additionally, the agreement mentions that any representations, warranties, and indemnification obligations made by you will survive any cancellation or termination of your account or relationship with ULTIMATE HEALTH LLC. The agreement is not intended to confer any rights or remedies upon any person other than you.

The agreement also states that a delay in exercising any right or remedy by ULTIMATE HEALTH LLC does not operate as a waiver of that right or remedy, and any waiver must be agreed to in writing. If any term or provision of the agreement is found to be invalid, illegal or unenforceable, it will not affect the other terms or provisions of the agreement.

Finally, the agreement states that it supersedes and replaces any other terms previously published by ULTIMATE HEALTH LLC and any other representations or statements made by them to you.