Terms and Conditions
This agreement (hereinafter, the “Agreement”) between Jonathan Roche Fitness Ventures LLC dba Breakthrough Health & Wellness Solutions, Inc. (hereinafter “BHW”, “us,” or “we”) and you (“you”, “user,” or “subscriber”) sets forth the terms and conditions which govern your use of www.breakthroughhf.com or www.energyup.co or any other BHW or BHW sponsored websites (hereinafter, the “Sites”) and the services (hereinafter “Services”) and products (hereinafter “Products”) thereon which are provided by BHW.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES, PRODUCTS, OR SERVICES. BY ACCESSING OR USING THE SITES OR SERVICES, OR PURCHASING ANY OF THE PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES OR PURCHASE ANY OF THE PRODUCTS AND SHOULD IMMEDIATELY CEASE SUCH USE. BHW MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
IF BHW BECOMES AWARE THAT YOU HAVE VIOLATED ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, BHW MAY IMMEDIATELY TAKE CORRECTIVE ACTION, INCLUDING PREVENTING THE USER FROM USING THE SERVICES OFFERED BY BHW AND TAKE DOWN ANY INFORMATION, DATA, AND CONTENT PUT ON THE SITES BY THE USER AT ANY MOMENT AND WITHOUT NOTICE. BHW DOES NOT ACCEPT ANY LIABILITY DERIVED FROM THIS ACTION.
1. Limited License; Use of Services.
BHW grants to you a limited personal, non-exclusive, and non-transferable right and license to access the Sites and use the Services thereon and Products available thereunder. Unless otherwise specified in writing, the Sites, Services, and Products are for your personal and non-commercial use. BHW’s Services may contain, without limitation, interactive fitness training, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Sites, Services, and Products, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the Sites or the Services;
b. access the Sites or Services by any means other than through the standard industry-accepted or BHW-provided interfaces;
c. transmit any message, information, data, text, software, or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without limitation, a BHW official, forum leader, chat room monitor, guide, or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
g. use any communications features of any Site or Service in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or any information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national, or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Sites or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any BHW Product or Service if you are not expressly authorized by such party to do so; or
n. use the Sites, Services, or Products for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair BHW’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems, or networks connected to BHW through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Commercial Transactions.
Certain Products and Services may be offered for sale on the Sites. In the event you wish to purchase any of these Products or to subscribe for any of these Services, you will be asked by BHW or an authorized third party to supply certain information, including, without limitation, your full name, address, telephone number, and credit card information. You agree to provide BHW or such third party with the foregoing information as well as any other mandatory information that is accurate, complete, and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of a Product or subscription for a Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by BHW are subscription-based services. If you open a subscription-based account with any of BHW’s Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. BHW reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges, or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Your right to use any Service or to purchase any Product is conditional on our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account.
5. Message Boards and Chat Rooms.
BHW may host message boards, chat rooms, and other public forums on its Sites. Materials posted or uploaded to the various public forums may be subject to size and usage limitations, rules, and regulations in addition to the limitations set forth in Section 2, and you are responsible for adhering to all such limitations, rules, and regulations. Any user failing to comply with such limitations, rules, regulations, and the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chat rooms, or other public forums in the future. In particular, a user who repeatedly posts or uploads material that infringes on the copyright or other intellectual property rights of another person may be refused continued access to the message boards, chat rooms, or other public forums, or, in an appropriate case, to the Sites. BHW or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chat rooms, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by BHW staff, BHW’s outside contributors, or by users not connected with BHW, some of whom may employ anonymous user names. BHW expressly disclaims all responsibility for or endorsement of, and makes no representation as to the validity of, any opinion, advice, information, or statement made or displayed in these forums by third parties. Nor are we responsible for any errors or omissions in any postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on any information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of BHW or any of its subsidiaries or affiliates.
6. Monitoring
BHW has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors. However, our rights under this paragraph shall not in any way limit or modify the disclaimers and limitations of liability stated in Section 5, above, and elsewhere in this Agreement.
7. Third Party Content
Some of the content contained on any of the Sites or Services may be supplied by third parties and users. As to such third parties and users, BHW is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not BHW. Neither BHW nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, BHW neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized BHW representative while acting in an official capacity.
8. Accounts, Passwords, and Security.
If any of the Sites or Services requires you to open an account, you must complete the registration process. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify BHW immediately of any unauthorized use of your account or any other breach of security. BHW will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by BHW or another party due to someone else using your account or password.
9. Disclaimer Regarding Links and Dealings with Third Parties.
The links on any of the Sites or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). BHW provides these links as a convenience, but we neither control nor endorse these Linked Sites, and we have not reviewed or approved the content which appears on the Linked Sites. BHW is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any Linked Sites. You acknowledge and agree that BHW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the Linked Sites. Further, BHW has not reviewed any or all of the third-party websites which contain links to the Sites and is not responsible for the content of any such off-site pages or any other sites linked to the Sites.
Your participation, correspondence, or business dealings with any third party found on or through our Sites and Services regarding payment and delivery of specific goods and services and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that BHW shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Proprietary Rights.
You acknowledge and agree that the content of the Sites and Services is protected by applicable United States and international copyright, intellectual property, and other laws, and that such content is the sole and exclusive property of BHW or its licensors.
You may freely browse the Sites, but you may only download content from the Site, including but not limited to any text, images, audio, and video for non-commercial personal use if the relevant Service does not mention any other restriction. You may not, however, distribute, modify, transmit, reuse, repost, or use the content for public or commercial purposes without the prior written permission of BHW. You should assume that everything you see or read on the Sites or Services is copyrighted and that All Rights Are Reserved unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written permission of BHW. BHW neither warrants nor represents that your use of content displayed on the Sites will not infringe on the rights of third parties not owned by or affiliated with BHW.
