Last Updated 10/06/2024
By purchasing any products or services from Ubiquitous Panacea, Inc., a Texas corporation (the “Company”) or any division thereof, by using any of the Company’s products or services, or by accessing any areas of the following websites: www.taplimitless.com, training.taplimitless.com (collectively, the “Websites”), you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms and Conditions”). Certain features of the Websites may be subject to additional guidelines, terms, or rules, which will be posted on the Websites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms and Conditions.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITES. BY ACCESSING OR USING THE WEBSITES, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS AND CONDITIONS IF YOU ARE NOT AT LEAST 13 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION (SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The Websites are owned and operated by the Company. Any references herein to Ubiquitous Panacea, Inc., the “Company,” “we,” “our,” or “us” shall be deemed to refer to the Websites and/or Ubiquitous Panacea, Inc., as applicable under the circumstances.
Note to Social Media Users. When purchasing products and services from the Websites, our Facebook page, or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms and Conditions, User’s Agreement, or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms and Conditions. Please see the following pages for further details:
Facebook’s Statement of Rights and Responsibilities
LinkedIn’s User’s Agreement
Twitter’s Terms and Conditions
Google’s Terms and Conditions
All references in these Terms and Conditions to “Ubiquitous Panacea, Inc.” and/or “the Websites” shall be deemed to include both the Websites and any and all social media pages maintained from time to time by the Company or its affiliates.
1. OUR SERVICES; TERMS OF SALE
Our Services. The Company offers training programs and coaching sessions (“Services”) and related products (“Products”), through the Websites [and through social media pages maintained by Ubiquitous Panacea, Inc. on Facebook, LinkedIn, and elsewhere].
Payment. All amounts due for one-time purchases of Products or Services are payable in full at the time of purchase. Recurring charges for ongoing Services shall be due and payable as set forth in a separate written agreement entered into between you and the Company.
Your Account. When you make a purchase from the Websites, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order.
Pricing and Availability. All prices for Products and Services (and the associated costs of shipping and tax) are shown in U.S. dollars. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. Company is not responsible for such fees and will not reimburse you for any such fees incurred. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue services without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment Terms. Company currently accepts [Visa, MasterCard, Discover, and American Express, credit and debit cards, and PayPal]. By submitting your order, you represent and warrant that you are authorized to use the designated account linked to that payment method and authorize us to charge your order (including taxes, shipping, and handling) to that payment method. If the designated account cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Recurring Installments. If you purchase any Products or Services with recurring installment payments, you authorize the Company to make regularly scheduled charges in the amount, at the times, and to the designated account linked to the payment method authorized by you. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from the Company at least fifteen (15) days prior to the payment being collected. Your authorization for recurring payments will remain in effect until you cancel it in writing, and you agree to notify the Company in writing of any changes in your authorized payment information or termination of this authorization at least fifteen (15) days prior to the next billing date. If the payment dates fall on a weekend or holiday, the payments may be executed on the next business day. In the case of a recurring payment being rejected for Non-Sufficient Funds (NSF), the Company may at its discretion attempt to process the charge again within thirty (30) days. You agree not to dispute scheduled transactions with your bank so long as the transactions correspond to the terms indicated in these Terms and Conditions.
