Terms of Use

These Terms of Use govern your access to and use of TheDetoxDudes.com, its related URLs, and the Detox Dudes Facebook group & Skool groups (the Site). These Terms of Use are an agreement between Detox Dudes, LLC (Detox Dudes) and you, an individual or business entity accessing and using the Site.
By using the Site, you confirm that you have read these Terms of Use and agree to be bound by them. If you do not agree, please leave the Site.
Detox Dudes may change these Terms of Use from time to time without notice. Your continued use of the Site and participation in Services after modifications constitutes your acknowledgement of the modified Terms of Use and your agreement to be bound by them.

1. Introduction

Welcome to The Detox Dudes LLc (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including Marketing, Coaching, and online course purchases (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.

This Agreement forms a legally binding contract between you and The Detox Dudes, LLC. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 15, which waives your right to a jury trial and to participate in class actions.

2. Definitions

- “Account”: The account you create when you register to use our Services.
- “Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
- “Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
- “Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
- “Sales Kick”: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
- “Third-Party Services”: Any services or products provided by entities other than The Detox Dudes LLC  that are made available through our Services.

3. Acceptance of Terms

By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.

4. Modification of Terms

We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.

5. Services Overview

a. Description of Services

The Detox Dudes LLC provides Coaching, online health and wellness services, supplemental health and online course purchases. These Services are designed to guide the client in generalized health and wellness protocols.

b. Third-Party Subcontractors

To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.

c. Service Availability

While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

6. User Obligations and Conduct

a. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.

b. User Account Responsibilities

- Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
- Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.

c. Prohibited Activities

You agree not to:
- Use the Services for any illegal, unauthorized, or prohibited purpose.
- Infringe on the rights of others, including intellectual property rights.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Use the Services to transmit any malicious software, viruses, or other harmful code.
- Engage in any activity that could damage, disable, or impair the functioning of the Services.

7. Data Privacy and User Consent

a. Data Collection and Processing

- Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
- Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.

b. User Consent

By using our Services, you consent to:
- The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
- The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
- The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
- The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
- I understand by submitting an application to book a sales call, I am providing written instructions authorizing The Detox Dudes LLC and affiliates to obtain my personal credit profile or other information from credit reporting agencies under the FCRA solely to conduct a credit pre-qualification. I further understand that this is a soft pull and will not harm my credit in any way whatsoever.

c. Data Sharing and Disclosure

Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.

d. Data Security

Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.

e. Consent to Contact and Marketing Communications

By providing your phone number and email address and submitting any of our forms, you expressly consent to be contacted by The Detox Dudes and, its affiliates, and its authorized representatives, including sales representatives, at the phone number and email address you provide.You agree that we may contact you for both sales and marketing purposes, including:
- Phone calls and text (SMS/MMS) messages from a live agent, sales representative, or automated/autodialed system, including messages sent using an automatic telephone dialing system and;
Marketing and promotional communications delivered by email, text message, and telephone, including offers, product updates, promotions, and related outreach.

This consent is not a condition of any purchase. You understand that consent is not required to buy any goods or services. Message and data rates may apply. Message frequency varies. You can opt out of text messages at any time by replying STOP. You can unsubscribe from marketing emails at any time using the "unsubscribe" link in any email. Opting out of one channel does not automatically opt you out of others. By checking the consent box / submitting one of our forms, you confirm that you are the subscriber or authorized user of the phone number provided, and that you have read and agree to this consent, our Terms & Conditions and Privacy Policy.

8. Intellectual Property Rights

a. Ownership

All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by The Detox Dudes LLC or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.

b. License to Use the Services

Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

c. Restrictions

You may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software.
- Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
- Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.

9. Representations and Warranties

a. User Representations and Warranties

You represent and warrant that:
- Authority: You have the legal authority to enter into and comply with these ToS.
- Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
- Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
- No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
- No Harmful Activities: You will not engage in any activity that is harmful to us, Sales Kick, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.

b. Third-Party Client Representations and Warranties

The Detox Dudes LLC represents and warrants that:
- Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
- No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
- Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, including Sales Kick, comply with applicable data protection obligations.
- Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.

c. Disclaimer of Warranties

Except as expressly provided in these ToS, the Services are provided "as-is" and "as-available" without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.

10. Payment of Fees

If you subscribe to Services that require payment, you agree to pay all associated fees. Detox Dudes will bill your credit card for charges. Any recurring charges are billed in advance.
You agree to provide accurate and complete billing information, including valid credit card details, your name, address, and telephone number, and to update any changes within five days.
If your credit card company refuses to pay the billed amount, Detox Dudes may suspend or terminate your subscription and require payment by other acceptable means.
Until your subscription is terminated, charges will continue to accrue even if you do not use the Services.
If legal action is necessary to collect balances due, you agree to reimburse Detox Dudes for all expenses incurred, including legal fees.

