Terms of Use

Effective Date: July 24, 2023

1. Acceptance of Terms of Use
Welcome to a Dr. Renée Lewis Communications, Inc., offering. These Terms of Use (These “Terms’) represent an agreement between you and Dr. Renée Lewis Communications, Inc., and govern your use of our websites at www.drreneelewis.com, www.bullykit.com and any other Sites to which these terms are linked, and any other products and services, and any other related websites, mobile websites and mobile apps created by us and affiliated with us. To make it easier, we refer to these different web properties and the apps individually and collectively as the “Site” or the “Sites.” Throughout these Terms of Use, the terms “DRLC,” “we,” “us” and “our,” refer to the “Site” and the “Sites.” Please read the Terms of Use carefully before you start to use the Sites.

Please read the Terms of Use carefully before ordering any Products from the Sites or third party App stores (e.g. the Apple App Store, the Android Play Store, etc.). The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept,” you may not be able to complete such purchase or gain such access.

By using any of the Sites, including the Products, you acknowledge that you have read, understood and agree to be bound by and comply with these terms. If you do not want to agree to these Terms of Use, please refrain from accessing or using the Sites, including the Products.

Our contact email address is [email protected] All correspondence to Dr. Renée Lewis Communications, Inc., including any queries you may have regarding your use of the Products or these Terms, should be sent to this contact email address.

2. Notice of Changes to Terms of Use

We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Products and/or Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Products and/or Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Sites, including the Products and/or Services.

If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes.

3. Privacy

Your use of the Sites is subject to our Privacy Policy, which is incorporated into these Terms. By using the Sites, including the Products and/or Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

4. Sites and Products

DRLC grants you a non-exclusive, non-transferrable, revocable license to use the Sites, including the Products (subject to payment, where applicable) and Services, for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Sites at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Sites, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

DRLC grants you a limited, non-exclusive, non-transferable license to access and view the lessons and courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Sites, in accordance with these Terms and any conditions or restrictions associated with a particular lesson, course or feature of our Sites. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any lesson or course unless we give you explicit permission to do so in a written agreement signed by a DRLC authorized representative. This also applies to content you can access via any of our apps, podcasts or social channels controlled by us.

We reserve the right to revoke any license to access and use lessons and courses at any point in time in the event where we decide or are obligated to disable access to a lesson or course due to legal or policy reasons, for example, if the lesson or course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Terms.

If for any reason, we should dissolve or cease to exist, then your access to the Sites terminates.

Registration/Personal Information

5. User Registration and Account Protection

While you can browse the Sites without creating an account, certain services may only be used if you have created an account profile. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Site.

As part of the registration process and setting up an account, you will provide an email address and password to access the Site. You are responsible for maintaining the security and confidentiality of your username and password. You are responsible for updating your User Information. You must notify us immediately if you believe an unauthorized person has obtained your password or accessed your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your account.

5.2 Use of Sites/Products/Services by Minors

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Sites, including the Products and Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Sites, including the Products and Services, only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

5.3 Membership/Account Holder

As a Member or Account Holder of certain DRLC Sites, you will receive access to certain sections, features and functions of specific DRLC Sites, including Products and Services, that are not available to non-members.

By agreeing to become a Member or Account Holder, you opt-in to receiving occasional special offers, marketing, survey and Product based communication emails. You can easily unsubscribe from DRLC commercial emails by following the opt-out instruction in these emails. DRLC memberships and Accounts are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

5.4 Once a Member or Account Holder

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

6. Fees & Payments

You may purchase products and licenses to certain Products through a one-time payment as specified on the Sites. When you make a purchase, you authorize us to charge the credit card, debit card, Stripe account, Square account or PayPal account you provide on a one-time basis.

You agree to pay to DRLC any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that product or Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify DRLC of any changes to such information.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Sites.

