TERMS & CONDITIONS

Turnkey Media, LLC, and its affiliates and subsidiaries (collectively “Turnkey,” “our,” “us,” or “we”) owns and operates https://www.TheInsiderWellnessReport.com and its associated and related websites, social media sites, and mobile sites (the “Sites”). 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 12 AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

This Agreement governs your use of the Sites and the Services. It is vitally important that you read the Agreement carefully as your use of the Sites will constitute your agreement to be legally bound by the terms and conditions set out in the Agreement. The Agreement also governs your use of the services and goods provided through or in connection with the Sites, including but not limited to all information, videos, images, tools, commenting, linking, publishing capabilities, and all other goods or services available or made available to Users through the Sites (collectively, the "Service" or “Services”). Each time you use the Services, you acknowledge that you have read the Agreement and agree to be legally bound by it. If you do not agree to be bound by the Agreement, you may not use the Services.

1. THE NATURE OF THE SITES. The Sites act solely as an online marketplace for you to find, discover, contact, communicate, and/or transact with other users of the Sites, members of the Sites, or consumers or sellers named, listed on, linked to, or utilizing the Sites (collectively the "Users").
Turnkey is not responsible, and you agree that Turnkey will bear no liability, for any products, goods, services, information, or other materials displayed, purchased, or obtained by you from or through your use of the Sites or the Services. Turnkey does not endorse, warrant or guarantee the products or services of any User of the Sites or the Services.
Turnkey is not liable for any delays, inaccuracies, errors or omissions with respect to the information posted on the Sites or submitted to the Sites or the transmission or delivery of all or any part thereof, or for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information or the Services. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information.
Any information on the Sites is subject to change without notice.

2. LINKS. Turnkey, through the Sites, may provide links to external websites or resources for your convenience and reference only. Turnkey and the Sites do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, information, products, goods, services, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against Turnkey, the Sites, or their subsidiaries or affiliates, or any of their service providers arising out of your use of external websites or resources.

3. OWNERSHIP. All of the material included on the Sites, including but not limited to trademarks, copy, text, graphics, logos and service marks (collectively, the "Content"), is the property of Turnkey (and/or other parties who have granted Turnkey appropriate legal authority to use said Content). U.S. and international copyright laws protects all Content available on the Sites. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Sites for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.

4. ACCEPTABLE USE OF THE SITES. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service: (1) You certify to Turnkey that you are at least 18 years of age. (2) You assume full responsibility for the use of the Sites and the Services by any minors utilizing computers owned or operated by you or for any minor’s use of any password assigned to you by the Sites. (3) Membership registration is open only to residents of the 50 United States and the District of Columbia and you warrant that you are a US domicilliary. (4) Your use of the Service is subject to all applicable local, state, national and international laws and regulations; and your conduct is also subject to applicable laws, regulations, policies and procedures related to Internet use. (5) You are solely responsible for the content of your transmissions and the products you buy or sell through the Service. You acknowledge and agree that Turnkey does not endorse the actions, the contents of communications, or the products or services of any of the other users of the Site. (6) You must obtain and maintain, at your own expense, any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service; and you are responsible for ensuring that such equipment and ancillary services are compatible with the Service. (7) You must complete all transactions you agree to complete in connection with the Services. (8) You agree to forward all feedback you receive regarding the Service to the Sites when acting as a seller. In the event that you wish to provide feedback to the Sites related to your use of the Service as a consumer, please email us at info@theinsiderwellnessreport.com. We welcome consumer comments. By submitting any comments to the above email address, you give your consent to the reproduction or all or part of such comments on the Sites or in Turnkey marketing materials, provided that the Sites will not display your personally identifying data in conjunction with any use of such comments without your written permission. (9) You must abide by all of the-then current terms of Turnkey’s Privacy Policy (incorporated by reference) as set forth on the Sites and as updated from time to time by the Turnkey in its sole discretion.

5. PROHIBITED CONDUCT. You must not: (a) use the Services for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Sites, any account, or any communication or transaction being conducted on our Sites; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except Turnkey) any information you obtain about or from other users of the Service, or you obtain from the Sites if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known User.

