1. Your Access to the Service

1. 1.1 Internet Access
   When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
   
2. 1.2 Your Device
   Luventix is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
   
3. 1.3 No Guarantee
   ‍Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
   

2. Permitted Use and Restrictions

1. 2.1 License Grant
   Subject to the terms and conditions of these Terms, Luventix hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.
   
2. 2.2 Use Restrictions
   You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Luventix in its sole discretion.
   
3. 2.3 Eligibility
   The Service may not be used by anyone under the age of 18. By accessing or using the Service, you represent and warrant that you are at least 18 years of age.
   
4. 2.4 Investigations
   We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 14 (Termination) below.
   
5. 2.5 Violation of these Terms
   You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Luventix has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
   

3. Privacy

These also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. Site Content Disclaimer

The Site provides general information about our company and the products and Service we offer, including diagnostic health testing and services. If you visit the Site, you should not use information found on the Site to replace a relationship with your physician or other health care professional and should not rely on information provided on the Site as professional medical advice. Always seek the advice of your physician or other qualified health care provider concerning questions you may have regarding a medical condition and before starting, stopping or modifying any treatment or medication. IN THE CASE OF A HEALTH EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY PERSONNEL. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Site.

The information (including, without limitation, advice and recommendations) and services on the Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Accessing or using the Site does not create a doctor-patient relationship with Luventix.

While Luventix attempts to keep all of the information on the Site up to date, the Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Luventix makes no warranties or representations as to the accuracy of the content on the Site and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site.

5. User Accounts and Security

1. 5.1 User Accounts
   To use certain features of the Service, you may be required to create a Luventix account and provide us with your first name, last name, date of birth, email address, account username and password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Service.
   
2. 5.2 Account Security
   Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Luventix immediately if you become aware of any unauthorized use of your password or your account.
   
3. 5.3 Account Sharing or Transfers
   Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
   
4. 5.4 Account Deletion by You
   You may delete your account at any time by logging into your account and selecting “delete account” or by contacting us as described in Section 22 (Contact Information) below.
   
5. 5.5 Account Deletion by Us
   Luventix may terminate your account at any time for any reason or no reason, including if: (a) Luventix determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Luventix; (b) Luventix determines it is required by law to terminate your account; or (c) Luventix decides to stop providing the Service or critical portions of the Service. When terminating your account, Luventix may delete your account and the information in it. You have no ownership rights to your account.
   

6. Terms of Sale and Payments

1. 6.1 Billing Policies
   If you choose, at your sole discretion, to purchase goods or services, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Luventix uses authorized third parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our Third-Party processors, you grant (or otherwise authorize) Luventix the right to store and process your information with such third parties. You agree that Luventix is not responsible for any failures of such third parties to adequately protect your information.
   
2. 6.2 Currency
   All prices are listed in US dollars and all payments must be made in US dollars. Luventix is not responsible for any exchange rates or fees incurred by you from your chosen Payment Method.
   
3. 6.3 Product Availability
   We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes and shipping charges. All orders are subject to acceptance and availability. In certain circumstances, products may become unavailable after an order has been placed. In such a case, we will either notify you that we are unable to process your order, or a refund will be issued to your original Payment Method for the amount paid. It may take seven (7) to ten (10) business days for the refund to appear on your bank or credit card statement.
   
4. 6.4 Order Processing
   Product orders are typically processed within three (3) business days. Once an order has been placed, a confirmation email will be sent to you and can only be modified or cancelled within 30 minutes of placing your order. Once your order has been processed and shipped, you will receive a shipping confirmation email. Orders may experience shipping delays for reasons outside our control or during special releases, major holidays, and markdown periods. In the event of a shipping delay, we will notify you as soon as possible and work to get your order processed as soon as we can. Luventix is not responsible or liable to you for any delays to your order.
   
5. 6.5 Personal Use
   All products sold by or received from Luventix are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Luventix. Luventix reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Luventix in its sole discretion.
   
6. 6.6 Sale Items
   Luventix reserves the right to extend or modify markdowns or discount codes at any time with or without notice.
   
7. 6.7 Returns
   Luventix allows you to initiate a return within sixty (60) days of your order delivery date. All returned items must be in unused condition. Refunds will be issued in the original form of payment exclusive of shipping costs upon arrival and inspection of your return. Please allow 7-10 business days following the processing of your return for the refund to appear on your bank statement. To initiate a return, you may email us as indicated in Section 22 (Contact Information) at the bottom of these Terms. If your order is eligible for return, Luventix will provide you with a return shipping label. If you choose to use your own return shipping label, you do so at your own expense and Luventix cannot not guarantee that such items will be eligible for a refund.
   

