Terms of Use

By accessing, browsing, or otherwise using the Dewstate (“Company”) website (“Site”), You: (a) accept without limitation or qualification the Site’s Terms of Use as set out below, and (b) acknowledge You have had an opportunity to review our Privacy Policy, a copy of which is linked on our Site, and You fully consent to each of our practices as set out in the Privacy Policy. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, OR IF YOU DO NOT CONSENT TO THE PRACTICES DESCRIBED IN OUR PRIVACY POLICY, PLEASE DO NOT ACCESS OR CONTINUE TO USE OUR SITE.

The Site is intended to provide information about the Company and the services and products it offers to potential, current, or former patients or customers. The information on the Site may not constitute the most current or complete information with respect to the products or services offered and is not intended to be an endorsement of any product. You should always consult with a trained medical professional prior to undergoing any treatment.

The Site does not provide and should not be construed as providing medical advice. You should not take or refrain from taking any action based on information on this Site.

The Company retains complete discretion to approve, disapprove, post, delete, or verify comments posted through the Site on our blogs, feeds, or newsletters, and to bar anyone from accessing or posting on our blogs, feeds, or newsletters.

We retain the right to modify these Terms of Use, and any modification will take effect immediately upon the Company posting the updated Terms of Use, and the earlier of Your subsequent access to the Site or Your receipt of notification of change.

Agreement to Arbitrate all Disputes; Class Action and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE COMPANY TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

Notice of Dispute and Informal Resolution Period. The party asserting a Dispute shall provide a written Notice of Dispute to the other party. The Notice of Dispute shall include the party’s name and contact information (physical address, email address, and phone number) and contact information for any legal representative; describe the facts and circumstances (including by attaching any relevant documentation) and the relief requested; and allow the receiving party sixty (60) days in which to respond. The Notice of Dispute shall be sent by first class or registered mail to the Company’s current registered agent with a courtesy copy to info@dewstate.com. The Notice of Dispute must be signed with wet ink signature by You or a corporate representative, as applicable.

You and the Company agree that the receiving party shall have sixty (60) days after receipt of a Notice of Dispute to investigate the Dispute. If either side requests a conference during this sixty (60) day “Informal Resolution Period,” then You and the Company agree to schedule that conference by phone or videoconference and to personally participate in it in good faith. Either side can bring counsel, but the conference must be individualized to our Dispute, even if counsel represents other parties. For claims covered by the Notice of Dispute, any statute of limitations and filing fee deadlines will be tolled from the date the Notice is received until the later of (i) sixty (60) days, or (ii) after a timely requested settlement conference is completed.

You and the Company agree that completing the Notice of Dispute, the sixty (60) day Informal Resolution Period, and any timely requested settlement conference are conditions precedent to filing an arbitration (and to the arbitration provider accepting that filing), and that an arbitrator can dismiss an arbitration or a court can enjoin the filing or prosecution of an arbitration in breach of these pre-arbitration dispute resolution requirements. If You or the Company seek an injunction from a court on this basis, then You and the Company agree that the arbitration (and any obligation to pay arbitration fees) will be stayed until that request is resolved and all appeals are exhausted.

Arbitration. This section sets out our agreement for resolving all disputes relating to Your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. In the event of any dispute of any nature whatsoever relating to Your use of our website, past, present or future, in law or in equity, including the determination of the scope or applicability of this agreement to arbitrate, You and the Company agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator in-person in Tallahassee, Florida or via Zoom under the applicable JAMS Streamlined Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS Streamlined Arbitration Rules and Procedures rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this section.

Regarding any dispute, the substantive law of the state of Florida applies and the arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, You and Company agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

As used herein, Company means and includes Dewstate and its past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Company; (b) companies with which Company may share data regarding Your use of the Company’s websites, including by way of illustration and not limitation, website analytics companies.

Under no circumstances will the Company be liable for any direct, indirect, consequential, special, or punitive damages, including lost profits, that arise out of or are related to Your use of the Site. You agree to defend, indemnify, and hold the Company harmless from any liability to third parties arising from or related to Your use of the Site, or Your breach of these Terms of Use.

Chat Service or AI Usage. By using any chat service on the Site, you acknowledge and agree to our Terms of Use. Please avoid disclosing any personal or sensitive information within the chat. This chat may be recorded for quality assurance purposes and any personal information you share may be collected, stored, and processed, in accordance with our Privacy Policy. Any chat service may use generative artificial intelligence (AI) which may provide untrue or inaccurate results. Please review and confirm the validity of any feedback provided. Any chat service or AI usage is not authorized to make any promises about the Company or its products. Your use of any chat service, or receipt of any information from AI usage on the Site is AS-IS, and we disclaim any responsibility or liability related to your use to the fullest extent permitted by law. None of the information generated by any chat service or AI should be interpreted as legal, professional, financial, or medical advice. If you have medical questions, please consult a medical professional.