The Effective Date of these Terms of Use is 5th March 2021.
The Terms of Use (Terms) applies to the website, application, online services that are the property of CGM Monitors. Please read the terms of use carefully before using the website as they define your legal rights and obligations.
If you do not agree to the terms of use of the website, please do not use the website.
Arbitration notice: In the case of a dispute described in the “Disputes and Arbitration” section below, you agree that all disputes between you and of CGM Monitors with regards to these Terms of use and the use of the website will be decided by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Website intended audience
This website is intended for users aged eighteen (18) and above. By using the website, you acknowledge that you are at least 18 years old.
This site does not provide medical advice
The information shared on this website is not medical advice nor does it cover any health issues. The information provided on this website does not take the place of a consultation with your doctor or healthcare provider.
CGM Monitors does not endorse or recommend any sort of self-treatment of health issues. The information provided on this website does not take the place of a consultation with your doctor or healthcare provider. The products are not a replacement for your healthcare medical plan or prescription plan. If you feel you have a medical issue, please consult your doctor or healthcare provider.
We take no responsibility for any outcome relating directly or indirectly to any action or inaction you may undertake on the basis of any information, service, material on the website. While we will ensure in every possible way to keep the information on the website factual, accurate and complete. However, we are not to be held responsible for any damage or loss that may be incurred related to accuracy, completeness, or timeliness of the information on the website.
Please do not send us any questions related to medical diagnosis, medical treatment or healing. We will offer support and answer questions related to any of our products and services on the website. Please note that information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Ownership of site content
Unless stated otherwise, all content included in the website, including past versions, domain names, source code, design are owned by CGM Monitors, its subsidiaries and affiliates. The content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The website content cannot be reproduced, copied, downloaded or distributed in any way, unless with the express permission of CGM Monitors and as is stated in these terms. The unauthorized use of the website content is prohibited.
The use site content on our site
In compliance with the Terms stated, CGM Monitors gives you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download (if downloading is expressly offered by CGM Monitors) the website content (this does not include the source and object code, other than as made available to access and use). When you are accessing or viewing the website content, you must:
- Keep intact all copyright and other proprietary notices:
- No changes or modifications are made to the website content; and
- Not to copy or adapt any code associated with the website or reverse engineer, modify or attempt to discover any source code associated with the website, nor allow or assist any third party in doing so.
You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the website Content (except as may be a result of standard search engine or Internet browser usage).
Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute, or otherwise use Site Content in any way, without the prior written permission of a duly authorized CGM Monitors employee.
Viral distribution
CGM Monitors allows you limited, revocable permission, subject to the Terms of Use, to share portions of the website content with others through the following means when the website makes a feature available for sharing. (“Viral Distribution“):
- Sharing links of the website with friends or acquaintances for no fee
- Sharing the website content or posting links on a personal blog/website
- Sharing links of the website or copy of the website content on third party websites which allows users to post content. As long as the user follows the terms and conditions of the third party. It is also pursuant to the terms that the third party does charge for access to the materials shared.
If you do take part in Viral Distribution, you agree that you will not post any performance claims about CGM Monitors including but not limited to CGM products.
An example for a performance claim is when you state that a Revive product cures a certain disease, but it is acceptable to state that ‘Revive products are your favorite wellness products’ or ‘I love Revive vitamins!’ with your Viral Distribution.
In simpler terms, all such claims can only be made by CGM Monitors. You also agree that you will not imply that you and CGM Monitors or any CGM Monitors brand are affiliated in any way or that CGM Monitors approves of your comments.
Widgets
The website may allow you to share certain content on your personal website, blog, third party website or social networking profile page or similar pages whereby you post an HTML link of the website given by CGM Monitors and call the embedded code or similar identifying label or Widget.
Widgets are part of the website content and subject to the sharing terms of use with a revocable license as mentioned above. You agree to not make the widget available on a webpage or website that contains distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in CGM Monitors sole opinion).
As mentioned in the “Disclaimer of Warranties” section of these Terms of use, CGM Monitors makes no warranties about Widgets. CGM Monitors may stop providing the services required for operation of the widget which you might have posted without any reason and without any liability from you.