7. Idea Submissions

We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

8. Intellectual Property Rights

1. 8.1 Trademarks
   The Luventix name and logo are trademarks and service marks of Luventix. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
   
2. 8.2 Ownership
   You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Luventix, and are protected by intellectual property laws. You acknowledge and agree that Luventix, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Luventix has designated as confidential, and you agree not to disclose such information without Luventix’s prior written consent. Nothing posted on the Service grants a license to any Luventix trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Luventix. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
   

9. SMS/MMS Mobile Messaging Program Terms and Conditions

Luventix offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (for purposes of this Section 9, the “Agreement”). By opting-in to or participating in any of our Services, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 17 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or Privacy Policy that may govern the relationship between you and Luventix in other contexts.

1. 9.1 Signing Up and Opting-In to the Program
   Enrolment in the Program requires you to provide your mobile phone number and to agree to these terms and conditions. Before the Program starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Program and your agreement to these Terms. Luventix reserves the right to stop offering the Program at any time with or without notice.
   
2. 9.2 By opting into the Program, you:
   
3. authorize Luventix to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
   
4. acknowledge that you do not have to agree to receive messages as a condition of purchase.
   
5. confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
   
6. consent to the use of an electronic record to document your opt-in.
   
7. 9.3 Messages You May Receive
   You may receive service-related messages and/or promotional messages.  Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).  Once you affirm your choice to opt-in to the Program, your message frequency may vary.
   ‍
   Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of the Services.
   
8. 9.4 Charges and Carriers
   Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program.
   
   Supported carriers vary and may not be available on all wireless carriers. Luventix may add or remove any wireless carrier from the Program at any time without notice. Luventix and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
   
9. 9.5 To Stop the Program
   If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from Luventix in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
   
   For service support or assistance, reply HELP for help or email customer-service@luventix.com.
   
10. 9.6 MMS Disclosure
    ‍The Program will send SMS terminating messages if your mobile device does not support MMS messaging.
    
11. 9.7 Our Disclaimer of Warranty
    The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.
    
12. 9.8 Participant Requirements
    You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.
    
13. 9.9 Duty to Notify and Indemnify
    If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Luventix of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Luventix, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
    

10. Third-Party Sites and Services

The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

11. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

12. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

13. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LUVENTIX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods or services purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LUVENTIX’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LUVENTIX’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 3, 8 and 11–20 will survive any termination or expiration of these Terms.

15. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 22 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

16. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Nevada in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of Nevada or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

17. Dispute Resolution

1. 17.1 User Concerns
   Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 22 (Contact Information) below.
   
2. 17.2 Disputes
   By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
   
3. 17.3 Arbitration Procedures
   ‍Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program.
   
   Supported carriers vary and may not be available on all wireless carriers. Luventix may add or remove any wireless carrier from the Program at any time without notice. Luventix and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
   
4. 9.5 To Stop the Program
   In the event your concern cannot be resolved informally, you and Luventix agree that, except as provided in Section 17.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 17 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
   
   Except as otherwise set forth in Section 17.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Luventix will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Luventix may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
   
   IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
   
5. 17.4 Location
   The arbitration will take place in the City of Henderson in Clark County, Nevada, United States of America, unless the parties agree to video, phone, or internet connection appearances.
   
6. 17.5 Limitations
   You and Luventix agree that any arbitration shall be limited to the Claim between Luventix and you individually. YOU AND LUVENTIX AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
   
7. 17.6 Exceptions to Arbitration
   You and Luventix agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
   
8. 17.7 Arbitration Fees
   If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
   
9. 17.8 Severability
   You and Luventix agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 17.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17.6 is found to be illegal or unenforceable then neither you nor Luventix will elect to arbitrate any Claim falling within that portion of Section 17.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City of Henderson in Clark County, Nevada, United States of America, and you and Luventix agree to submit to the personal jurisdiction of that court.
   

18. Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this TOS Agreement do not apply to you: Section 12 (Warranty Disclaimer), Section 13 (Limitation on Liability), and Section 16 (Governing Law) above, the Nevada governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

20. Additional Important Terms

1. 20.1 Assignment
   The rights granted to you under these Terms may not be assigned without Luventix’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
   
2. 20.2 Severability
   Except as otherwise provided in Section 17.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
   
3. 20.3 Attorneys’ Fees
   In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 17.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
   
4. 20.4 No Waiver
   Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Luventix of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
   
5. 20.5 Equitable Remedies
   You acknowledge and agree that Luventix would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
   
6. 20.6 Entire Agreement
   These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Luventix with respect to the Service and supersedes any and all prior agreements between you and Luventix relating to the Service.
   
7. 20.7 Transfer
   We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.
   

21. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.