Chargeback Policy. All references to a “chargeback” refer to a reversal of a credit or debit card or other account charge placed on the Websites. In the event you pay for Company Products or Services by credit or debit card or other account and subsequently “charge back” your purchase through your merchant account provider, Company reserves the right to terminate these Terms and Conditions, any other agreement between you and the Company, and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit or debit card or other account was used fraudulently, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD OR OTHER ACCOUNT ON THE WEBSITES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD OR OTHER ACCOUNT FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THE WEBSITES MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION TO ANY AMOUNT CHARGED US BY THE CREDIT OR DEBIT CARD COMPANY OR OTHER ACCOUNT COMPANY FOR SUCH CHARGEBACK, BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT OR DEBIT CARD OR OTHER ACCOUNT OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
Returns and Exchanges Policy. When you shop with us, we want you to be completely satisfied. If for any reason you are not satisfied with your one-time purchase of a training program and notify the Company within thirty (30) days of your order, the Company may in its sole discretion provide a full refund of the purchase price. If for any reason you are not satisfied with your purchase of ongoing coaching sessions for which you have paid in full, and you notify the Company prior to your second coaching session, the Company may in its sole discretion provide a full refund of the purchase price. No refunds shall be made for ongoing Services paid for in recurring installments.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all service descriptions, photographs, pricing, or other information on the Websites is accurate, complete, current, or error-free. In the event of an error, whether on the Websites, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
2. TRADEMARKS AND SERVICE MARKS
“Ubiquitous Panacea, Inc.” is a trademark of Company and/or its affiliates. All rights are reserved. These and other Company graphics, logos, service marks, and trademarks of Company and its affiliates may not be used without the prior written consent of Company, or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Websites or in any materials relating to our Products or Services are the property of their respective owners.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Company’s Products or Services is at your sole risk. Neither Company nor its affiliates, nor any of their members, managers, owners, officers, directors, employees, agents, third-party content providers, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors, or affiliates, including, without limitation, all parties involved in creating, producing, and/or delivering the Websites and/or services and/or contents available on the Websites, and/or payments made through the Websites (collectively “Providers”), or the like, warrant that the Websites will be uninterrupted or error free, nor do they make any warranty as to any of Company’s Products or Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Websites.
The Company does not claim any products presented or marketed on the Websites or in the Company’s Products or Services, or any other information the Company shares treat, cure or alleviate the symptoms of any specific illness or disease. The federal Food and Drug Administration (“FDA”) does not require any of these products to be proven safe to their satisfaction before they are marketed or sold and the Company has not gotten any such approval from the FDA or any other governmental agency to market or sell any of the products.
The Company does not employ physicians or licensed health care providers. The information provided on the Websites is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information provided to you herein for diagnosis or treatment of any health problem or as a substitute for medication or other treatment prescribed by your physician or health care provider. You should consult with a physician or healthcare professional before starting or discontinuing any diet, exercise or supplementation program, before taking or discontinuing any medication or nutritional supplement, or if you have or suspect you might have a health problem.
The Company is not liable for any statements, claims or directions of use that various manufacturers make about the products marketed or sold on our Websites. We cannot be held responsible for side effects or health damages which may occur from the use of such products or from actions or omissions from consumers after reviewing our the Websites. Consumers are cautioned to check with the manufacturer, legal counsel and/or health care professional(s) before making any purchases, continuing or discontinuing any treatments, or ingesting any of the products showcased on our Websites or Services.
Disclaimer of Warranties. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THE WEBSITES. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY’S PRODUCTS OR SERVICES AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THE WEBSITES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS PROVIDERS.
Limitation of Liability and Indemnification. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THE WEBSITES OR FOR ANY CONTENT, MATERIALS, PRODUCTS, SERVICES, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITES OR FOR ANY CONTENT, MATERIALS, PRODUCTS, SERVICES, OR OTHER INFORMATION OBTAINED FROM OR THROUGH THE COMPANY AND (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
INTERNET DELAYS. USE OF THE WEBSITES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for non-delivery or delay in delivery of Products or Services available through the Websites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Links to Third Party Sites. The Websites may contain links to third party sites. These links are provided for convenience purposes and are not under the control of Company. If you choose to link to such third party websites, Company makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming, and conduct of transactions over such sites. Company does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Company disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third party websites, the use of your information by such third parties, and the security of information you provide to such third parties.
International Use. Although the Websites may be accessible worldwide, those who choose to access the Websites from other locations do so on their own initiative and at their own risk. If you choose to access the Websites from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Websites is void where prohibited.