With the exception of the foregoing limited authorization, no license to or right in the content or any copyright of BHW or of any other party is granted or conferred to you. The Sites, Services, and Products may also contain or reference trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of BHW or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of BHW or other parties is granted to or conferred upon you.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submission Materials. The foregoing license to BHW shall be fully paid-up and royalty free. In addition, under no circumstances shall BHW have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of BHW’s business through a merger, sale, or transfer of all or substantially all of the assets of BHW, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via message boards, chat rooms, or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on BHW’s part, and we shall not be liable for any use or disclosure of any such Submission Materials.
11. Privacy.
BHW’s policy with respect to the collection and use of your personally identifiable information is set forth in BHW’s Privacy Policy.
12. Disclaimer of Warranties and Limitation of Liability.
THE SITES , SERVICES, AND PRODUCTS, AND ANY CONTENT, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BHW AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) THAT ANY INFORMATION CONTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; or (iv) THAT ANY SOFTWARE, SERVICES, SITES, OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES OR PRODUCTS AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT. THE SITES (AND ALL COMMUNICATIONS RECEIVED FROM BHW) PROVIDE BHW OPINION ONLY, IN REGARD TO THE SUBJECT MATTER THEREOF, AND YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OR REPRESENTATIONS HAVE BEEN MADE TO YOU REGARDING THE RESULTS YOU WILL ACHIEVE FROM USE OF THE SITES, SERVICES, OR PRODUCTS. YOU UNDERSTAND THAT RESULTS VARY FROM ONE INDIVIDUAL TO ANOTHER.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ARE STATING THAT YOU FULLY UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR THE WAY THAT THE SITES, SERVICES, AND INFORMATION THEREIN AND ALL FORMS OF COMMUNICATION RECEIVED FROM BHW IS PERCEIVED AND UTILIZED AND DO SO AT YOUR OWN RISK. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ARE ACKNOWLEDGING THAT THE SERVICES AND USE OF CERTAIN OF THE PRODUCTS ARE POTENTIALLY HAZARDOUS ACTIVITIES AND MAY CAUSE INJURY AND EVEN DEATH.
NEITHER BHW NOR ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, SPONSORS CO-BRANDERS OR OTHER PARTNERS AND REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS , INJURY, OR DEATH OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES OR IN THE SERVICES OR PRODUCTS; (iii) STATEMENTS OR CONTENT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES OR IN THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR IN THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR IN THE SERVICES; or (vii) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICES OR PRODUCTS. IN NO EVENT SHALL BHW’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING ANY OF THE PRODUCTS OR SERVICES FOR USING ANY OF THE SERVICES OR THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Professional Advice Disclaimer.
As with all programs, techniques, and materials related to health, exercise, and fitness, you are strongly urged to consult a physician or other appropriate health-care professional before using any of the content, information, Products, or Services made available by or through BHW’s Sites. THE SITES, PRODUCTS, AND SERVICES DO NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH THE SITES OR ANY PRODUCTS OR SERVICES ARE INTENDED TO BE THE PRACTICE OF, OR A SUBSTITUTION FOR OR ADDITION TO THE PRACTICE OF, MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. THE CONTENT AND INFORMATION IN OR AVAILABLE THROUGH THE SITES AND SERVICES HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER AGENCY OR AUTHORITY.
PLEASE SEEK THE PRIOR ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC PRODUCT, INFORMATION, PROGRAM, OPINION, ADVICE, OR CONTENT MADE IN OR AVAILABLE THROUGH THE SITES AND SERVICES.
14. Indemnification.
You agree to indemnify, defend, and hold BHW and its managers, members, directors, officers, employees, contractors, affiliates, agents, sponsors, co-branders, or other partners and representatives harmless from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to BHW or post on any forums (e.g., message boards or chat rooms) infringe or otherwise violate the copyright, trade secret, trademark, or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services. This Section 14 shall survive in the event this Agreement is terminated for any reason.
15. Jurisdictional Issues.
BHW makes no representation or warranty that the Products or the content and materials on the Sites or in the Services are appropriate or available for use in locations outside the United States. Those who choose to purchase Products or to access the Sites or use the Services from locations outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. BHW reserves the right, at any time in our sole discretion, to limit the availability of the Products and accessibility of the Sites and Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or Products that we provide.
16. Termination.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that BHW, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 16 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
17. General Information.
This Agreement constitutes the entire agreement and understanding between you and BHW and governs your purchase of any of the Products and use of the Sites and the Services, superseding any prior agreements between you and BHW. This Agreement and the relationship between you and BHW shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You and BHW irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the counties of Denver, Broomfield, or Boulder, in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of BHW to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable, or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by BHW of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
18. User Representations.
You represent and warrant that you are at least 18 (eighteen) years of age and that you possess the legal right and ability to enter into this Agreement and to use the Sites in accordance with these Terms and Conditions .
19. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by BHW infringe your copyright, you, or your agent may send to BHW a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BHW actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to BHW a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
BHW’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Designated Agent: David Perlick
Address of Agent: 885 Arapahoe Avenue, Boulder, CO 80302
Telephone: 303.449.6543
Fax: (303) 447-1392
E-mail for notice: david at perlicklegalcounsel dot com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
20. Legal Notice.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints to BHW may be directed to Breakthrough Health & Wellness Solutions, Inc., 12303 Airport Way, Suite 200
Broomfield, CO 80021 Telephone: (303) 327-1570; Fax: 303.327.1499; email: info@breakthroughhw.com with a copy to David Perlick, 885 Arapahoe Avenue, Boulder, CO 80302, Telephone: 303.449.6543; Fax: (303) 447-1392; email: david at perlicklegalcounsel dot com