Terms and Conditions
Agreement between User and Zhittya
Welcome to this website. The website (the “Site”) is comprised of various web pages operated by Zhittya Genesis Medicine Inc. (“Zhittya”.) this website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
This website is a News and Information Site.
This website provides information on the potential treatment it hopes to provide. Zhittya offers a free email subscription service.
Privacy
Your use of this website is subject to Zhittya’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices
Electronic Communications
Visiting this website or sending emails to Zhittya constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notes, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. More specifically, by filling out any form on this website, you consent for the applicable email to recieve emails from Zhittya Genesis Medicine and their partners.
Text Message Program
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Zhittya, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. All the different types of messages you may receive (whether recurring marketing messages, on-demand reply messages, or otherwise) shall be known collectively as the "Programs." Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Zhittya reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Zhittya also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Zhittya, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
BY OPTING IN TO OR PARTICIPATING IN ANY OF THE PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITH JURY TRIAL AND CLASS ACTION WAIVERS, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW (THE “AGREEMENT”).
Cancellation
If you do not wish to continue participating in any Program or no longer agree to these Terms, you agree to text the applicable Short Code (or regular long code phone number where applicable) or directly reply to any mobile message received from a Program with
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT in order to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable and exclusive methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words or phrases other than those set forth above or verbally requesting Zhittya to remove you from our list, is not a reasonable means of opting out. You may be subscribed to multiple Programs across different Short Codes or regular long code phone numbers, and therefore you must separately text or reply
STOP to each Short Code or long code phone number from which you wish to unsubscribe.
GENERAL TERMS FOR ALL PROGRAMS:
Duty to Notify and Indemnify
If at any time, you intend to stop using the mobile telephone number that has been used with any Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Cost
Message and data rates may apply. Check with your mobile operator for details.
Supported Carriers
U.S.: *AT&T Wireless, Boost Mobile, Metro PCS, Sprint, T-Mobile, Tracfone, Verizon, Virgin Mobile USA, and C-Spire & Associated Carriers (*carriers do not support MMS alerts, only SMS.) Canada: BCE Inc, MTS, Telus, Eastlink, Rogers, Freedom Mobile, SaskTel Mobility and Vidéotron. We ****may add or remove any carriers from any Program without notice. Also, Programs may not be available on all carriers. **** If your mobile operator is not supported, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate - check with your mobile operator. Carriers are not liable for delayed or undelivered messages.
Support
For support regarding the Program, text “HELP” to the applicable Program’s Short Code or email us at danielh@zhittyamedicine.com. Please note that the use of this email address, or texting “HELP” to the Program’s Short Code is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. In Canada, text “INFO” for contact information of the sender.
Our Disclaimer of Warranty
The Programs are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. We are not liable for delayed or undelivered mobile messages.
Participant Device & Service Requirements
You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Participant Age
Children under the age of 13 may not participate in any Program and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may participate in any Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her participation in any Program, including, without limitation, all legal liability that he or she may incur.
Governing Law
This Agreement shall be governed by the laws of the State of Nevada, without reference to conflict of laws principles. Any suit to enforce this Agreement shall be brought exclusively in the State and U.S. District Courts located in Las Vegas, Nevada, and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any Program after any such changes, you accept these Terms, as modified.
Problems?
If you are experiencing any problems, please email us at danielh@zhittyamedicine.com and describe the issue you're having.
Contact
This message program is a service of Zhittya. You may contact a company representative at danielh@zhittyamedicine.com.
Dispute Resolution: General
In the interest of resolving disputes between you and Zhittya in the most expedient and cost effective manner, you and Zhittya agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Zhittya or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Zhittya or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND ZHITTYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Zhittya to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim .Arbitrator. Any arbitration between you and Zhittya will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Zhittya. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Notice; Process. If you or Zhittya intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Zhittya's address for Notice is: 1120 N. Town Center Dr, Las Vegas, NV 89144, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Zhittya will make good faith efforts to resolve the claim directly, but if you and Zhittya do not reach an agreement to do so within 30 days after the Notice is received, you or Zhittya may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Zhittya must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Zhittya will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Zhittya for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Zhittya agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Zhittya made within 14 days of the arbitrator's ruling on the merits. No Class Actions. YOU AND ZHITTYA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Zhittya agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Zhittya makes any future change to this arbitration provision, other than a change to Zhittya address for Notice, you may reject the change by sending us written notice within 30 days of the change to Zhittya address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Zhittya.Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Children Under Thirteen
Zhittya does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Zhittya and Zhittya is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zhittya is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zhittya of the site or any association with its operators.
Certain services made available via this website are delivered by third party sites and organizations. By using any product, service or functionality originating from the website domain, you hereby acknowledge and consent that Zhittya may share such information and data with any third party with whom Zhittya has a contractual relationship to provide the requested product, service or functionality on behalf of this website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use this website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Zhittya that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Zhittya or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or others restrictions contained in any such content and will not make any changes thereto.
You will not modify, public, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or impart, found on the Site. Zhittya content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Zhittya and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zhittya or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Zhittya from our offices within the United States of America. If you access the Service from a location outside of the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Zhittya Content accessed through this website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations
Indemnification
You agree to indemnify, defend, and hold harmless Zhittya, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Zhittya reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zhittya in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the even that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGE ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZHITTYA GENESIS MEDICINE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ZHITTYA GENESIS MEDICINE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZHITTYA GENESIS MEDICINE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZHITTYA GENESIS MEDICINE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZHITTYA GENESIS MEDICINE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Zhittya reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada, and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zhittya as a result of this agreement or use of the Site. Zhittya’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is derogation of Zhittya’s right to comply with the governmental, court, and law enforcement requests or requirements relating to your sue of the Site or information provided to or gathered by Zhittya with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zhittya with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the use and Zhittya with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating of this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Zhittya reserves the right, in its sole discretion, to change the Terms under which this website is offered. The most current version of the Terms will supersede all previous versions. Zhittya encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Zhittya welcomes your questions or comments regarding the Terms:
Zhittya Genesis Medicine Inc.
1120 North Town Center Dr.
Las Vegas, Nevada, 89144
Email Address:
Telephone Number:
702-790-9980
Effective as of July 28, 2022