Terms of Use

Last Updated: April 16, 2026

CULTURES FOR HEALTH’S TERMS OF USE

Ownership of Website; Arbitration; Agreement to Terms of Use

These Terms of Use (“Agreement”) govern your access to and use of this Website and any products or services offered through the Website. This Agreement becomes effective only when you take one of the following actions on the Website: (i) accept cookies through the Website’s cookie consent mechanism, (ii) create an account on the Website, or (iii) complete the purchase of a product through the Website.

In each instance, you will be presented with a clear notice stating that by taking the applicable action you agree to be bound by these Terms of Use and the Website’s Privacy Notice, each of which will be made available through conspicuous hyperlinks. By clicking an “I Agree,” “Accept,” “Create Account,” “Place Order,” or similar button or mechanism presented with such notice, you affirmatively acknowledge that you have read, understand, and agree to be bound by this Agreement and the Privacy Notice.

The Privacy Notice describes how we collect, use, and disclose information in connection with your use of the Website and is incorporated into this Agreement by reference.

If you do not agree to the terms of this Agreement and the Privacy Notice, you must not accept cookies, create an account, or purchase any products through the Website.

Cultures for Health may modify this Agreement from time to time in its sole discretion. Any changes will be posted on the Website and will be effective as of the date of posting unless a later effective date is stated. Your continued access to or use of the Website after any such changes become effective constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must stop using the Website.

You have a duty to read this Agreement. This Agreement, to the extent legally allowable in your jurisdiction, requires you and Cultures For Health to resolve most disputes solely through arbitration and on an individual basis and not as a class action, class arbitration, or any other representative proceeding. Additionally, this Agreement waives your right to a trial by jury.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU ANDCULTURES FOR HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Cultures For Health’s Ownership of Content and Trademarks

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Cultures For Health. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Cultures For Health.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Cultures For Health, including, but not limited to,CULTURES FOR HEALTH®, are common law or registered trademarks owned by or licensed to Cultures For Health. You are expressly prohibited from using the trademarks of Cultures For Health to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Cultures For Health in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Website

Conditional upon your adherence to the terms of this Agreement, Cultures For Health grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Website in its executable, and non-source code form and for its customary and intended purposes. The customary and intended purposes of the Website are limited to its use to review information published on the Website, to communication with Cultures For Health, or to purchase products through the Website.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

a. Attempting to access the Website other than through a standard web browser unless You have been permitted to do so by Cultures For Health through a separate, written agreement (this restriction does not apply to search engines that comply with Cultures For Health’s robots.txt file);

b. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Cultures For Health’s robots.txt file);

c. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Website;

d. Training artificial intelligence, large language models, or other generative technologies, including, without limitation, technologies that are capable of performing search functions, without Cultures For Health’s specific and express written permission;

e. Decompiling, reverse engineering, disassembling, or hacking the Website;

f. Scraping, caching, or utilizing the Website through a proxy;

g. Sharing your User Account with others or providing unauthorized access to your User Account;

h. Circumventing the Website’s technology protection measures;

i. Infringing upon the intellectual property or other proprietary rights of Cultures For Health;

j. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

k. Exporting the Website in violation of the export controls or regulations of the laws of your country or any other country’s laws or regulations;

l. Using the Website to violate any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international;

m. Using the Website to violate the rights of third parties, including, but not limited to, any personal or proprietary rights;

n. Removing or altering any proprietary notices contained within the Website, including, but not limited to, copyright and trademark notices; or

o. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

p. Using any content, data, or other materials from the Website for automated extraction, text and data mining, dataset creation, or reuse, including to train, develop, or improve any artificial intelligence, machine learning, large language model, or other generative technology, without Cultures for Health’s specific and express written permission

Your Representations and Warranties

When using the Website, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Website on behalf of a third party, including, but not limited to, a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts

Cultures for Health may provide you with the ability to register a user account (“User Account”), which will provide you with additional access to the Website, including the ability to proceed through checkout faster, check the status of orders, and view past orders.

