Total Hangover Prevention

TERMS OF SERVICE – TotalHangoverPrevention.com

Last updated on: April 10, 2022

PLEASE READ THIS DOCUMENT CAREFULLY.

TotalHangoverPrevention.com (the “ Total Hangover Prevention Site”, “Site”, “Total Hangover Prevention”, “Service”, “we” or “us”) is an online service. By using the Site or Service in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and TotalHangoverPrevention.com. You should also read and understand the TotalHangoverPrevention.com Privacy Policy, which is incorporated by reference into this Agreement and is available on the TotalHangoverPrevention.com site.

Prior to using the Site or Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Site or Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, expressed or implied, with respect to the Service or your use of the Service.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE SERVICES.

By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

Please contact us with any questions regarding this Agreement.

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY HEALTH RELATED PROGRAMS OR SERVICES.

NOTHING STATED OR POSTED ON THE SITE OR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.

YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK.

TOTALHANGOVERPREVENTION.COM AND ANYONE ASSOCIATED WITH TOTALHANGOVERPREVENTION.COM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE TOTALHANGOVERPREVENTION.COM SITE OR TOTAL HANGOVER PREVENTION PRODUCTS OR SERVICES.

WHO MAY USE THE TOTALHANGOVERPREVENTION.COM SITE AND TOTAL HANGOVER PREVENTION SERVICES

AGE REQUIREMENT: You must be at least 18 years old to use the Site and/or Service.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Site and Service. If your child is using the Site or Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Site or Service, please contact us at mark@TotalHangoverPrevention.com.

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING ANY HEALTH RELATED PROGRAMS OR SERVICES TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF ANY ILLNESS. DO NOT USE THE SITE OR SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.

THE SITE AND SERVICE OFFERS HANGOVER AND HEALTH INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY TOTAL HANGOVER PREVENTION SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE OR SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

GENERAL DISCLAIMERS

The Site and Service are provided on an “as is” and “as available” basis. You therefore use the Site and Service at your own risk.
The Site and Service expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness and nutrition for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, the Site and Service make no representations or warranties:

  • That the Site or Service or any particular fitness and nutrition program is suitable for you;
  • Regarding the adequacy or safety of the Site or Service for any particular user;
  • That the Site or Service will meet your personal needs;
  • That the Site or Service will be permitted in your jurisdiction;
  • That the Site or Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That Site or Service will continue to support any particular feature of the Site or Service; or
  • Concerning sites and resources outside of the Site or Service, even if linked to from the Site or Service.

TotalHangoverPrevention.com and Total Hangover Prevention reserves the right to modify the TotalHangoverPrevention.com and Total Hangover Prevention Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TotalHangoverPrevention.com and Total Hangover Prevention Service. TotalHangoverPrevention.com and Total Hangover Prevention has no obligation to screen or monitor device.
To the extent that a secondary party may have access to or view TotalHangoverPrevention.com and Total Hangover Prevention content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TotalHangoverPrevention.com and Total Hangover Prevention Service, and no warranties shall apply after such period.
We do not guarantee that any content made available on the TotalHangoverPrevention.com and Total Hangover Prevention Service complies with this Agreement or is suitable for all users. TotalHangoverPrevention.com and Total Hangover Prevention shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display.

LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) in no event shall TotalHangoverPrevention.com and Total Hangover Prevention, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) TotalHangoverPrevention.com’s and Total Hangover Prevention’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to TotalHangoverPrevention.com and Total Hangover Prevention over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.

PRIVACY

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • When and with whom we share that information.

CONSENT TO EMAIL: When you become a Subscriber, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

SUBSCRIPTION PROVISIONS

SUBSCRIPTION: To fully use the TotalHangoverPrevention.com and Total Hangover Prevention Service, you must subscribe by providing your name and valid email address. You must provide complete and accurate registration information to TotalHangoverPrevention.com and Total Hangover Prevention and notify us if your information changes.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by TotalHangoverPrevention.com and Total Hangover Prevention. If you wish to inquire about possible commercial use, please contact us at mark@TotalHangoverPrevention.com.
TotalHangoverPrevention.com and Total Hangover Prevention may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

TERM AND TERMINATION; ACCOUNT DELETION

TERM: This Agreement begins on the date you first use the TotalHangoverPrevention.com and Total Hangover Prevention Service and continues as long as you have a subscription with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to click “unsubscribe”, located at the bottom of each email.
You will receive a notification confirming that you have canceled your account.