4. CONTENT AND COPYRIGHT OWNERSHIP
Copyright and Limited License. Unless otherwise indicated, the Websites and all content and other materials therein, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Websites and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and Conditions and does not include: (a) any resale or commercial use of the Websites or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Websites and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Websites, the Site Materials, or any information contained therein, except as expressly permitted on the Websites; or (g) any use of the Websites or the Site Materials other than for its intended purpose. Any use of the Websites or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Digital Millennium Copyright Act (“DMCA”) Notice. If you believe any material available via the Websites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Ubiquitous Panacea, Inc.
Attn: Customer Care
125 Revolution Road
Liberty Hill, TX 78642
geraldo@taplimitless.com
Third Party Site Materials. Company may provide third party content on the Websites and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services. Company may display advertisements and promotions from third parties on the Websites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Websites.
5. SUBMISSION OF IDEAS
Any questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Company, the Websites, the Products and our Services (collectively, “Ideas”) that you submit, whether posted to the Websites or provided to Company by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
6. LINKS
You are granted a limited, non-exclusive right to create text hyperlinks to the Websites for noncommercial purposes, provided such links do not portray Company in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Company’s logo or other proprietary graphics to link to the Websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found at the Websites, the content of any text or the layout/design of any page or form contained on a page on the Websites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of embedded content, third-party websites accessible via hyperlink, or websites linking to the Websites. Such sites are not under the control of Company and Company is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. Company and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by Company of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Websites.
7. CONFIDENTIALITY
In the course of providing Services, Products and information via the Websites, Company will deliver to you content, materials, and other information that is confidential, proprietary to Company, or which constitutes a “trade secret” of Company (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Company, that you will not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and that you will not use Confidential Information to compete with Company or in any other way detrimental to Company. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Company’s Products and Services, information (whether in written or electronic form) delivered to you in the course of selling Products or Services or rendering Products or Services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of these Terms and Conditions. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Company and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
8. PRIVACY POLICY
In accordance with the terms of Company’s Privacy Policy, Company respects the privacy of its users. View Privacy Policy below.
9. TERMINATION
Notwithstanding any of these Terms and Conditions, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Websites and to block or prevent your future access to, and use of, the Websites.
10. USAGE BY CHILDREN AND MINORS
Company cannot prohibit minors from visiting the Websites. Company must rely on parents, guardians, and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
Company requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through a Company authorized affiliated program that permits parents and other guardians to both pay for the purchases of minors and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE PRODUCTS OR SERVICES FROM COMPANY, YOU ARE REPRESENTING TO COMPANY THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A COMPANY AUTHORIZED AFFILIATED PROGRAM THAT PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
11. APPLICABLE LAW
These Terms and Conditions and the Websites are created and controlled by Company, a limited liability company organized in the State of Texas. As such, the laws of the State of Texas will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts the State of Texas, for any litigation arising out of or relating to use of or purchase made through Company (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of Williamson County, Texas, and agree not to plead or claim in any court of Williamson County, Texas, that such litigation brought therein has been brought in an inconvenient forum.
12. MODIFICATION OF TERMS
We reserve the right to change these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by posting the revised Terms and Conditions on this page. You acknowledge and agree that it is your responsibility to review this Site and this Terms and Conditions regularly and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
13. DISPUTE RESOLUTION
Please read this dispute resolution section (this “Arbitration Agreement”) carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: United States Corporation Agents, Inc., 9900 Spectrum Drive, Austin TX 78717. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of the primary office of the Company, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas, for such purpose.
14. ELECTRONIC COMMUNICATIONS
The communications between you and Company use electronic means, whether you use the Websites or send us emails, or whether Company posts notices on the Websites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
15. GENERAL
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms and Conditions. The failure of Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
These Terms and Conditions, together with any applicable policies, comprise the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
16. CONTACTING US
If you have any questions about these Terms and Conditions or your dealings with the Websites, please feel free to email us at: geraldo@taplimitless.com
Geraldo Alvarez
Founder of Ubiquitous Panacea, Inc.