User Accounts may be provided through Shopify and are subject to the Shopify Consumer Terms of Service (https://shop.app/terms-of-service). You are encouraged to review the Shopify Consumer Terms of Service. Shopify’s terms generally govern the Shopify-provided account features (such as account creation, login, and related Shopify services). This Agreement governs your access to and use of the Website and Cultures for Health’s products and services, including ordering, subscriptions (if any), customer service, and any other interactions with Cultures for Health through the Website. In the event of a conflict between this Agreement and the Shopify Consumer Terms of Service with respect to the Website or your transactions with Cultures for Health, this Agreement will control to the maximum extent permitted by law.

Testimonials, Reviews, and Other Submissions

Cultures For Health may provide you with the ability to submit ideas to Cultures For Health through the Website. If you submit ideas to Cultures For Health, you agree that any ideas that you submit to Cultures For Health will automatically become the property of Cultures For Health and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Cultures For Health. You understand and agree that Cultures For Health may use or redistribute any ideas that you submit to Cultures For Health for any purpose and in any way and that Cultures For Health has no obligation to keep any ideas submitted to Cultures For Health confidential.

Cultures For Health may also provide you with the ability to submit user generated content to the Website, including, but not limited to, reviews and testimonials (collectively, “User Generated Content”). By submitting User Generated Content to the Website, you grant Cultures For Health a limited, non-exclusive, irrevocable, royalty free, and perpetual license to use your User Generated Content for display on Cultures For Health’s social media channels and website. This may include, but is not limited to, displaying your User Generated Content to third parties through social media links, emailed content, or on the Cultures For Health Website, providing your User Generated Content to third parties, and archiving or making backup copies of your User Generated Content. By providing Cultures For Health with your consent to use your User Generated Content, you waive all moral rights or rights of publicity or privacy with respect to the User Generated Content. 

You warrant that your User Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. You agree to indemnify, defend, and hold harmless Cultures For Health, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to your User Generated Content.

Cultures For Health may use User Generated Content, in whole or in part, together with the name and state/country of the person submitting it. User Generated Content in the form of testimonials and/or product reviews may be used for any form of advertising relating to Cultures For Health’s products or services, in printed and online media, as Cultures For Health determines in its absolute discretion. Testimonials and product reviews represent the unique experience of the customers submitting such User Generated Content and do not necessarily reflect the experience that you may have using our products or services.

Additionally, Cultures For Health reserves the right to correct grammatical and typing errors, to shorten User Generated Content prior to publication or use, and to review all User Generated Content prior to publication or use. Cultures For Health shall be under no obligation to use any, or any part of, any User Generated Content submitted. If you submit User Generated Content, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit User Generated Content.

Privacy and Data Processing

In your use of the Website, Cultures for Health may collect personal or personally identifiable information from you. You warrant and agree that, for any personal or personally identifiable information that you transmit to Cultures for Health, you have adequate rights to transmit that personal or personally identifiable information to Cultures for Health and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. The Website may use cookies, pixels, and similar technologies, including for functionality and analytics, and (where applicable) for advertising-related purposes, as further described in Cultures for Health’s Privacy Notice. Your personal information may be processed and stored in the United States or other countries where Cultures for Health or its service providers operate, and may therefore be subject to cross-border transfer. Cultures for Health has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it. You are directed to review Cultures for Health’s Privacy Notice at the following link:https://culturesforhealth.com/policies/privacy-policy.

