Terms of service

Morris Formulations, LLC, doing business as Dr Lewis Nutrition® (Dr Lewis Nutrition, we, us, or our), offers nutrition products and professional services (the Products and Services) that are provided for its customers to improve their quality of life and are accessible at drlewisnutrition.com (the Site) or any other associated websites. Please carefully read the following terms and conditions (Terms) and our Privacy Policy, which may be found at DrLewisNutrition.com/privacy and is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, Products and Services, and Collective Content (defined below), and constitute a binding legal agreement between you and Dr Lewis Nutrition.

Key Content-Related Terms

Content means text, graphics, images, music, software, audio, video, information, or other works of authorship.

DrLewisNutrition.com Content means Content that Dr Lewis Nutrition makes available through the Site or Products and Services, including any Content licensed from a third party, but excluding Member Content.

Member means a person who completes DrLewisNutrition.com’s account registration process, as described under the Account Registration section below.

Member Content means Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Site or Products and Services.

Collective Content means, collectively, DrLewisNutrition.com Content and Member Content.

Certain areas of the Site (and your access to or use of certain Products and Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If these Terms conflict with the terms and conditions posted for a specific area of the Site, Products and Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Products and Services, or Collective Content, as applicable.

You acknowledge and agree that by accessing or using the Site or Products and Services or by downloading or posting any Content from or on the Site or through the Products and Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered on or through the Site. If you do not agree to these Terms, then you have no right to access or use the Site, Products and Services, or Collective Content. If you accept or agree to these Terms on behalf of a company, university, or other legal entity, you represent and warrant that you have the authority to bind that company, university, or other legal entity to these Terms and, in such event, you and your will refer and apply to that company or other legal entity.

Modification

Dr Lewis Nutrition reserves the right at its sole discretion to modify the Site, Products and Services, and these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the Last Updated Date at the top of these Terms. By continuing to access or use the Site or Products and Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Products and Services.

Eligibility

The Site and Products and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Products and Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Products and Services you represent and warrant that you are 18 years of age or older.

Account Registration

To access certain features of the Site and Products and Services and to post any Member Content on the Site or through the Products and Services you must register to create an account (Account) and become a Member.

In the future, you may be able to register directly via the Site or by logging into your account with certain third-party social media or social networking sites (SNS) (including, but not limited to, Facebook) via the Site, as described herein. If applicable, then you can decide to register through an SNS, and we will extract the personal information you have provided to the SNS (such as your real name, email address, and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you. During the registration process, you will be required to provide certain information and you will establish a username and a password.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Dr Lewis Nutrition reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Dr Lewis Nutrition of any unauthorized use of your Account.

Privacy

See Dr Lewis Nutrition’s Privacy Policy at DrLewisNutrition.com/privacy for information and notices concerning Dr Lewis Nutrition’s collection and use of your personal information.

Payments

Dr Lewis Nutrition may offer you the ability to access certain features through purchase of a recurring subscription (Subscription).

When you purchase either a one-time Single Transaction or a Subscription or make any other paid feature-related purchase via the Products and Services (each, a Transaction), you expressly authorize us (or our third-party payment processor, e.g., PayPal) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and additional information to verify your identity before completing your Transaction (such information, Payment Information). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to store and continue billing you using your Payment Information and to provide your Payment Information to our third-party payment processors as needed to complete your Transactions. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Further, as part of our order processing procedures, we may screen orders for fraud or other undesirable activity. If we feel an order could be fraudulent, unauthorized, or illegal, we reserve the right to refuse to process that order. Your Subscription continues until cancelled by you or we terminate your access to or use of the Products and Services or the Subscription in accordance with these Terms.

If you elect to purchase an annual or monthly Subscription, you will be charged the annual or monthly Subscription fee (Subscription Fee) plus any applicable taxes, at the beginning of your Subscription and each year or month thereafter, respectively, at the then-current rate. If you elect to purchase an annual Subscription, we (or our third-party payment processor) will automatically charge you on the anniversary of the commencement of your Subscription using the Payment Information you have provided. If you elect to purchase a monthly Subscription, we (or our third-party payment processor) will automatically charge you each month, on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date.

By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Dr Lewis Nutrition.

Cancelling Subscriptions

You may cancel your Subscription at any time. Every subscription shipment is covered by the 90-day money-back guarantee described in our Refund Policy, starting from the day that shipment was delivered. To cancel, email us at support@drlewisnutrition.com and follow any instructions we provide to you in response to your cancellation request. Cancellation takes effect immediately, and no further shipments will be sent or billed to you. Cancelling your Subscription will not cancel your Account. See the Termination and Account Cancellation section below for information on canceling your Account.