7. Refund Policy

For products sold on The Sites and/or Services sold through The Sites, the following terms and conditions for shipping and handling apply:

All sales are final and purchases are non-refundable. Fees are earned when received and are non-cancelable and non-refundable. Therefore, all purchases made on or through the Sites and/or Services sold through The Sites are non-refundable.

Purchases are not eligible for return or exchange unless damaged, defective, or merchandise is incorrectly shipped or missing.

If you have received damaged, defective or incorrectly shipped merchandise, please notify our customer service team within five (5) days of receipt at

[email protected] Subject Line: Customer Service

Please note if an item appears to be damaged/defective, supporting documentation may be asked in order complete an exchange or replacement.  On these returns, original shipping and handling charges are not refundable.

If you have any further questions regarding this policy, do not hesitate to contact us –

[email protected]

We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing or non-payment.

8. App Purchases

Please note that if you purchase an App through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

9. Device Requirements

To enjoy DRLC apps or podcasts via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Google and Apple App marketplaces.

10. Changing Fees and Charges

We reserve the right to change our subscription plans or adjust pricing for our products or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

11. Cancellation of Services

(a) CANCELLATION BY YOU – You may cancel at any time. But in the case of your one time purchase, cancellation is effective at the end of the applicable purchase period. All purchases are non-refundable.

(b) CANCELLATION BY US – We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

Site Use

12. Prohibited Use of The Sites

(a) You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Sites or the Sites themselves, including the Products or the Products themselves, and the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Sites, including the Products and Services, or to violate any of the procedures, policies or regulations of networks connected to the Sites. You may not access the Sites, including the Products and Services, in an unauthorized manner.

(b) You agree not to impersonate any other person while using the Sites, including the Products and Services, conduct yourself in an offensive manner while using the Sites, or use the Sites for any illegal, immoral or harmful purpose.

(c) By breaching the provisions of this section, 13.b, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites, including the Products and Services, will cease immediately.

(d) You agree not to use the Sites, including the Products and Services, for any purposes related to scientific or statistical research, analysis or evaluation of the Sites without the express written consent of DRLC.

13. Your Content

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Sites, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

14. Your Conduct

You agree that you will not:
(i)use the Sites in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide the Sites; or (h) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any program guidelines applicable to use of particular Products and Services or interfere with, impair or disrupt the ability of others to use such Products or Services;

(iii) use the Sites so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Sites;

(v) reverse engineer, decompile or disassemble any portion of the Sites;

(vi) “scrape” information from the Sites by automated means;

(vii) interfere with the ability of others or permit any unauthorized access to or use of any Products or Services that you have licensed or to any password applicable to your account for the Sites;

(viii) use, redistribute or resell any of the Products, Services or other content of the Sites, other than such unremunerated sharing via social media as may be authorized on the Sites or otherwise in writing by us; or

(ix) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Sites, including any Products and Services, in whole or in part, except as expressly provided in these Terms.

Notices

15. Digital Millennium Copyright Act (“DMCA”) Notice

(a) 1 We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Sites, including the Products and Services, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

(b) If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

(c) If you believe that any of the Sites, including the Products and Services, contain content that infringes on your copyright, please forward the following information by email to [email protected] or in writing to Dr. Renée Lewis Communications, Inc., 126 New Rock Creek Road, Suite A, Tullahoma, TN 37388

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If By E-Mail: [email protected] Subject line: DMCA

16. Links to Third Party Websites

The Sites may link you to other non-DRLC sites on the Internet. Any links on the Sites to non-DRLC pages have been provided as a convenience, but we do not control or endorse these linked websites, nor review or approve the content that appears on the linked websites. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

17. Consent to Receive Text Messages

By subscribing to our text notifications, you agree to receive automated marketing text messages from us about our Products and Services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. You also authorize us to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In to receive text messages as a condition of purchase of any Product or Service.