Ordering; Payment; Taxes

Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Cultures for Health until Cultures for Health accepts your invitation to deal by performance, specifically, by shipping the ordered goods (including any partial shipment). Cultures for Health may, in its sole discretion, accept, decline, limit, or cancel any order (including after an order has been submitted), and may limit quantities purchased per person, per household, or per order. If a product is not available at the time of shipment, Cultures for Health may place the item on backorder, ship the available items first (partial shipment), or cancel the unshipped portion of the order and issue any refund required by applicable law and Cultures for Health’s Shipping and Returns Policy. Pricing errors will not constitute a contract between you and Cultures for Health, and Cultures for Health strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Cultures for Health is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Cultures for Health’s payment processor. Chargebacks. If you have a billing dispute, you agree to contact Cultures for Health first and make a good-faith effort to resolve the issue before initiating a chargeback. Nothing in this Agreement limits any rights you may have under applicable law or card network rules. However, you acknowledge and agree that initiating chargebacks that are fraudulent, abusive, or otherwise not permitted under applicable law or applicable card network rules may result in Cultures for Health seeking reimbursement from you for any fees, costs, and expenses incurred in connection with such chargebacks, to the extent permitted by law. Cultures for Health will report as income all payments received from you to Cultures for Health to all proper taxing authorities. 

Cultures For Health accepts credit cards through common gateways, such as ShopPay, PayPal, Amazon Pay, Google Pay, and Venmo. All payment providers are subject to their own terms and conditions, and you are directed to review a payment provider’s terms prior to making payment to Cultures For Health.

Automatic Billing and Cancellation; Trial Offers 

Some of Cultures for Health’s products are provided on a subscription basis. Your subscription will automatically renew at the then-current rate for the subscribed service, until you notify us of your decision to terminate your subscription. Most subscriptions will renew for one-month terms, regardless of the offer under which that subscription started. Unless otherwise disclosed at the time you enroll, your subscription will be billed on a monthly basis at the start of each renewal term.

By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the card that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card(s) you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.

Cultures For Health reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses you from any obligation to pay outstanding charges or expenses.

You may cancel your subscription(s) at any time at least 72 hours prior to the renewal term. To cancel your membership, please send an email toinfo@culturesForHealth.com.

Some of Cultures For Health’s products are offered on a 14-day trial basis. You understand and agree that you can cancel this trial at any time within the first 14 days and you will not be charged. You also understand and agree that if you decide not to cancel the trial within the first 14 days, that you will automatically be enrolled for the subscription of that product and will be billed the cost of the subscription until you cancel.

Shipping and Returns Policy

All orders are subject to review, verification, and approval by Cultures For Health. Cultures For Health reserves the right to refuse or cancel any order with or without notice in its sole and absolute discretion. All returns and refunds shall be administered consistent with Cultures For Health’sReturns & Replacements Policy, which are expressly incorporated into these Terms. Cultures For Health’s Returns & Replacements Policy may be amended, replaced, or discontinued by Cultures For Health from time to time in its sole and absolute discretion. 

Mobile Messaging Service Terms and Conditions

In addition, you agree to our Mobile Terms of Service and Conditions

Third Party Websites

You acknowledge and agree that the Website may contain links to third party websites or content that Cultures For Health does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Cultures For Health will not be responsible for websites not under the ownership or control of Cultures For Health.

Term and Termination 

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Cultures For Health terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Cultures For Health reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If this Website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

Cultures For Health, LLC

540 S Main St.
Suite 122

Akron, OH 44311

info@CulturesForHealth.com 

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Health Related Information

The content of this Site, including but not limited to text, graphics, images, information obtained from third parties, software, and other material contained on the Site (the “Content”) are for informational purposes only. The Content provided on the Site and linked third party sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

You should always consult with your healthcare provider, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your healthcare provider regarding any interactions between any medication you are currently taking and nutritional supplements.

Any 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.

Disclaimer of Warranties and Limitation of Liability 

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THATCULTURES FOR HEALTH WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THATCULTURES FOR HEALTH’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

CULTURES FOR HEALTH WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THATCULTURES FOR HEALTH WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THATCULTURES FOR HEALTH’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless Cultures For Health, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use or misuse of the Website, (ii) your use or misuse of products purchased from the Website; (iii) any claims, demands, injuries, judgments, charges, or fees arising out of your User Generated Content; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Cultures For Health will not provide you with the ability to control Cultures For Health’s defense, and Cultures For Health reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof (each, a “Dispute”), will first be submitted to mediation and, if mediation is not successful, be settled by binding individual arbitration, except that: (i) either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court; and (ii) either party may seek relief for actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights as set forth below.