Last Updated 10/06/2024
This Privacy Policy discloses the privacy practices for the https://www.ubiquitouspanacea.com website and various related services (together referred to as the “Website”). Ubiquitous Panacea, Inc., a Texas corporation, the provider of the Website (referred to as the “Company,” “us,” “our” or “we”), is committed to protecting your privacy online. We strive to use information we collect to provide the best possible service while respecting the confidentiality of information we are entrusted with. This Privacy Policy outlines the types of information we may receive or collect when you use our services, as well as some of the methods we use to safeguard your personal information. Please read the information below to learn more regarding your use of this Website.
You acknowledge that this Privacy Policy is part of our Website’s Terms and Conditions, and by accessing or using our Website, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this Website.
We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by updating any privacy information on this page. Your continued use of the Website or services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) your agreement to abide and be bound by that Privacy Policy.
BY USING THE WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE.
Types of Information Collected
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Nonpersonally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth and efficient experience while using our Website and purchasing our products and services.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. Examples of Personally Identifiable Information may include, but are not limited to, your first and last name, delivery address (including zip code), email address, telephone number and credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. You agree that we may collect any Personally Identifiable Information voluntarily supplied by you, whether or not we have requested it. You must not submit any Personally Identifiable Information relating to a third party without their consent. We do not knowingly collect any information relating to third parties which you do not have permission to provide.
Non-personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We may gather certain information about you based upon where you visit on our Website in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you are [ordering a product or service, verifying your credit card, arranging for a delivery, returning a purchase, filling out a survey, sending us feedback, or otherwise sending us an email]. We may also collect information from you at other points on our Website that state that such information is being collected. By providing us such information, you consent to our collecting it and using for the specific reasons set forth in this Privacy Policy.
We will primarily use your Personally Identifiable Information to provide information, products and services to you. We may also use Personally Identifiable Information to enhance the operation of our Website, fill orders, improve our marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices and if you request that we do so. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms and Conditions, and this Private Policy.
In addition, we may also collect, or our Service Partners may collect, certain Nonpersonally Identifiable Information. We use your Nonpersonally Identifiable Information to analyze usage patterns on our Website, diagnose problems with our servers and software, to administer our Website and to gather demographic information.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser. [OR]
We do not currently respond to “do not track” signals from web browsers. [OR]
If your web browser emits “do not track” signals, or you use other mechanisms that provide you the opportunity to prevent the collection of information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you.
Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use your Personally Identifiable Information to operate our Website and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased from us; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We therefore will not distribute your Personally Identifiable Information to outside parties without your consent except as permitted by this Privacy Policy or by law.
Our Service Providers may also use Nonpersonally Identifiable Information about our customers’ sales, traffic patterns, and related site information to as well to operate our sites and to deliver their services.
We will choose Service Partners who adopt and post privacy policies. However, the use of your Personally Identifiable Information and Nonpersonally Identifiable Information by our Service Partners is governed by the privacy policies of those Service Partners, and is not subject to our control. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Any other sites accessible through our Website, including those of our Service Partners, have their own privacy policies and data collection, use, and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Other than our Service Partners, we do not allow third parties to collect Personally Identifiable Information and Nonpersonally Identifiable Information about you or your online activities when you use our Website.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may access and correct your Personally Identifiable Information and privacy preferences in your account online at any time by accessing the Website by emailing us at: geraldo@taplimitless.com.
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, some information may not be deleted.
User Choices on Collection and Use of Information
We may, from time to time, send you emails regarding information or services that we feel may interest you. Only we (or agents working on behalf of us and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondences from us, simply tell us when you give us your personal information or you can “opt-out” at any time by clicking on the “Unsubscribe” link in each correspondence.
You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.
Security of Information
At our Website you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
Cookies
When you use our Website we may store cookies on your computer in order to facilitate and customize your use of our Website. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Website. The cookies make your use of the Website easier, make the Website run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our Website may not work properly in that case.
Age Restrictions
You must be at least 13 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 13 years of age.
Contacting Us
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us by emailing us at geraldo@taplimitless.com.
Geraldo Alvarez
Founder of Ubiquitous Panacea, Inc.