You agree to post our widget under the agreement that this does not provide you with any intellectual or property rights to the widget and any other content as this the intellectual property of CGM Monitors. In addition, CGM Monitors may disable Widgets that you include on any Personal Page if you violate these terms of use (as determined by CGM Monitors in its sole opinion or for any or no reason, without any liability to you.
You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by CGM Monitors to be displayed via a particular Widget.
Reporting copyright and other intellectual property violations
You are not to use the website for any reason that may violate the right of any third party. CGM Monitors will welcome you to report on any of the website which you believe infringes on your right. The owner of the intellectual property or a person designated and authorized to act on the person’s behalf can report on a potential infringed content.
If you believe that some parts of the website content infringe your copyright, trademark or other intellectual property right, please follow the protocols given below:
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), CGM Monitors has a designated agent for receiving notices of copyright infringement and CGM Monitors follows the notice and take down procedures of the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CGM Monitors copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide CGM Monitors with at least the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
(d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or a complaint regarding alleged violation of rights other than copyrights to CGM Monitors s copyright agent, who can be reached as follows:
Phone: (877)-373-9600
E-mail Address: hello@cgmmonitors.com
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
CGM Monitors will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
Do you follow this act, and do you have a copyright agent or someone who can be designated as one should this becomes an issue in the future?
Content and information you submit
The website may give you the opportunity to participate and post content publicly in forums, through different features which allow communication (collectively, “Community Forums“). You may choose to submit or post via Community Forums or otherwise images, videos, writings, questions, comments, suggestions or other content (collectively, “User Content“).
You agree that your user content will be treated as non-confidential and non-proprietary and will not be returned. You also agree that you either:
(i) own the rights to the User Content you submit and the right to grant all the rights and licenses in these terms of use; or
(ii) you have all the rights and licenses necessary from the owner(s) of these rights to enter into these terms of use and grant CGM Monitors the license below. Upon CGM Monitors request, you will furnish CGM Monitors any documentation necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to CGM Monitors.
You will remain the owner of your content, but you accept that CGM Monitors must have a license from you in order to accept your user content.
To this end, you allow CGM Monitors and its parents, affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives and employees (each a “CGM Monitors Party” and, collectively, the “CGM Monitors Parties”) an unrestricted, irrevocable, perpetual, transferable and royalty-free license (but under no obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your user content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that CGM Monitors is free to utilize any ideas or concepts contained in any user content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services; and creating informational articles, without any payment of any kind to you.
You authorize CGM Monitors to publish your user content in a searchable format that can be accessed by other users of the website and the internet. In the exception of being prohibited by law, you are relinquishing the right you may have on any of the user content you submit on our website and can be altered and changed if need be.
You will also agree that CGM Monitors has no obligation to monitor or enforce your intellectual property rights to your user content but has the right to protect and enforce its and its licensees’ rights to your user content.
You acknowledge and agree that CGM Monitors will not have any obligation to you with regard to your user content and that CGM Monitors may or may not monitor, display or accept your user content and may delete it at any time.
Unsolicited Ideas. It is requested that unsolicited ideas are not sent to the website or any other CGM Monitors party. We do accept unsolicited ideas and do not want any product or concept developed by us to seem by others they are a reflection of their concept, creative idea or concept.
Thus, do not send us any such unsolicited user content through any feature that allows communication. However, if you decide to make any such unsolicited Submission, you agree to grant CGM Monitors the right and license to your submission as set forth in the section “Content and Information you submit” above.
User interactions and disputes
You are responsible for your interaction or communication with any other user on the website. This is your sole discretion on how to communicate with other users of the website both online and offline. We are not liable nor responsible for the conduct of any user, we may monitor the interaction and may try to settle a dispute. We have no obligation, but we reserve the right.
Please exercise judgement and common sense when interacting with other users or posting information which may contain personal information on public community forums.
User content policy
When you upload, contribute, or otherwise provide user content on the website, they are to be in compliance with the following requirements.
- User Content must be your own. The user content that you submit must be your own or in the public domain. OR, any or all people who have contributed to the user content in any way should have allowed you or given you permission to post the user content. To post on the website and at any other forum. Upon the request CGM Monitors you will share with CGM Monitors authorizations, or any necessary documentation to verify your compliance with these Terms.