You must first send a written notice detailing the nature and basis of your claim (“Notice of Dispute”) to Cultures for Health at its registered address listed below. The parties will then make a good-faith effort to resolve the Dispute informally for a period of thirty (30) days from receipt of the Notice of Dispute (the “Informal Resolution Period”). Any applicable statute of limitations will be tolled during the Informal Resolution Period and during any timely-initiated mediation described below.

Arbitration Opt-Out. You may opt out of the arbitration and class action waiver provisions in this section by sending written notice of your decision to opt out to Cultures for Health at info@culturesforhealth.com (or by mail to the address below) within thirty (30) days of the date you first accept or become subject to this Agreement (the “Opt-Out Deadline”). Your opt-out notice must include your name, the email address and/or phone number associated with your account or order, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Cultures for Health will be required to arbitrate Disputes covered by this section, but all other terms of this Agreement will continue to apply.

Cultures for Health

540 S Main St.

Suite 122

Akron, OH 44311

info@culturesforhealth.com 

If no resolution is reached within the Informal Resolution Period, any unresolved Dispute will be mediated by both parties prior to either party pursuing arbitration (the “Mediation”). The Mediation will be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures and by a professional neutral with substantial experience in mediating and resolving commercial disputes (the “Neutral”), selected in accordance with the New Era Platform’s procedures. Unless the parties agree otherwise, the Mediation will be initiated within sixty (60) days after the Informal Resolution Period ends. If a party refuses to participate in Mediation after a proper request, or fails to attend a scheduled Mediation session, the other party may proceed to arbitration, and any applicable statute of limitations will no longer be tolled as of the date of such refusal or failure to attend.

If the Dispute is not resolved through Mediation, the Dispute will be finally resolved by binding individual arbitration through the New Era Platform in accordance with its rules and procedures for Virtual Expedited Arbitrations, and judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will be responsible for its own attorneys’ fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law. The parties will bear the filing, administrative, and Neutral/arbitrator fees as required by the New Era Platform’s rules, except where applicable law or the New Era Platform’s consumer rules require Cultures for Health to pay some or all of such fees. The arbitrator may allocate fees and costs between the parties as permitted by applicable law and the New Era Platform’s rules. The arbitrator will apply the laws of the State of Ohio and applicable federal law in deciding any Dispute pursuant to this section.

If there is a dispute about whether this arbitration clause can be enforced or applies to a Dispute, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, Disputes related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to mediation or arbitration under this section, and such claims will be interpreted under Ohio law and will be heard exclusively in the state and federal courts located in or with jurisdiction over Akron, Ohio.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND CULTURES FOR HEALTH EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS. YOU AND CULTURES FOR HEALTH HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY OR A JUDGE. YOU AND CULTURES FOR HEALTH ARE INSTEAD ELECTING TO HAVE ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS SPECIFIED OTHERWISE IN THIS AGREEMENT.

Force Majeure

Cultures For Health will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Cultures For Health’s control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions will remain in full force and effect. Any invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable (or, if modification is not permitted, severed), while preserving the parties’ intent to the maximum extent permitted by law.

Survivability

All provisions of this Agreement that by their nature should survive termination will survive termination of this Agreement, your User Account, or your access to the Website, including, without limitation, provisions concerning ownership and intellectual property, prohibited uses, disclaimers, limitations of liability, indemnification, dispute resolution (including arbitration and the class action waiver), and any other provisions intended to survive.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Cultures For Health reserves the right to assign its rights and duties under this Agreement, including in a sale of Cultures For Health, its assets, or the Website. 

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.