Terms and Conditions

Terms and Conditions

Terms of Service Agreement 

THE ORIGINAL SUSTAINABLE JOINT LLC - TERMS OF SERVICE AGREEMENT 

Last Revised: 2/4/2022 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. 

1. OVERVIEW 

This Terms of Service Agreement (this “Agreement”) is entered into by and between The Original Sustainable Joint LLC (for any payment services) and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control. 

The terms “we”, “us” or “our” shall refer to The Original Sustainable Joint or d.b.a. The OSJ Rx. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES 

The OSJ ℞ may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, The OSJ ℞ may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. The OSJ ℞ assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, The OSJ ℞ may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.  The OSJ ℞ RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME. 

3. ELIGIBILITY; AUTHORITY 

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction. 

4. GENERAL RULES OF CONDUCT 

You acknowledge and agree that: 

i. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations. 

ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content 

(as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 

1. You will      not use this Site or the Services in a manner (as determined by The OSJ ℞      in its sole and absolute discretion) that:  
   • Is       illegal, or promotes or encourages illegal activity; 
   • Promotes,       encourages or engages in the exploitation of children, or any activity       related to the proliferation of child sexual abuse material (CSAM); 
   • Promotes,       encourages or engages in terrorism, violence against people, animals, or       property; 
   • Promotes,       encourages or engages in any spam or other unsolicited bulk email, or       computer or network hacking or cracking; 
   • Violates       the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or       similar legislation, or promotes, encourages or engages in the sale or       distribution of prescription medication without a valid       prescription; 
   • Violates       the Fight Online Sex Trafficking Act of 2017 or similar legislation, or       promotes or facilitates prostitution and/or sex trafficking; 
   • Infringes       on the intellectual property rights of another User or any other person       or entity; 
   • Violates       the privacy or publicity rights of another User or any other person or       entity, or breaches any duty of confidentiality that you owe to another       User or any other person or entity; 
   • Interferes       with the operation of this Site or the Services found at this Site; 
   • Contains       or installs any viruses, worms, bugs, Trojan horses or other code, files       or programs designed to, or capable of, disrupting, damaging or limiting       the functionality of any software or hardware; or 
   • Contains       false or deceptive language, or unsubstantiated or comparative claims,       regarding The OSJ ℞ or The OSJ ℞’s Services. 
   • You       will not perform any false, abusive or fraudulent activity. You will not       perform any action that imposes, or may impose, in our discretion, an       unreasonable or disproportionately large load on our       infrastructure; 

1. You      will not copy or distribute in any medium any part of this Site or the      Services , except where expressly authorized by The OSJ ℞.
2. You      will not modify or alter any part of this Site or the Services found at      this Site or any of its related technologies. 
3. You      will not access The OSJ ℞ Content (as defined below) or User Content      through any technology or means other than through this Site itself, or as      The OSJ ℞ may designate. 
4. You      agree to back-up all of your User Content so that you can access and use      it when needed. The OSJ ℞ does not warrant that it backs-up any Account or      User Content, and you agree to accept as a risk the loss of any and all of      your User Content. 
5. You      will not re-sell or provide the Services for a commercial purpose,      including any of The OSJ ℞'s related technologies, without The OSJ ℞'s      express prior written consent. 
6. You      will not circumvent, disable or otherwise interfere with the      security-related features of this Site or the Services found at this Site      (including without limitation those features that prevent or restrict use      or copying of any The OSJ ℞ Content or User Content) or enforce      limitations on the use of this Site or the Services found at this Site,      the The OSJ ℞ Content or the User Content therein. 

x. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested. 