- Do not post pictures of any except for yourself or your family or friends, if you post images on the website, please make sure that you have permission to post them.
- Do not post third part content on the website including trademarked material, phrases, or logos unless you have permission to do so and they comply with the terms of use.
- The user content should not contain any music unless you wrote it and own the rights to it, no other music is to be part of the user content.
- The user content should be relevant to the content on the website or relevant to the topic in discussion. No irrelevant content is to be posted on the website.
- The user content should follow the codes of decency and should be respectful with not personal attacks. Follow codes of social decency. Be respectful. Do not make personal attacks. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited on the website. The content must not threaten, abuse or harm others. The user content should not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you think that the user content will offend someone – do not post it on the website.
- The user content on the website will not market or advertise any third party on the website.
- You are not to use the user content to raise money.
- You are not to post any user content that may violate any law and may promote violence or illegal activities. We reserve the right to take any action that we deem appropriate, in our sole discretion, including reporting you to law enforcement.
- You are not to impersonate any other person, user or company or upload or post user content you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person, CGM Monitors or any other company.
- Please keep your private information private as user content posted on public forums can be accessed by other users. The content you post on the website is your responsibility.
- You are responsible for your interaction or communication with any other user on the website. This is your sole discretion on how to communicate with other users of the website both online and offline. We are not liable nor responsible for the conduct of any user, we may monitor the interaction and may try to settle a dispute. We have no obligation, but we reserve the right. Please exercise judgement and common sense when interacting with other users or posting information which may contain personal information on public community forums.
- Don’t damage the website or anyone’s computers. User content must not contain viruses, Trojan horses, spyware, or any other technologies that could impact the operation of the website or any computer system.
Membership & registration
Certain features of the website may require you to register with us and provide information for registration. If you choose to provide said information, you will agree it will be true, current, accurate and complete. Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate.
If you do register with us, it is your sole responsibility of any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. CGM Monitors reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You are to keep your password secret and inform the website immediately if you suspect unauthorized use or access to your account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
You also agree to comply with all rules, laws and regulations that are applicable to your use of the website, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information.
You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
Contests & Promotions
The Sites may contain or offer contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or restricted to certain geographical locations. It is your responsibility to read the applicable rules to determine if your participation is valid.
Third party content, links, and applications
The website may provide links to certain websites, services, and features provided by third parties websites. They may include third party content that we do not control, maintain, or endorse. We do not control any of these third-party websites or any of their content. Thus, you understand and acknowledge that we are not responsible or liable for your use of any of those websites.
This is your own responsibility, and these websites are subject to their own terms of use and privacy policies. The payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with any such transactions, are solely between you and the third party
Social features
At your own discretion, you may use applications that allow interaction between the website and other third-party websites or online services such as you linking a product on another website or sharing a link of our website. These applications may connect with the website and gather information from your site profile, by using such Applications, you acknowledge and agree to the following:
- If you are to use an application to share information with regards to your website account, you are consenting to the information about your account being shared;
- Even if CGM Monitors does not share personal information, your use of an application may result in personal identifying information to be disclosed.
- Your use of an application is at your own option and risk, and you will not hold CGM Monitors liable for the sharing of information relating to your website account that results from the use of a application.
Linking policy
CGM Monitors grants you the retractable permission to link to the website; provided, however, that any link to the website
- Must not frame or create a browser or border environment around any of the content on the website or otherwise mirror any part of the website;
- to not create a false impression of CGM Monitors, or any CGM Monitors Brands, or the website you link to is endorsing or sponsoring any third party or its products or services, unless CGM Monitors has given the third party prior written consent;
- gives false information, tarnishes, or causes reputational harm in the CGM Monitors sole opinion, or harm CGM Monitors or its products or services;
- Cannot use any CGM Monitors trademarks without the prior written permission from CGM Monitors;
- Does not contain content to be considered as distasteful, offensive or controversial or otherwise objectionable (in CGM Monitors sole opinion)
- Must be owned and controlled by you or the person or entity placing the link, or otherwise allow you to enable such link subject to these terms of use. By linking to the website, you agree that you do and will continue to comply with the above linking requirements.
