CONNECT WITH YOURSELF™ PARTICIPATION AGREEMENT
YOUR USE OF THIS SITE AND ITS SELF-ASSESSMENT TOOLS PROVIDED HEREIN IS SUBJECT TO THE TERMS OF THIS AGREEMENT. THEREFORE, BY USING THIS SITE AND ITS SELF-ASSESSMENT TOOLS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT THAT YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THE FOLLOWING:
1. This website and interactive tools provided herein (the “Site”) is owned and managed by the Zira Mind and Body, Ltd. and its affiliates (collectively, the “Zira”). The Zira’s interactive self-assessment tools, such as, but not limited to, CONNECT WITH YOURSELF™ program (collectively, the “Connect”) is an educational selfassessment and recommendation program based on the principles of Ayurveda, along with other principles of integrative medicine. The Ayurvedic approach is 5,000 years in origin and is a systems-based approach to balancing the human body. Integrative medicine includes ayurvedic medicine, along with non-ayurvedic principles, which approach symptoms from a systems-based model.
2. The purpose of the Connect is to provide an assessment of the Ayurvedic “type,” along with the nutrient deficiencies or other systems-based issues, through selfquizzes and other educational materials. Based on this Ayurvedic/integrative approach, the Connect will provide recommendations in the form of dietary recommendations, lifestyle changes, and/or supplement/herbal options to help bring the system into the balance and restore low nutrient levels, organ, and overall dosha imbalances.
3. You understand that following your participation in the Connect program you may receive one or more reports and recommendations of certain Zira’s protocols (the “Protocols”). Any products you purchase based on the recommendation(s) are purchased solely through your own initiative and free will. You understand that the recommendation(s) does not constitute medical advice, diagnosis, or treatment, nor does it provide a guaranty of treatment, outcome, or cure. You must consult your health care provider and refer to the labeling instructions for possible side effects and/or drug/supplement interactions of the recommended products. Following the recommendation(s) does not form a doctor-patient relationship and no expectation of such relationship shall be construed. Reliance on any recommendation is solely at your own risk. Any health decisions made based on recommendation(s) contained in the Site is also solely at your own risk. You also understand that you may choose to purchase products directly through the linked online store (the “Independent Purchase”) that sells third-party products and services, some of which may be affiliated with the Zira.
4. Supplements recommended either through Connect, Protocols, or through Independent Purchases are recommended based on tradition, scientific theories, and limited third-party research. Research results may vary due to the nature of the products recommended. Many supplements have not been thoroughly tested in humans, thus safety and effectiveness have not always been proven. You expressly acknowledge that the evidence behind many recommendations may not be supplied or verified. Certain recommendations may be based on clinical experience of Dr. Trupti Gokani (“Dr. Gokani”), who is affiliated with the Zira, and her theories/teachings based on how these products work to balance the human body. You also expressly agree that any recommendation(s) is/are not for the purpose of diagnosing the presence or 2 absence of, or of treating, curing or preventing any disease or other specific health problem. Dr. Gokani is not assuming responsibility for treatment of any such diseases or health problems.
5. The products, information, self-assessments, and any recommendations provided on the Site, through emails, or videos/webinars, are not intended to diagnose, treat, cure or prevent any disease. The statements on the Site, emails or videos/webinars, have not been evaluated by the Food and Drug Administration (the “FDA”).
6. The herbal food supplements and nutrient blends recommended on the Site have not been evaluated by the FDA nor are these supplements and nutrient blends been approved by the FDA for the prevention, diagnosis, treatment, or cure of any disease condition.
7. No claim is made as to the accuracy of any information provided through Connect, Protocols, or Independent Purchases. Circumstances may vary based on individual parameters and the accuracy of the information provided to Connect. Unless stated otherwise, no information provided by the third-parties have been independently verified, tested, or examined by the Zira.
8. Decisions regarding any use of or reliance upon any recommendation(s) or Protocols received are your own initiative and responsibility. Nothing in the Connect, Protocols, or Independent Purchases is designed to discourage you from continuing with or seeking out the traditional medical approaches and/or guidance of a health care provider. You will not use any information gained through the Connect, Protocols, or Independent Purchases, as a basis for delaying, ceasing, or modifying your use of any such medical approaches.
9. THE CONNECT AND PROTOCOLS ARE FOR EDUCATIONAL USE ONLY AND ARE NOT A SUBSTITUTE FOR MEDICAL EVALUATION AND TREATMENT OF HEALTH CONDITIONS.
10. YOU WILL STILL CONTINUE TO SEE YOUR HEALTH CARE PROVIDER OR PHYSICIAN, ESPECIALLY IF YOU ARE TAKING ANY NEW SUPPLEMENTS, AS THIS WILL ENSURE THE SAFETY OF SUCH SUPPLEMENTS AND PRODUCTS. YOU WILL SEE A PHYSICIAN FOR COMPREHENSIVE EVALUATION AND TREATMENT AS SOON AS POSSIBLE IF YOU HAVE ANY NEW, WORSENING, OR PERSISTENT HEALTH OR PSYCHOLOGICAL SYMPTOMS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU WILL CALL YOUR DOCTOR OR 911 (OR SUCH OTHER NUMBER USED FOR MEDICAL EMERGENCIES IN YOUR AREA) IMMEDIATELY.
11. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE.
12. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE ZIRA, DR. GOKANI, THEIR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, 3 DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF. TO THE EXTENT ZIRA, DR. GOKANI, THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THEIR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
13. You agree that data of any narrative or verbal report of the benefits you give or receive during the consultation or though the Site or Connect may be used in research and promotional reports; provided, however, that your name and personally identifiable information will not be used without your prior written consent.
14. Given the nature of the Internet, even though the Site is designed for US residents, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand, and agree that you are doing so on your own initiative and at your own risk. It is your responsibility to make sure that your use of the Site and supplements sold therein comply with all applicable local laws. If you are not a US resident, by submitting your information through this Site, you consent to the transfer of such information to the US, where your data will be subject to the applicable US and local laws. Such laws may provide a level of data security different than your country.
15. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois without regard to any choice of law or conflict of laws principles, regardless where you are located. All actions and proceedings arising under or in connection with this Agreement shall be subject to this provision. Each party to this Agreement agrees that any and all disputes that may arise out of this Agreement or out of each party’s relationship with the other shall be submitted for resolution to the American Arbitration Association’s (“AAA”) Chicago, Illinois office. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the appropriate court (the circuit court or northern district court) in Cook County, Illinois. If either party desires arbitration, it agrees to serve a written notice of the arbitration to the other party and the AAA’s Chicago, Illinois office. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
16. You agree to indemnify and hold harmless the Zira and Dr. Gokani from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ and accountants’ fees and costs, whether or not the dispute is litigated or settled) that such parties may incur as a result from, or arising from, the use or misuse of any product(s) or product information provided on the Site. In no event shall the Zira and/or Dr. Gokani be liable for any damages (including, without limitation, 4 incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Connect, Protocols, or Independent Purchases, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Zira and/or Dr. Gokani is advised of the possibility of such damages. The Zira and Dr. Gokani are not liable for any personal injury, including death, caused by your use or misuse of the Connect, Protocols, or Independent Purchases.
17. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HERETO WAIVE THEIR RIGHT TO A JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
18. If any provision of the Agreement shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of the Zira and/or Dr. Gokani to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19. These terms and conditions set forth herein, along with other disclaimers and policies disclosed in the Site, constitute the entire agreement between you and the Zira with respect to the use of the Site and its self-assessment and interactive tools.