Terms of Use and End User License Agreement

Welcome to natch, an innovative approach to health and wellness. Your access to and use of this site (https://natch.life) and its corresponding products and services is subject to the following terms and conditions of use and end user license agreement (“Agreement”) and all applicable laws. Please read these terms carefully as they constitute a legally binding contract. This Agreement applies exclusively to your access to, and use of, this website and associated products services and does not alter in any way the terms or conditions of any other agreements you may have with natch or natch.life (hereafter “natch”). This Agreement may be changed by natch at any time in its sole discretion by posting the changes made to this Agreement, as revised, on this website. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Agreement earlier. You agree that the express acceptance by you, or your continued use of the natch website or mobile application after the posted changes, shall constitute your acceptance of this Agreement. Notwithstanding the foregoing, changes to these terms will not affect the cost of your service plan, if any, during an active term.

1. Use of the natch Service

1.1 If you do not agree to this Agreement, our Privacy Policy, or any other policy governing your access to or use of this website or services you should immediately terminate your access to or use of the site. If you have any questions regarding these terms or your access to or use of this website, please contact fasttrack@natch.life

1.2 Subject to your compliance with these terms, and your payment of any applicable service fees, we grant you a limited, nonexclusive, non-transferable, revocable right to use the natch service (the “Service”). You agree not to use the Service in any way contrary to these terms or any applicable laws. You hereby expressly agree not to repost or repurpose content from the Service for commercial purposes or to assist in the circumvention of payments by other users or potential users of the Service. natch reserves the right to restrict access to the Service, and/or terminate existing access, based on geographic location and/or violations of the provisions herein.

2. License Grant

This Agreement entitles you to access the natch service and associated products for personal and noncommercial use. This Agreement does not permit the creation of multiple copies of the service or any products, or the distribution of any natch products or services to third parties or for commercial purposes.

3. Restrictions

3.1 Restrictions on Use. You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the website or any associated product. You may not use any portion of the website or mobile application(s) (hereinafter collectively the “Software Product”) in connection with any software other than the Software Product.

3.2 Restrictions on Alteration. You may not modify the Software Product, or any other natch product, or create any derivative work of the website, products, or services, or their accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of the website, products, or services. You may not reproduce the database portion or create any tables or reports relating to the database portion.

3.3 Restrictions on Copying. You may not copy any part of the website, products, or services except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.

4. Linking to our Web Site

You are granted a limited, non-exclusive license to link to this website. This license may be revoked by natch at any time without notice or cause. Notwithstanding the foregoing, in no way will this license extend to the ability to “embed” video files on sites not controlled by natch without express written permission.

5. Prohibited Access

You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the natch website and mobile application — unless expressly permitted by natch.

6. Privacy

We respect the privacy of our visitors and encourage you to read our Privacy Policy (https://shop.natch.life/privacy-policy) so that you may make an informed decision about using our website.

7. Copyright

Unless otherwise indicated, all website and mobile application materials, including, without limitation, text, the natch name and logo, and all designs, text graphics, images, videos, and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of natch or its licensors. You may electronically copy and print to hard copy portions of this website or mobile application for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of natch – is strictly prohibited.

8. Trademarks and Infringement

natch, the natch logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of natch or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of natch. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of natch, and may not be copied, imitated or used, in whole or in part, without the prior written permission of natch. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any material on this website or mobile application infringes upon any copyright or trademark that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any intellectual property which you own or control, you may file a notification of such infringement with our legal counsel:

Wolk & Levine, LLP
550 N. Brand Blvd., Ste. 625
Glendale, CA 91203
Attn: Zack Levine, Esq.
zjl@wolklevine.com

Please provide the following with your notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

natch will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty.

9. Disclaimer

THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NATCH DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT NATCH OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NATCH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NATCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. THE NATCH SERVICE, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY NATCH, IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADVICE. THE SERVICES PROVIDED ARE MEANT TO SUPPLEMENT, NOT REPLACE, EXISTING OR RECOMMENDED MEDICAL CARE AND TREATMENT.

THERE ARE INHERENT RISKS INVOLVED IN THE PARTICIPATION IN ANY PROGRAM OF THIS NATURE AND YOUR PARTICIPATION IS KNOWING AND VOLUNTARY. IT IS YOUR RESPONSIBILITY TO MONITOR YOUR PROGRESS AND YOUR OWN HEALTH. YOU MUST USE YOUR BEST JUDGMENT IN SEEKING THE ADVICE OF MEDICAL PROFESSIONALS AND REFRAIN FROM ENGAGING IN ANY ACTIVITY THAT MAY CAUSE PHYSICAL HARM TO YOURSELF OR OTHERS. IN THE EVENT THAT YOU FEEL THAT YOU ARE NOT PHYSICALLY ABLE TO CONTINUE, OR THAT PARTICIPATION CREATES UNACCEPTABLE RISK, YOU MUST CEASE YOUR PARTICIPATION IMMEDIATELY AND CONSULT WITH A PHYSICIAN.

natch reserves the right to change any and all content contained on this website and associated products and services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by natch.

10. Limitation of Liability

IN NO EVENT SHALL NATCH OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MOBILE APPLICATION OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE OR MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NATCH, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NATCH’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NATCH (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE NATCH WEBSITE OR MOBILE APPLICATION EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NATCH FOR ACCESS TO OR USE OF THIS WEBSITE OR MOBILE APPLICATION OR OTHER SERVICES.

11. Severability and Non-Waiver

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of natch to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of natch’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

12. Force Majeure

natch will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.

No “up time” guarantee is made with any agreement for Services.

13. Merger
This Agreement constitutes the entire Agreement between the user and natch concerning the use of this website and mobile application, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

14. Dispute Resolution

14.1 Scope. Any and all controversies, claims or disputes arising out of or related to this Agreement or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:
14.2 Choice of Forum. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final, confidential, and binding arbitration. The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator
14.3 Applicable Law. The arbitrator shall follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of the Los Angeles Superior Court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in California. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.
14.4 Miscellaneous. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in California.

15. Termination
Notwithstanding any of this Agreement, natch reserves the right, without notice and in its sole discretion, to terminate your use of this website and/or mobile application and to block or prevent future access to and use of this website and/or mobile application.

QUESTIONS AND CONTACT INFORMATION
General questions or comments about the natch website and service may be directed to fasttrack@natch.life