However, CGM Monitors reserves the right to prohibit linking to the website for any reason in our sole and absolute discretion.
Mobile features
The website may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include but not limited to, the ability to view the website content, upload content to the website, receive SMS or MMS messages from the website, download applications to your mobile phone or access other content (collectively, the “Mobile Features”).
We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance.
Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding CGM Monitors or a CGM Monitors Brand or product for which you signed up.
Disclaimer of warranties
The website (including, but not limited to, the website content) is provided on an “as is”, “as available” and “with all faults” basis, and does not include warranties of any kind, either implied or express. To the fullest extent permissible by law governing the United States of America, the CGM Monitors parties disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, system integration and freedom from computer virus.
The CGM Monitors parties do not warrant that your activities or use of the website is lawful in any particular jurisdiction, and the CGM Monitors parties specifically disclaim such warranties. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Without limiting the foregoing, the CGM Monitors parties do not warrant that your use of the site will be uninterrupted, defect free or secure; that errors will be fixed; or that the website or the server that makes the website available is free from any harmful components, including, but not limited to, viruses. The CGM Monitors parties do not make any representations or warranties that the information (including any instructions) on the site is accurate, complete, or useful. You acknowledge that your use of the website is at your sole risk and discretion.
You agree that you are responsible for all hardware and software including but not limited uninterrupted internet access required to access and use the website and all charges related to the use and access. It is your sole responsibility and risk to use and rely on the website. No opinion, advice, or statement of any CGM Monitors party, whether made on the website, in response to a question submitted on or through the site, or otherwise, shall create any warranty not expressly stated herein.
You recognise and agree that you are using this website on your own risk and your activities lawful in the jurisdictions(s) you are accessing the website. The CGM Monitors parties neither endorse nor are responsible for any opinion, advice, information, statement, or user content made or displayed on the site by third parties (including any user of the website) and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from such content obtained on or through the site.
Limitation of liability; waiver
Under no circumstances will the CGM Monitors parties be liable to you for any damages or loss of any kind (including, but not limited to, any direct, indirect, economic, special, punitive, incidental or consequential losses or damages) relating in any way, directly or indirectly, to:
1. The website (including, but not limited to, all website content);
2. User content;
3. Your use of the website, inability to use the website, or the performance of the website;
4. Any action taken in connection with an investigation by law enforcement authorities or CGM Monitors parties with regards to your use of the website.
5. Any action taken in connection with copyright or other intellectual property owners;
6. Any errors or omissions in the website’s technical operation; or
7. Any damage to any user’s computer, mobile device, or other equipment or technology including, but not limited to , damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the CGM Monitors 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 (including, but not limited to, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or destruction of the site). In no event will the CGM Monitors parties be liable to you or anyone else for loss, damage or injury, including, but not limited to, death or personal injury.
The only remedy If you are not satisfied or unhappy with the performance of the website or a portion of the website is to stop using it.
You agree that in the event you incur any damages, losses or injuries that arise out of CGM Monitors acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the website or any other CGM Monitors website, property, product, service, or other site content developed or controlled by the CGM Monitors parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the website or any other CGM Monitors website, property, product, service, or other site content owned or controlled by the CGM Monitors parties.
Indemnification
You agree to indemnify, defend, and hold harmless each of the CGM Monitors Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to your breach or anticipatory breach of these Terms of use or any Additional Terms;.
Termination
CGM Monitors reserves the right to terminate, suspend, or block your access to and use of the website, without notice and liability, for any reason, including, but not limited to, if CGM Monitors believes your conduct fails to conform with these Terms.
Disputes and arbitration
You agree that any action at law or in equity relating to the arbitration provision of these Terms of use will be filed only in the state or federal courts located in the state of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous
The failure of CGM Monitors to insist and ensure the strict enforcement of the terms of use does not constitute a waiver. It will not limit CGM Monitors rights with respect to such breach or any subsequent breaches. No waiver by CGM Monitors of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of CGM Monitors.
Our right to update these terms
CGM Monitors reserves the right to update, modify and edit the terms of use without any prior notice. The modified terms will be available on the website and your use of the website will be in compliance with the updated terms. Thus, it is suggested you review the terms prior to using the website and the updated terms will apply for all access and use of the website.