TERMINATION FOR BREACH: TotalHangoverPrevention.com and Total Hangover Prevention may suspend, disable, or delete your subscription (or any part thereof) or block or remove any content you submitted if TotalHangoverPrevention.com and Total Hangover Prevention determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TotalHangoverPrevention.com’s and Total Hangover Prevention’s reputation or goodwill. If TotalHangoverPrevention.com and Total Hangover Prevention deletes your account for the foregoing reasons, you may not re-register for the TotalHangoverPrevention.com and Total Hangover Prevention Service. TotalHangoverPrevention.com and Total Hangover Prevention may block your email address and Internet protocol address to prevent further subscription. TotalHangoverPrevention.com and Total Hangover Prevention is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your subscription.
After your subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

CONTENT RESTRICTIONS

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Advocates harassment or intimidation of another person;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • Depicts animal cruelty or extreme violence towards animals; or
  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

CODE OF CONDUCT AND PROHIBITED ACTIVITIES

In using the TotalHangoverPrevention.com and Total Hangover Prevention Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • “frame” or “mirror” any part of the Service or the Site;
  • use meta tags or code or other devices containing any reference to TotalHangoverPrevention.com and Total Hangover Prevention, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of TotalHangoverPrevention.com and Total Hangover Prevention) to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service within the TotalHangoverPrevention.com and Total Hangover Prevention Site;
  • Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
  • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.; or
  • Participate in any activity that in any way violates any law.

TotalHangoverPrevention.com and Total Hangover Prevention has the right, but not the obligation, to monitor all conduct on and content submitted to the TotalHangoverPrevention.com and Total Hangover Prevention Service. TotalHangoverPrevention.com and Total Hangover Prevention reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
TotalHangoverPrevention.com and Total Hangover Prevention reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that TotalHangoverPrevention.com and Total Hangover Prevention may access, preserve and disclose your subscription information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

SUBMISSIONS

As between you and TotalHangoverPrevention.com and Total Hangover Prevention, you own all content that you submit to the TotalHangoverPrevention.com and Total Hangover Prevention Service, whether directly via the TotalHangoverPrevention.com and Total Hangover Prevention Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to TotalHangoverPrevention.com or Total Hangover Prevention, you are granting TotalHangoverPrevention.com and Total Hangover Prevention and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the TotalHangoverPrevention.com and Total Hangover Prevention Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to TotalHangoverPrevention.com and Total Hangover Prevention on improving or adding new features to the TotalHangoverPrevention.com or Total Hangover Prevention Service, TotalHangoverPrevention.com and Total Hangover Prevention shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to TotalHangoverPrevention.com and Total Hangover Prevention and grant the licenses set forth above; (ii) TotalHangoverPrevention.com and Total Hangover Prevention will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TotalHangoverPrevention.com and Total Hangover Prevention and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the TotalHangoverPrevention.com and Total Hangover Prevention Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to TotalHangoverPrevention.com and Total Hangover Prevention violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. TotalHangoverPrevention.com and Total Hangover Prevention reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TotalHangoverPrevention.com and Total Hangover Prevention in connection therewith.

LICENSE TO USE TotalHangoverPrevention.com and Total Hangover Prevention SERVICE

LICENSE: TotalHangoverPrevention.com and Total Hangover Prevention grants you a limited, non-exclusive license to access and use the TotalHangoverPrevention.com and Total Hangover Prevention Service for your own personal, non-commercial purposes. This includes the right to view content available on the TotalHangoverPrevention.com and Total Hangover Prevention Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by TotalHangoverPrevention.com and Total Hangover Prevention in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the TotalHangoverPrevention.com and Total Hangover Prevention Service. Nor will you take any measures to interfere with or damage the TotalHangoverPrevention.com and Total Hangover Prevention Service. All rights not expressly granted by TotalHangoverPrevention.com and Total Hangover Prevention are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the TotalHangoverPrevention.com and Total Hangover Prevention Service through any applications or device constitutes your agreement to be bound by these Terms.
Any TotalHangoverPrevention.com and Total Hangover Prevention application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Total Hangover Prevention Inc. (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the TotalHangoverPrevention.com and Total Hangover Prevention Application, you will be:

  • installing a software program on your product in the form of an application;
  • entering into this contract with Total Hangover Prevention Inc. governing your use of the application.