Please be aware that any fee or subscription plan is exclusive of all taxes. If at any point any applicable sales use, VAT, GST, excise, withholding or similar taxes or levies, whether domestic or foreign, exist, the Member is liable for them.

In our sole discretion, if we believe that any Member of DrLewisNutrition.com is in breach of our Terms or acts outside of the letter or spirit of our Terms, we reserve the right to add limitations to your access to the Site up to and including terminating all access to the Site.

Ownership

The Site, Products and Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Products and Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of Dr Lewis Nutrition and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Products and Services, or Collective Content.

License Granted by Member

In our sole discretion, we may permit Members to post, upload, publish, submit, or transmit Member Content. By making any Member Content available through the Site or Products and Services, you hereby grant to Dr Lewis Nutrition a worldwide, revocable, non-exclusive, transferable license to exercise any and all rights under copyright, in any medium, and to authorize others to do the same, in connection with operating and providing the Products and Services and Content to you and to other Members, provided that the Member Content is not sold for a profit. Dr Lewis Nutrition does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Products and Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Products and Services or you have all rights, licenses, consents, and releases that are necessary to grant to Dr Lewis Nutrition the rights in such Member Content, as contemplated under these Terms; and (b) neither the Member Content nor your posting, uploading, publication, submission, or transmittal of the Member Content or Dr Lewis Nutrition’s use of the Member Content (or any portion thereof) on, through, or by means of the Site or Products and Services will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site or Products and Services (Feedback). You may submit Feedback by emailing us at support@drlewisnutrition.com or through the Contact Us section of the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, or create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, or transmit any Content that: (a) infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights, other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, knowingly false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;

Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);

Use, display, mirror, or frame the Site, or any individual element within the Site or Products and Services, DrLewisNutrition.com’s name, any DrLewisNutrition.com trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Dr Lewis Nutrition’s express written consent;

Access, tamper with, or use non-public areas of the Site, Dr Lewis Nutrition’s computer systems, or the technical delivery systems of Dr Lewis Nutrition’s providers;

Attempt to probe, scan, or test the vulnerability of any Dr Lewis Nutrition’s system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dr Lewis Nutrition or any of Dr Lewis Nutrition’s providers or any other third party (including another user) to protect the Site, Products and Services, or Collective Content;

Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

Sell, sponsor, or otherwise monetize any feature of the Products and Services, without Dr Lewis Nutrition’s consent;

Attempt to access or search the Site, Products and Services, or Collective Content or download Collective Content from the Site or Products and Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Dr Lewis Nutrition or other generally available third-party web browsers;

Use bots or other automated methods to access the Products and Services, add or download contacts or profile information;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Dr Lewis Nutrition trademark, logo, URL, or product name without Dr Lewis Nutrition’s express written consent;

Use the Site, Products and Services, or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Products and Services, or Collective Content to send altered, deceptive, or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Products and Services, or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Products and Services;

Collect or store any personally identifiable information from the Site or Products and Services from other users of the Site or Products and Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Dr Lewis Nutrition will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Dr Lewis Nutrition may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Dr Lewis Nutrition has no obligation to monitor your access to or use of the Site, Products and Services, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Products and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Dr Lewis Nutrition reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content, including, but not limited to, Collective Content that Dr Lewis Nutrition, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Products and Services.

Copyright Policy

Dr Lewis Nutrition respects copyright law and expects its users to do the same. It is Dr Lewis Nutrition’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Notification of Copyright Infringement

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Dr Lewis Nutrition will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Dr Lewis Nutrition’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Dr Lewis Nutrition’s Designated Copyright Agent. Upon receipt of the Notice as described below, Dr Lewis Nutrition will take whatever action in its sole discretion it deems appropriate including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement (Notice)

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Dr Lewis Nutrition’s Designated Copyright Agent:

Copyright Agent

c/o Dr Lewis Nutrition

email: support@drlewisnutrition.com

Links

The Site or Products and Services may contain links to third-party websites or resources. You acknowledge and agree that Dr Lewis Nutrition is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Dr Lewis Nutrition of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Termination and Account Cancellation

At its sole discretion, Dr Lewis Nutrition reserves the right to discontinue or terminate the Site and Products and Services and to terminate these Terms at any time and without prior notice. If you breach any of these Terms, Dr Lewis Nutrition will have the right to suspend or disable your Account. Dr Lewis Nutrition has the right at its sole discretion to amend or modify these Terms without prior notice to you. Dr Lewis Nutrition reserves the right to revoke your access to and use of the Site, Products and Services, and Collective Content at any time with or without cause. You may cancel your Account at any time by sending an email to support@drlewisnutrition.com.

