Terms of Use
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
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
- “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
4. Modification of Terms
5. Services Overview
a. Description of Services
b. Third-Party Subcontractors
c. Service Availability
6. User Obligations and Conduct
a. Compliance with Laws
b. User Account Responsibilities
- 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
- 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
- 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
- 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
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
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
- 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
b. License to Use the Services
c. Restrictions
- 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
- 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
- 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
10. Payment of Fees
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
13. Purchases from Third Parties
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
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
b. Cap on Liability
c. No Liability for Third-Party Services
17. Indemnification
- 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
b. Termination by Us
c. Effects of Termination
19. Dispute Resolution and Governing Law
a. Governing Law
b. Arbitration Agreement
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.