THIRD PARTY LINKS AND CONTENT

Certain links on the TotalHangoverPrevention.com and Total Hangover Prevention Sites and/or the TotalHangoverPrevention.com and Total Hangover Prevention Service may let you leave the particular TotalHangoverPrevention.com and Total Hangover Prevention Site or TotalHangoverPrevention.com and Total Hangover Prevention Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that TotalHangoverPrevention.com and Total Hangover Prevention does not control these sites, nor has TotalHangoverPrevention.com and Total Hangover Prevention reviewed or approved the content which appears on the linked sites. TotalHangoverPrevention.com and Total Hangover Prevention is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that TotalHangoverPrevention.com and Total Hangover Prevention shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the TotalHangoverPrevention.com and Total Hangover Prevention Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TotalHangoverPrevention.com and Total Hangover Prevention shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

INTELLECTUAL PROPERTY

You acknowledge that the TotalHangoverPrevention.com and Total Hangover Prevention Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All TotalHangoverPrevention.com and Total Hangover Prevention-generated Content and Content developed for TotalHangoverPrevention.com and Total Hangover Prevention by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. and Canada copyright laws; further, TotalHangoverPrevention.com and Total Hangover Prevention owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the TotalHangoverPrevention.com and Total Hangover Prevention Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The TotalHangoverPrevention.com and Total Hangover Prevention name, logos and affiliated applications and technologies are the exclusive property of TotalHangoverPrevention.com and Total Hangover Prevention. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
TotalHangoverPrevention.com and Total Hangover Prevention owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

COPYRIGHT / DMCA POLICY

TotalHangoverPrevention.com and Total Hangover Prevention respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the TotalHangoverPrevention.com and Total Hangover Prevention Site do not infringe any third party copyright.
TotalHangoverPrevention.com and Total Hangover Prevention will promptly remove materials from the TotalHangoverPrevention.com and Total Hangover Prevention Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, TotalHangoverPrevention.com and Total Hangover Prevention may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where on the TotalHangoverPrevention.com and Total Hangover Prevention Site the material that you claim is infringing may be found, sufficient for TotalHangoverPrevention.com and Total Hangover Prevention to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. Your electronic or physical signature.

You may submit this information via email: mark@TotalHangoverPrevention.com.

Filing a DMCA Counter-notification to Restore Removed Content—for TotalHangoverPrevention.com and Total Hangover Prevention Users
If you believe that your material has been removed by mistake or misidentification, please provide TotalHangoverPrevention.com and Total Hangover Prevention with a written counter-notification containing the following information:

  1. Your name, address, and telephone number.
  2. A description of the material that was removed and the location on the TotalHangoverPrevention.com and Total Hangover Prevention Site (e.g., the URL) where it previously appeared.
  3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which TotalHangoverPrevention.com and Total Hangover Prevention may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  5. Your electronic or physical signature.

You may submit this information via email: mark@TotalHangoverPrevention.com

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

Warning
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
TotalHangoverPrevention.com and Total Hangover Prevention may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

GENERAL PROVISIONS

ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against TotalHangoverPrevention.com and Total Hangover Prevention in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against TotalHangoverPrevention.com and Total Hangover Prevention or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TotalHangoverPrevention.com and Total Hangover Prevention or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TotalHangoverPrevention.com and Total Hangover Prevention (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Calgary County, Alberta. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and TotalHangoverPrevention.com and Total Hangover Prevention, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TotalHangoverPrevention.com and Total Hangover Prevention in exercising any right hereunder will waive any further exercise of that right. TotalHangoverPrevention.com and Total Hangover Prevention’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TotalHangoverPrevention.com and Total Hangover Prevention’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TotalHangoverPrevention.com and Total Hangover Prevention electronically. TotalHangoverPrevention.com and Total Hangover Prevention may provide all such communications by email or by posting them on the TotalHangoverPrevention.com and Total Hangover Prevention Service. For support-related inquiries, you may send an email to mark@TotalHangoverPrevention.com.
Nothing herein shall limit TotalHangoverPrevention.com and Total Hangover Prevention’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TotalHangoverPrevention.com and Total Hangover Prevention on the TotalHangoverPrevention.com and Total Hangover Prevention Site or a written amendment signed by an authorized representative of TotalHangoverPrevention.com and Total Hangover Prevention. A revised Terms of Service will be effective as of the date it is posted on the TotalHangoverPrevention.com and Total Hangover Prevention Site.

Refund Policy

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ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

  1. Privacy Policy
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