Disclaimers

The Site, Products and Services, and Collective Content are provided as is without warranty of any kind, either express or implied. Without limiting the foregoing, Dr Lewis Nutrition explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Dr Lewis Nutrition makes no warranty that the Site, Products and Services, or Collective Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Dr Lewis Nutrition makes no warranty regarding the quality of any Products, Services, or Collective Content purchased or obtained through the Site or the accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Site or Products and Services.

No advice or information, whether oral or written, obtained from DrLewisNutrition.com or through the Site, Products and Services, or Collective Content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Site and Products and Services and with other persons with whom you communicate or interact as a result of your use of the Site or Products and Services. You understand that Dr Lewis Nutrition does not screen or inquire into the background of any users of the Site or Products and Services, nor does Dr Lewis Nutrition make any attempt to verify the statements of users of the Site or Products and Services. Dr Lewis Nutrition makes no representations or warranties as to the conduct of users of the Site or Products and Services or their compatibility with any current or future users of the Site or Products and Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site and Products and Services and with other persons with whom you communicate or interact as a result of your use of the Site or Products and Services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Dr Lewis Nutrition, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Products and Services, or Collective Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that to the maximum extent permitted by law the entire risk arising out of your access to and use of the Site, Products and Services, and Collective Content remains with you. Neither Dr Lewis Nutrition nor any other person or entity involved in creating, producing, or delivering the Site, Products and Services, or Collective Content will be liable for any incidental, special, exemplary, or consequential damages, or lost profits, loss of data, or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the Site, Products and Services, or Collective Content, or from any communications, interactions, or meetings with other users of the Site or Products and Services or other persons with whom you communicate or interact as a result of your use of the Site or Products and Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, whether or not Dr Lewis Nutrition has been informed of the possibility of such damage, and whether or not foreseeable, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Dr Lewis Nutrition’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the Site, Products and Services, or Collective Content exceed the greater of fifty dollars ($50) and subscription fees paid by you during the 12 month period before the act giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Dr Lewis Nutrition and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Dr Lewis Nutrition used herein are trademarks or registered trademarks of Dr Lewis Nutrition. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law

These Terms and any action related thereto will be governed by the laws of the State of Florida with venue for all purposes being in Miami (Miami-Dade County), Florida without regard to its conflict of laws’ provisions.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Dr Lewis Nutrition and you regarding the Site, Products and Services, and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dr Lewis Nutrition and you regarding the Site, Products and Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Dr Lewis Nutrition’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dr Lewis Nutrition may assign or transfer these Terms at its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Dr Lewis Nutrition (a) via email (in each case to the address that you provide) or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Arbitration Notice. Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified below, and except for certain types of disputes described below, you agree that disputes between you and Dr Lewis Nutrition will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Dispute Resolution

You and Dr Lewis Nutrition agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Products and Services (collectively, Disputes) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (b), an IP Protection Action). (The actions described in clauses (a) and (b) are the Litigable Actions.). Without limiting the preceding sentence, you will also have the right to litigate any Dispute other than a Litigable Action, if you provide Dr Lewis Nutrition with written notice of your desire to do so by email within thirty (30) days following the date you first agree to these Terms (such notice, an Arbitration Opt-out Notice). If you do not provide Dr Lewis Nutrition with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except for Litigable Actions. The exclusive jurisdiction and venue of any Intellectual Property Protection Action, or if you timely provide Dr Lewis Nutrition with an Arbitration Opt-out Notice, any Dispute other than an individual action brought in small claims court will be the state and federal courts located in Miami-Dade County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the arbitrator with an Arbitration Opt-out Notice, you acknowledge and agree that you and Dr Lewis Nutrition are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Dr Lewis Nutrition otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the AAA Rules) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Dr Lewis Nutrition otherwise agree, the arbitration will be conducted in Miami-Dade County, Florida. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the Limitation of Liability section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will not be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Dr Lewis Nutrition will seek to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay all such fees.

Changes. Notwithstanding the provisions of the Modification section above, if Dr Lewis Nutrition changes this Dispute Resolution section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@drlewisnutrition.com) within 30 days of the date such change became effective, as indicated in the Last Updated Date above or in the date of Dr Lewis Nutrition’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dr Lewis Nutrition in accordance with the provisions of this Dispute Resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Dr Lewis Nutrition to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dr Lewis Nutrition. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Dr Lewis Nutrition

If you have any questions about these Terms, please contact Dr Lewis Nutrition at support@drlewisnutrition.com.