Terms of Use

Last updated:  June 4, 2024

PLEASE READ THE FOLLOWING CAREFULLY.  THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (“END USER” OR “YOU”) AND HJK MEDICAL ENTERPRISES, LLC (“THE COMMONWEALTH PROJECT”, “US”, “WE”, OR “OUR”).  THESE TERMS AND CONDITIONS OF USE, TOGETHER WITH THE COMMONWEALTH PROJECT PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND THE COMMONWEALTH PROJECT  REGARDING YOUR ACCESS TO AND USE OF THE COMMONWEALTH PROJECT WEBSITE (“WEBSITE”). BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

YOU SHOULD REVIEW THIS AGREEMENT EACH TIME YOU ACCESS THE WEBSITE.  THE COMMONWEALTH PROJECT RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME.  EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE WEBSITE. BY CONTINUING TO ACCESS THE WEBSITE, YOU ACKNOWLEDGE THAT YOU WILL BE BOUND BY THE AGREEMENT.  IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD DISCONTINUE USING THE WEBSITE.  

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH THE COMMONWEALTH PROJECT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS AGREEMENT ALSO INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, RELEASES OF CLAIMS, INDEMNIFICATION, CHOICE OF LAW AND VENUE, LIMITATIONS ON CLAIMS, AND PRIVACY INFORMATION. 

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.

Scope and Acceptance 

Anyone who accesses or uses our Website is an “End User.”  The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Website and use of any and all information or data of any kind arising from access to, or use of, the Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice.  You are responsible for reviewing the Agreement regularly.  Your access to any part of the Website is deemed to be your acceptance of this Agreement, and any changes thereto.

If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

Privacy Policy 

Please see our Privacy Policy, which incorporated by reference herein, for a detailed description of how we collect, use, and disclose personal information about our End Users.

Operation and Availability of the Website

The specific features and functionality of the Website are dynamic and may change from time to time.  We reserve complete discretion with respect to the operation of the Website.  We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time. 

It is not possible to operate our Website with 100% guaranteed uptime. The Commonwealth Project will make reasonable efforts to keep our Website operational.  However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website.  You agree that The Commonwealth Project shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.

Inaccuracies

We make great efforts to provide accurate information on the Website. We disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.  The Commonwealth Project makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website.  If you believe any portion of the Website includes an error or inaccuracy, please notify us.

DISCLAIMERS

      1. NO MEDICAL ADVICE.  THE COMMONWEALTH PROJECT WEBSITE AND ALL INFORMATION MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY THE COMMONWEALTH PROJECT (INCLUDING IN ANY COMMUNICATIONS FROM THE COMMONWEALTH PROJECT), ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION ON THE WEBSITE OR OTHERWISE MADE AVAILABLE BY THE COMMONWEALTH PROJECT IS NOT INTENDED TO BE MEDICAL ADVICE NOR SHOULD IT BE CONSIDERED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  ALWAYS SEEK ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DELAY SEEKING ADVICE AND NEVER DISREGARD ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE OR ANY OTHER COMMUNICATION MADE BY THE COMMONWEALTH PROJECT.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, SEEK MEDICAL ATTENTION IMMEDIATELY.

      2. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS.  EXCEPT AS EXPRESSLY PROVIDED, THE COMMONWEALTH PROJECT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITE; AND (B) ANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.  

      3. THE COMMONWEALTH PROJECT MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE OR OTHERWISE MADE AVAILABLE BY THE COMMONWEALTH PROJECT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  THE COMMONWEALTH PROJECT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Permitted Use  

Certain materials provided through the Website are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Website that is the property of The Commonwealth Project and its licensors, and The Commonwealth Project and its licensors retain all right, title, and interest in the content.  

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of The Commonwealth Project, or any third party.  

Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not: 

  1. alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or

  1. sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or

  2. remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or

  3. use the Website for any non-authorized purpose or any illegal purpose; or

  4. copy, modify, erase, or damage any information contained on computer servers used or controlled by The Commonwealth Project or any third party; or

  5. use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or

  6. access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by The Commonwealth Project; or 

  7. impersonate or misrepresent your affiliation with any person or entity; or 

  8. use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or

  9. attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by The Commonwealth Project; or  

  10. attempt to or actually probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or

  11. attempt to or actually interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.

Third-Party Properties Referred to on the Website

Our Website may refer to studies, sites, websites, and/or products or services that are not under the control of or maintained by The Commonwealth Project (“Third-Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by The Commonwealth Project of any such Third-Party Properties.  You acknowledge that The Commonwealth Project is providing any references to such Third-Party Properties to you solely as a convenience to you, and you agree that The Commonwealth Project is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third-Party Properties. The Commonwealth Project does not endorse or make any representations about any Third-Party Properties. If you access, visit, or use any Third-Party Properties referred to on our Website, you do so at your own risk and subject to the respective Third-Party Properties’ applicable terms and policies. 

Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMMONWEALTH PROJECT OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF THE COMMONWEALTH PROJECT OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.

THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE COMMONWEALTH PROJECT WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMMONWEALTH PROJECT, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE WEBSITE; (B) YOUR VIOLATION OF THIS AGREEMENT; AND/OR (C) ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE. YOU AGREE TO COOPERATE AS FULLY AS REQUIRED BY US IN THE DEFENSE OR SETTLEMENT OF ANY CLAIM.  WE WILL PROVIDE YOU WITH TIMELY NOTICE OF ANY SUCH CLAIM, SUIT OR PROCEEDING.

ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

  1. WAIVER OF JURY TRIAL. THE COMMONWEALTH PROJECT AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS).  Such disputes include but not limited to those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.  The Commonwealth Project and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.

  2. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

  3. REQUIRED USE OF AAA.  You agree that any controversy or claim arising out of or relating to this website, your use of the website, the content of the website, therein, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or Consumer Arbitration Rules (as applicable), and judgment on the award shall be rendered by a single arbitrator and may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Palm Beach, Florida. The arbitration shall be governed by the laws of the State of Florida. The prevailing party shall be entitled to an award of reasonable attorney fees.

  4. OPT-OUT PROCEDURE. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms and Conditions of Use; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:

The Commonwealth Project c/o HJK Medical Enterprises, LLC

214 Brazilian Ave. Suite 280-A, 

Palm Beach, Florida 33480 

You must include: (1) your name and residence address; and (2) a clear statement that you want to opt out of our agreement to arbitrate.

  1. Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and The Commonwealth Project agree and consent that such disputes will be resolved in the federal or state courts in Florida and that agree to submit to personal jurisdiction and venue of the federal and state courts located in Florida.

  2. Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one (1) year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one (1) year after the dispute first arose, the arbitration will be dismissed as untimely.

  3. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with The Commonwealth Project. 

Modifications

At any time and at The Commonwealth Project’s sole discretion, we may add, delete, or modify this Agreement or the Website.  We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Updated” date at the top of this Agreement. Your continued use of the Website confirms your acceptance of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using the Website. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.

Miscellaneous

This Agreement, which includes our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and us with regard to the Website.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Our failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  We may assign our rights and duties under this Agreement to any party at any time without notice to you. 

All of our rights and obligations under our Agreement are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.  You will not transfer any of your rights or obligations under our Agreement to anyone else without our prior written consent.

Contacting Us

If you have any questions about this Agreement, please contact us at:  

The Commonwealth Project c/o HJK Medical Enterprises, LLC

214 Brazilian Ave. Suite 280-A, 

Palm Beach, Florida 33480 

Please reach out with any questions regarding this Policy by using the Contact Us form. 

 

Although The Commonwealth Project will in most circumstances be able to receive your email or other information provided, The Commonwealth Project does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information.