11. Conduct on the Site

Your use of the Site is subject to all applicable laws, rules, and regulations. By posting or using any interactive service on or through the Site, you agree not to upload, share, post, or otherwise distribute, or facilitate the distribution of, any content that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic sexual content, or otherwise violates our rules or policies
  • Victimises, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights
  • Constitutes unauthorised or unsolicited advertising, junk or bulk email, chain letters, other unauthorised solicitation, or any form of lottery or gambling
  • Contains software viruses or code intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to obtain unauthorised access to data or information of any third party
  • Impersonates any person or entity, including our employees or representatives

Detox Dudes does not endorse and assumes no liability for content uploaded or submitted by third party users. Detox Dudes generally does not pre screen, monitor, or edit user content, but may remove content that does not comply with these Terms of Use or that Detox Dudes finds harmful, objectionable, or inaccurate.

12. Testimonials

Testimonials on the Site reflect the experiences and opinions of actual users of the Services. Results vary. Detox Dudes does not claim that results in testimonials are typical.

13. Purchases from Third Parties

Through your use of the Site, you may engage in commercial transactions with third parties. All transactions, including purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms, are solely between you and the third party.

Detox Dudes makes no warranty regarding transactions executed through or in connection with this Site. Any warranty for third party products, services, materials, or information is provided solely by the third party.

14. Refunds

There are no refunds on any Services offered, unless a mistake is made by Detox Dudes, LLC.

15. Detox Dudes SMS

This campaign sends appointment information such as confirmation and reminder messages to customers who have booked an appointment on our website at https://learn.detoxdudes.com/how-it-works and opted in to receive promotional and notification SMS from Detox Dudes.

  • You can cancel the SMS service at any time by texting STOP to the shortcode. We will confirm your unsubscribe status via SMS. After confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially.
  • If you experience issues, reply HELP for assistance or contact info@thedetoxdudes.com.
  • Carriers are not liable for delayed or undelivered messages.
  • Message and data rates may apply. Message frequency varies. For questions about your text or data plan, contact your wireless provider.
  • For privacy enquiries, see our Privacy Policy.

16. Limitation of Liability

a. Exclusion of Damages

To the fullest extent permitted by law, The Detox Dudes LLC Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.

b. Cap on Liability

In no event shall the total liability of The Detox Dudes LLC,  Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.

c. No Liability for Third-Party Services

We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.

17. Indemnification

You agree to indemnify, defend, and hold harmless The Detox Dudes LLC, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the Services.
- Your breach of these ToS or violation of any applicable laws or the rights of a third party.
- Any claims that your use of the Services infringes the intellectual property rights of a third party.
- Any data or content you provide or create through the Services.

18. Termination

a. Termination by You

You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.

b. Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.

c. Effects of Termination

Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Dispute Resolution and Governing Law

a. Governing Law

These ToS and any disputes arising out of or related to them will be governed by the laws of California, without regard to its conflict of laws principles.

b. Arbitration Agreement

You and The Detox Dudes LLC agree that any dispute, controversy, or claim arising out of or relating to these Terms of Service, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), as in effect at the time the arbitration is initiated. The arbitration shall be conducted before a single neutral arbitrator experienced in commercial and consumer disputes.
The arbitration shall take place in San Diego, California, unless the parties mutually agree to another location or the applicable AAA rules permit the arbitration to be conducted remotely. If the amount in controversy does not exceed $10,000, either party may request that the arbitration be conducted by telephone, videoconference, or solely on written submissions, subject to the arbitrator's discretion and applicable AAA rules.
Payment of arbitration filing fees and costs shall be governed by the applicable AAA rules and California law. Each party shall bear its own attorneys' fees and costs unless the arbitrator awards attorneys' fees or costs under applicable law or these Terms.
The parties agree that all claims must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator shall have no authority to consolidate claims or preside over any class, collective, or representative proceeding to the fullest extent permitted by applicable law.
If any portion of this Arbitration Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect. However, if the class action waiver is determined to be unenforceable with respect to a particular claim for which such waiver cannot legally be enforced, then that claim shall proceed in court, while all remaining claims shall remain subject to arbitration to the fullest extent permitted by law.
If a court determines that this Arbitration Agreement does not apply to a particular dispute, the parties agree that such dispute shall be brought exclusively in the state or federal courts located in San Diego, California, and each party irrevocably submits to the personal jurisdiction and venue of those courts.
Except as necessary to enforce an arbitration award, seek provisional relief, comply with legal obligations, or as otherwise required by law, the parties agree to maintain the confidentiality of the arbitration proceedings, including all documents exchanged, testimony, and the arbitrator's award.

20. Miscellaneous

a. Entire Agreement

These ToS, together with our Privacy Policy, constitute the entire agreement between you and The Detox Dudes LLC concerning the Services and supersede any prior agreements, whether written or oral.

b. Severability

If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.

c. Waiver

No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and The Detox Dudes LLC’s failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.

d. Assignment

You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.

e. Force Majeure

We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.

f. Headings

The headings used in these ToS are for convenience only and have no legal or contractual effect.

g. Contact Information

For any questions or concerns regarding these ToS, please contact us at info@thedetoxdudes.com.

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