6. PRIVACY POLICY AND OTHER PRIVACY RELATED MATTERS. Please review our Privacy Policy which is incorporated here by reference. By accepting the Agreement, and each time you use the Sites or any Service, you consent to Turnkey’s collection, use, and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice and without any liability to Turnkey or any other person. If any User chooses to receive data from Turnkey or the Sites as an XML feed or in any other format offered by Turnkey, such User shall develop, implement, publicly post, and at all times adhere to the terms of a privacy policy which shall, (i) be available, at a minimum, as a clear and conspicuous link from the main page of such User’s website and any web page where visitors provide personally identifiable information, (ii) protect the privacy of the User Data pertaining to the consumer submitting such User Data, and (iii) comply with all applicable laws, privacy laws, rules, regulations, statutes, ordinances and treaties.

7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE SERVICE IS AT YOUR OWN RISK. TURNKEY PROVIDES THE SITES AND THE SERVICE ON AN "AS IS" BASIS. TURNKEY AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TURNKEY AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SITES OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITES OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO TURNKEY OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, EXCEPT AS SET FORTH IN THE TURNKEY PRIVACY POLICY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. TURNKEY AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES OR THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS SELLING THROUGH THE SITES OR THE SERVICE OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR FROM TURNKEY OR ITS AFFILIATES, OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

WHILE TURNKEY TAKES COMMERCIALLY REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION AND REGISTRATION DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PRIVATE INFORMATION. 

IN NO EVENT SHALL TURNKEY BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER TURNKEY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

8. LIMITATION OF LIABILITY. TURNKEY AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES OR THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TURNKEY OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TURNKEY AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY TURNKEY OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER TURNKEY OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TURNKEY FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

9. INDEMNIFICATION. You agree to indemnify and hold Turnkey, its subsidiaries, affiliates, members, officers, agents, and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Service, the violation of this Agreement by you, or the infringement by you, or other Users of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. Turnkey and its Service providers assume no responsibility whatsoever for such content or actions.

10. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE TURNKEY, AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

11. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Site or the Service. Turnkey may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability from you or any other person. If Turnkey terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Sites and the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, Turnkey may remove from the Sites and permanently delete and destroy any Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

12. DISPUTE RESOLUTION. (The "Arbitration Clause"). 


IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS


Arbitration Notice


Before instituting any further action, you agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement, the Sites, or the Services through good-faith negotiation with Turnkey. In the event of a dispute between You and Turnkey on any matter, including but not limited to any matter related to or arising from this Agreement, the Sites, or the Services (but excluding any action based on the non-payment of fees owed to Turnkey which may be, at the option of Turnkey, immediately submitted to a court of competent jurisdiction), You shall give written notice to Turnkey as soon as reasonably possible after learning of the dispute—but no later than the filing deadline for the applicable statute of limitations or the contractual limitations period outlined within this Agreement, whichever occurs first. The notice shall set forth in specific detail the nature and extent of the dispute and any damages claimed. The notice must be sent by certified mail, return receipt requested, or served personally on Turnkey at 145 S. Livernois Rd., #146, Rochester Hills, MI 48307. The recipient party shall acknowledge receipt of the notice and respond in writing to the claim within thirty (30) days of receipt of the written notice. If the matter is not resolved after receipt of the response, the parties shall mutually agree on a date, time, and neutral location for a face-to-face settlement meeting of the parties and their counsel, if any. Such settlement meeting will be held within twenty-one (21) days after the date of the recipient party’s response in a mutually agreed location in Oakland County, Michigan. The purpose of the settlement meeting is to further define the nature and extent of the dispute and to explore options for resolution.

If no resolution is achieved within thirty (30) days of the settlement meeting, the parties shall submit the matter to neutral, nonbinding confidential mediation in accordance with the Michigan Court Rules. Unless otherwise agreed, the parties will cover their own costs incurred in the mediation, including forum fees, expenses, and charges of the mediator. The mediation shall take place in Oakland County, Michigan.