You can cancel the SMS service at any time by texting “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]

Subject Line: Text Message Help

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

18. Our Content/Intellectual Property

All content, features, and functionality provided by DRLC on The Sites are owned or licensed by DRLC and protected by copyright, trademark and other proprietary and intellectual rights. You may access the Site or use the Services for your own personal, non-commercial use only. You agree not to reproduce, duplicate, copy, store, display, perform, distribute, create derivative works from, sell, resell, or exploit any portion of the Sites or Services, use of the Services, or access to the Services on the websites through which the services are provided, without express written permission by DRLC.

The Sites contain proprietary material of DRLC, which is protected by copyright, trademark and other laws respecting proprietary rights. The Sites are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. DRLC retains all rights in the Services, including all copyright, trademark and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

19. Representations and Warranties

You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

20. Indemnify

You agree to indemnify, defend and hold harmless DRLC and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products and Sites, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. DRLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

21. Disclaimers/Limitations of Liability

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES. THE SITES, INCLUDING ANY PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SITES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITES, THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SITES.

(c) IN NO EVENT SHALL DRLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, DRLC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $50.

(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SITES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SITES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY DRLC OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SITES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SITES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SITES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

22. Disclaimer

(a) DRLC is a provider of online and mobile communication content in the health & wellness space. We are not a health care or medical device provider, nor should our Sites, including Products and Services, be considered medical advice. Only your physician or other health care provider(s) can do that.

(b) Any health information and links on the Products, whether provided by DRLC or by contract from outside providers, is provided simply for your convenience.

(c) Any legal information and links on the Products, whether provided by DRLC or by contract from outside providers, is provided simply for your convenience.

(d) Any advice or other materials provided by DRLC, including Products and Services, are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice or professional legal advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and/or legal advisors, and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Sites, including the Products and Services.

You should act or refrain from acting on the basis of information on the sites without first seeking legal advice.

23. Law/Jurisdiction

These Terms shall be governed by the laws of the United States of America and the State of Tennessee without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF TENNESSEE.

24. Disclaimer of Warranties

WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE, AND OUR AND AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDER, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “DRLC PARTIES”) DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SITE OR ITS USE: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) THAT DEFECTS WILL BE CORRECTED, (V) THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (VI) THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE DRLC PARTIES MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

25. Disclaimer of Liability

Under no circumstances will the DRLC Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) for any loss or damages of any kind that are directly or indirectly related to the Site, including the Products and Services, its performance, the Materials, User Content; any errors or omission in the Site; any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the DRLC Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the Site, or any site, or the DRLC Parties be liable to you or anyone else for loss, damage or injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the DRLC Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.

26. Breach of Terms

No joint venture, partnership, employment or agency relationship exists between you and DRLC as a result of these Terms and/or your use of the Sites. These Terms shall be effective as of the date used and accessed by you. These Terms represent the entire agreement between you and DRLC with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Sites. DRLC may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, DRLC shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to DRLC. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.

Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with DRLC. Notices to us shall be sent by email to [email protected] or in writing to Dr. Renee Lewis Communications, Inc., 126 New Rock Creek Road, Suite A, Tullahoma, TN 37388.

27. Arbitration/Dispute Resolution/Mediation/No Class Relief

If any controversy, allegation or claim arises out of or relates to the Site, including the Products and Services, the Materials, your use of the Site, and these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. If we do not have a current address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details below. For a period of sixty days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable.

All disputes arising out of or relating to these Terms or your use of the Site and unresolved via dialog will be exclusively resolved under confidential binding arbitration held in the State of Tennessee, before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.

Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in federal court in the State of Tennessee. Accordingly you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the State of Tennessee to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

28. Miscellaneous

Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such a breach or any subsequent breaches. We may assign our rights and duties under these Terms to any party at any time without notice to you. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

28.2 No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

28.3 Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

29 Governing Law

30. Contact Us

Dr. Renée Lewis Communications, Inc.
Attention: Terms of Use
126 New Rock Creek Road, Suite A
Tullahoma, TN 37388

[email protected]