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Introduction

The information provided by Pegasus Realm (“we,” “us” or “our”) on Pegasusrealm.com (the “Site”) is for general informational purposes only. All information on the Site [and our mobile application] is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on the site. Your use of the site and your reliance on any information on the site is solely at your own risk.

External Links Disclaimer for the Site

The Site may contain (or you may be sent through the Site links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Testimonials Disclaimer for the Site

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. [We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.]

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

External Links Disclaimer for the Site

The Site may contain (or you may be sent through the Site links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Professional Disclaimer for the Site

The Site cannot and does not contain [medical/legal/fitness/health/other] advice. The [legal/medical/fitness/health/other] information is provided for general informational and educational purposes only and is not a substitute for professional advice.

Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of [medical/legal/fitness/health/other] advice. The use or reliance of any information contained on this site is solely at your own risk.

Warranties Disclaimer; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is' and ‘as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Radiant Health Institute, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

User comments, feedback & other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Policies

Please note that our online subscription service is provided on an 'as is' basis and we make no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included with the service. We do not guarantee that the service will be uninterrupted or error-free. By subscribing to our service, you agree that we will not be liable for any damages of any kind arising from the use of the service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
We reserve the right to change the terms of our subscription service at any time without notice.

We also reserve the right to discontinue the service at any time and without notice. By subscribing to our services, you agree to accept any changes or discontinuation of the services.

The information, content, and materials provided on our online subscription service are for general informational purposes only and do not constitute professional advice. We do not endorse any specific products or services. By subscribing to our service, you acknowledge that you are solely responsible for any decisions or actions taken based on the information provided on the service.

We do not guarantee that the information, content, and materials provided on our online subscription service are accurate, complete, or current. By subscribing to our service, you acknowledge that we will not be liable for any errors or omissions in the information provided on the service.

Eligibility; Registration and Account Security.

The Services are intended solely for users who are eighteen (18) years of age or older or a legal guardian. Any registration by, use of or access to the Services by anyone under eighteen (18), without a legal guardian, is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older, or a legal gaudian of any minor using our services.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Pegasus Realm, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

HIPPA Disclaimer

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Bluehost does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Bluehost does not sign “Business Associate Agreements,” and you agree that Bluehost is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

Prohibited Persons (Countries, Regions, Entities, and Individuals)

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Content

All content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services, are the property of Pegasus Realm or its licensors. No Pegasus Realm Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Pegasus Realm Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Pegasus Realm Content granted herein. All rights of Pegasus Realm or its licensors that are not expressly granted in this Agreement are reserved to Pegasus Realm and its licensors.

Contractors

Pegasus Realm is organized under the laws of the United States and partners with contractors that are not employees or agents of the LLC. As such, Pegasus Realm can not guarantee the actions, opinions, or behaviors of said contractors.

The contractors are responsible for complying with all applicable laws, regulations, and rules in the countries in which they are operating. Pegasus Realm is not responsible for any illegal or unethical actions taken by the contractors. Pegasus Realm does not condone or support any illegal or unethical actions taken by the contractors. The contractors are solely responsible for any damages or losses that may result from their actions. Pegasus Realm works with independent contractors outside of the United States. As such Pegasus Realm LLC will take all necessary action to comply with all applicable laws, regulations, and rules in the United States and any other jurisdiction in which it operates.

Ordering Services

We may make certain products and services available for purchase on the Sites. If you order any products or services, you hereby represent and warrant that you are 18 years old or older. You need a valid credit card (except to the extent we permit purchases with gift cards, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for products or services through the Sites. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Sites. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Sites. Certain products that you purchase and/or download on or through the Sites may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Cancel Policy

Cancellation of Subscription. Your subscription can be canceled anytime on your account page. Your account access will then terminate at the end of that billing period. If canceling during the free trial period, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial. If you experience any issues canceling your subscription, please notify us at support@pegasusrealm.com with “Cancellation Request” in the subject line. We are unable to process refunds if more than twenty-four (24) hours lapsed since the renewal of your subscription.

Indemnification

You agree to defend (if requested by Pegasus Realm ), indemnify and hold harmless the Pegasus Realm Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites, and/or the use of the Sites by any other person using your user account(s); (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pegasus Realm Parties’ use of your information. You will cooperate as fully required by the Pegasus Realm Parties in the defense of any claim. Notwithstanding the foregoing, the Pegasus Realms’ Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Pegasus Realm Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Pegasus Realm Parties.

Termination and Modifications

(a) Termination. Pegasus Realm reserves the right to terminate your access to and use of the Sites at any time, in its sole discretion, without notice and liability, including, without limitation, if Pegasus Realm believes your conduct fails to conform with these Terms. We may also block your access to our Sites in the event that you (a) breach these Terms, (b) we are unable to verify or authenticate any information you provide to us, or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. Pegasus Realm also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Pegasus Realm. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.

(b) Modifications. Pegasus Realm reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Pegasus Realm will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.

(c) What happens upon Termination? Upon termination of your access to the Sites, or upon demand from Pegasus Realm, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.

Governing Law, Arbitration and No Class Actions

You agree to defend (if requested by Pegasus Realm ), indemnify and hold harmless the Pegasus Realm Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites, and/or the use of the Sites by any other person using your user account(s); (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pegasus Realm Parties’ use of your information. You will cooperate as fully required by the Pegasus Realm Parties in the defense of any claim. Notwithstanding the foregoing, the Pegasus Realms’ Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Pegasus Realm Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Pegasus Realm Parties.

Miscellaneous

The failure of Pegasus Realm to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Pegasus Realms’ rights with respect to such breach or any subsequent breaches. No waiver by Pegasus Realm of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Pegasus Realm. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Pegasus Realm may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Pegasus Realm’ prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Pegasus Realm by virtue of having drafted them.

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