1. You are      aware that The OSJ ℞ may from time-to-time call you about your account,      and that, for the purposes of any and all such call(s), you may be subject      to call recording and hereby consent to the same, subject to any      applicable laws and our restrictions and obligations thereunder,      including, where permissible, to record the entirety of such calls      regardless of whether The OSJ ℞ asks you on any particular call for      consent to record such call. You further acknowledge and agree that, to      the extent permitted by applicable law, any such recording(s) may be      submitted as evidence in any legal proceeding in which The OSJ ℞ is a      party. Further, by providing your telephone or mobile number, you consent      to receive marketing telephone calls from or on behalf of The OSJ ℞ that      may be initiated by an automatic telephone dialing system and/or use an      artificial or prerecorded voice. You understand that providing consent is      not a condition of purchasing any good or service from The OSJ ℞.      Similarly, by providing your mobile number, you consent to receive      marketing text messages from or on behalf of The Original Sustainable      Joint that may be sent by an automatic telephone dialing system. You      understand that providing consent is not a condition of purchasing any      good or service from The OSJ ℞. Message and data rates may apply. 
2. Without      limiting any of the rights set forth elsewhere in this Agreement, The OSJ      ℞ expressly reserves the right to deny, cancel, terminate, suspend, or      limit future access to this Site or any Services (including but not      limited to the right to cancel or transfer any domain name registration)      to any User (i) whose Account or Services were previously terminated or      suspended, whether due to breach of this or any other Agreement or any The      OSJ ℞ policy, or (ii) who otherwise engages or has engaged in      inappropriate or unlawful activity while utilizing the Site or Services      (as determined by The OSJ ℞ in its sole and absolute discretion). 
3. If your      purchase or account activity shows signs of fraud, abuse or suspicious      activity, The OSJ ℞ may cancel any service associated with your name,      email address or account and close any associated The OSJ ℞ accounts. If      The Original Sustainable Joint, in its sole discretion, determines that      any conducted activity is fraudulent, The OSJ ℞ reserves the right to take      any necessary legal action and you may be liable for monetary losses to      The OSJ ℞ including litigation costs and damages. To contest cancellation      of Services or freezing or closure of an account, please contact The OSJ ℞      Care. 

5. FEES AND PAYMENTS 

You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by OSJRx.com, LLC; if your payment was identified as being processed in Canada, your transaction will be processed by The OSJ ℞ Domains Canada, Inc.; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by The OSJ ℞ Europe, Ltd.; if your payment was identified as being processed in India, your transaction will be processed by The OSJ ℞ India Domains and Hosting Services India Pvt Ltd. If, during your purchase, your payment was identified as being processed in a country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy. 

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS 

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy. 

Price Changes. The OSJ ℞ reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below. 

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card; (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal; (v) International Payment Option (as defined below); (vi) via in-store credit balances, if applicable (and as defined below); or (vii) any other method you use to pay for Services as determined by The OSJ ℞ in its sole and absolute discretion, each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method. 

Refunds Issued. You agree that where refunds are issued to your Payment Method, The OSJ ℞'s issuance of a refund receipt is only confirmation that The OSJ ℞ has submitted your refund to the Payment Method charged at the time of the original sale, and that The OSJ ℞ has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. 

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then The Original Sustainable Joint in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a The OSJ ℞ check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. The OSJ ℞ also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. 

If for any reason The OSJ ℞ is unable to charge your Payment Method for the full amount owed, or if The OSJ ℞ receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that The OSJ ℞ may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. The OSJ ℞ also reserves the right to charge you reasonable “administrative” fees" for (i) tasks The OSJ ℞ may perform outside the normal scope of its Services, (ii) additional time and/or costs The OSJ ℞ may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by The OSJ ℞ in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by The OSJ ℞ staff or by outside firms retained by The OSJ ℞; (iii) recouping any and all costs and fees, including the cost of Services, incurred by The OSJ ℞ as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with The OSJ ℞. 

The OSJ ℞ may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. 

(B) REFUND POLICY Products and Services available for refunds are described here (“Refund Policy”). 

(C) PAY BY ELECTRONIC PAYMENT 

You agree that (i) Check Services Provider or The OSJ ℞ reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor The OSJ ℞ shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and The OSJ ℞ may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). The OSJ ℞ is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. A help article describing the Check Services Provider and outlining the service charges referenced above can be found here. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars. 

The OSJ ℞ and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to The OSJ ℞ and Check Services Provider. You further expressly authorize The OSJ ℞ and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses. 