The mediation will be conducted in accordance with the Michigan Court Rules and will take place within thirty (30) days after submission of the dispute to the mediator. All parties will attend the mediation in person unless otherwise mutually agreed, and each party will have at least one person present at mediation with full settlement authority. If the dispute is not resolved in mediation, the case shall be submitted to and heard and determined by the American Arbitration Association pursuant to its commercial arbitration rules in effect at the time of any dispute, and the determination of the arbitrator will be binding on the parties and will not be appealable, and judgment on the award rendered may be entered in any court having jurisdiction on the matter. To that end, both parties submit to the exclusive jurisdiction of the Oakland County Circuit Court or any appropriate district court within Oakland County or the Federal Eastern District of Michigan, as applicable. 


In the event a dispute is ultimately submitted to arbitration, you and Turnkey agree that the arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. 

You may obtain copy of the rules of the American Arbitration Association by contacting the organization. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive and procedural law of the State if Michigan in making an award. The arbitration hearing shall be conducted in Oakland County, Michigan. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The arbitrator's award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable. You and Turnkey retain the right to sue in small claims court for a dispute within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You and Turnkey do not waive the right to arbitrate by filing suit.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TURNKEY [WHICH ARE NOT SETTLED THROUGH GOOD-FAITH NEGOTIATIONS OR MEDIATION] WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST TURNKEY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION.

13. JURISDICTION, VENUE, AND JURY TRIAL WAIVER. This Agreement shall be governed in accordance with the laws of the State of Michigan. Subject to the provisions of Section 12 above, and notwithstanding the absolute requirement that you provide prior written notice of any dispute to Turnkey, enter into good-faith negotiations to settle said dispute, and submit any unsettled claims to binding arbitration prior to filing a claim or commencing an action in any court, any disputes that are actually submitted to a court of competent jurisdiction under this Agreement shall be resolved in the courts of the State of Michigan including the federal courts therein, You consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to You. To that end, you (a) irrevocably submit to the jurisdiction of the Oakland County Circuit Court, and the District Courts located in Oakland County, (b) agree that all claims in any action may be decided in either court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. You also agree that a final judgment in any such action will be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. FURTHERMORE, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED ON OR ARISING OUT OF THIS AGREEMENT, THE SITES, OR THE SERVICES, OR ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. YOU WILL NOT SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 

14. ADVERTISEMENT, PROMOTIONS, AND AFFILIATE DISCLOSURE. Turnkey runs advertisements, promotions, and affiliate links on the Sites. Some advertisements and product recommendations may be related to affiliate marketing or the Amazon Associate program from which Turnkey might receive compensation for any purchase made through those links. The manner, mode, and extent of advertising by Turnkey is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Sites or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that Turnkey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Sites or the Services.

15. SEVERABILITY. If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Turnkey’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Turnkey in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and Turnkey agree that any cause of action arising out of or related to the Sites, the Content, or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If Turnkey takes any action to enforce this Agreement, Turnkey, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Turnkey may be entitled. To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

16. GENERAL. The Agreement comprises the entire agreement between you and Turnkey and supersedes all prior agreements regarding the subject matter contained herein, provided, however, that in the case of Users who are sellers and who have entered into separate agreements ("Seller Agreements") with Turnkey related to the display of advertising materials related to their products or services or their availability, the obligations of the parties related to the Services shall be controlled by the terms of such Seller Agreements in the event of any inconsistency between such Seller Agreements and this Agreement. Turnkey may amend the terms and conditions of this Agreement (the "Amended Terms") from time to time. If you continue to use the Sites and/or the Services after the Amended Terms become effective, you are deemed to have agreed to be bound by the Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Sites or the Services. Your continued use of the Sites and/or the Services constitutes an affirmative: (a) acknowledgment by you of this Agreement and its Amended Terms, if any; and (b) agreement by you to abide and be bound by the Agreement and its Amended Terms, if any. Except as set forth below, you must make all notices to the Sites in writing via e-mail addressed to info@theinsiderwellnessreport.com. If you believe that any content posted on the Sites infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to Turnkey at info@theinsiderwellnessreport.com (Turnkey may change this address at any time by posting a notice to the Sites): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be 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; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Agreement shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of Turnkey to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Turnkey in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance. No provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. Turnkey’s rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by Turnkey shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights Turnkey may have by law, statute, ordinance or otherwise. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns. You may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Turnkey. 

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