6. NO SPAM; LIQUIDATED DAMAGES 

No Spam. We do not tolerate the transmission of spam. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. 

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: 

1. Email Messages
2. Newsgroup postings
3. Windows system messages
4. Pop-up messages (aka "adware" or "spyware" messages)
5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs) 6. Online chat room advertisements
7. Guestbook or Website Forum postings
8. Facsimile Solicitations
9. Text/SMS Messages 

7. TRADEMARK AND/OR COPYRIGHT CLAIMS 

The OSJ ℞ supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to The OSJ ℞’s Trademark and/or Copyright Infringement Policy referenced above and available here. 

8. LINKS TO THIRD-PARTY WEBSITES 

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by The OSJ ℞. The OSJ ℞ assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, The OSJ ℞ does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release The Original S. Joint from any and all liability arising from your use of any third-party website. Accordingly, The OSJ ℞ encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. 

9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. The OSJ ℞, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The OSJ ℞, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND The OSJ ℞ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY The Original Sustainable Joint ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 

10. LIMITATION OF LIABILITY 

IN NO EVENT SHALL The Original Sustainable Joint LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT The Original S. Joint IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL The Original S. Joint’s TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 

11. INDEMNITY 

You agree to protect, defend, indemnify and hold harmless The Original S. Joint and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by The Original S. Joint directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 

12. COMPLIANCE WITH LOCAL LAWS 

The Original S. Joint makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

13. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS 

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION. 

(A) Disputes. The terms of this Section shall apply to all Disputes between you and The Original Sustainable Joint except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and The Original S. Joint arising under or relating to any The Original S. Joint Services or Products, The Original S. Joint’s websites, these Terms, or any other transaction involving you and The Original Sustainable Joint whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND The Original S. Joint AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR The Original S. Joint FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. 

Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions. 

(B) Binding Arbitration. You and The Original S. Joint further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

(C) Dispute Notice. In the event of a Dispute, you or The Original S. Joint must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to The Original S. Joint must be addressed to: The Original Sustainable Joint 2155 E. The Original S. Joint Way, Tempe, AZ 85284, Attn.: Legal Department (the “The Original S. Joint Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If The Original S. Joint and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or The Original S. Joint may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration. 

(D) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND The Original S. Joint AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR The Original S. Joint WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. 

(E) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option. 

(F) Initiation of Arbitration Proceeding. If either you or The Original S. Joint decide to arbitrate a Dispute, we agree to the following procedure: 

i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”). 

ii. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043. 

iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties. 

(G) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by The Original S. Joint or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Original S. Joint is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. 

(H) Arbitration Fees and Payments. 

i. Disputes involving $75,000.00 or less. The Original S. Joint will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject The Original S. Joint’s last written settlement offer made before the arbitrator was appointed (“The Original S. Joint’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than The Original S. Joint’s last written offer, The Original S. Joint will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and The Original S. Joint agree on them. 

ii. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. 

iii. Disputes involving any amount. In any arbitration you commence, The Original S. Joint will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration The Original S. Joint commences, The Original S. Joint will pay all filing, AAA, and arbitrator’s fees and expenses. The Original S. Joint will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute. 

(I) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred. 

(J) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY The Original S. Joint BY E-MAILING LEGALOPTOUT@OSJRX.COMWITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in The Original S. Joint’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in The Original S. Joint's Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought. 

(K) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and The Original S. Joint agree that if The Original S. Joint makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to The Original S. Joint’s address) in these Terms, The Original S. Joint will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

(L) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms. 

(M) Exclusive Venue for Other Controversies. The Original S. Joint and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding. 

14. SUCCESSORS AND ASSIGNS 

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 

15. NO THIRD-PARTY BENEFICIARIES 

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

16. U.S. EXPORT LAWS 

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 

17. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY 

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. 

18. ENGLISH LANGUAGE CONTROLS 

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration. 

19. CONTACT INFORMATION 

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

The Original Sustainable Joint LLC. info@OSJRx.com