Last Modified: October 23, 2019
|THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.|
Accessing the Website
We reserve the right to update the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Members and Independent Associates.
Third Party Content
The Website may contain third party content such as third-party intellectual property, as described in the “Intellectual Property Rights” section, and links to other sites and resources provided by third parties. This includes, without limitation, advertisements and sponsored links. We have no control over the contents of those sites or resources. You interact with these links at your own risk. Company disclaims any responsibility for these links and any harm or claims that may arise from your interaction with them.
Website Registration and Data Use
If you choose, or are provided with, a username, password or any other piece of information for Registered Use, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to this Website using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username and/or password or any other breach of security. Violating any of these terms can result in Company disabling Your access to the Website and/or terminating your account.
Intellectual Property Rights
The Company owns or has a license to the features, functionality, content, information, software, text, displays, images, video and audio, names, logos, product and service names, designs, slogans, trademarks, Company Trademarks (including but not limited to HC Wellness, and the Company logo), copyrights, service marks, the design, selection and arrangement thereof, of the Website, all of which are and/or may be protectable under United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively “Material”). The Company does not grant any license or other authorization to any of its Material by placing Material on the Website. All rights not expressly granted are reserved by the Company.
You may not reproduce, distribute, modify, delete, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material. If you violate any of these Terms, your access to the Website automatically terminates.
Website Use and License
Prohibited access and/or use of the Website includes, but is not limited to use and/or access by You via any means that:
- Is commercial, including but not limited to, sending out solicitation, spam, or junk mail.
- Is in violation of any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or for harming minors)
- Impersonates or attempts to impersonate the Company, a Company employee, another user or any other person or entity
- Restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Is or may overburden, damage, interfere with, or impair the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or any accounts associated with third parties in effectuating the functioning of the Website.
- Involves data mining, robots, or similar data gathering and extraction tools or processes.
- Involves theft, attack, or manipulation of any data.
in the manner and by the means set forth therein.
Any User Contributions you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive right to use, reproduce, modify, perform, display, revise, distribute and otherwise disclose to third parties any User Contributions for any purpose.
You represent and warrant that all User Contributions provided by You are complete, up-to-date, accurate, in compliance with all applicable laws, rules, and regulations, and that You have the rights to post the User Contributions to the Website and the rights to grant the licenses to the User Contributions to the Company, our affiliates and service providers, and each of their and our respective licensees, successors and assigns, as described in this Section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any violence, illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Exceptions to Limitations and Exclusions of Liability.
We make no representation or warranty that the site and site content are appropriate or available for use in locations outside the United States of America. Accessing the site or any site content from territories in which such access is illegal is prohibited. You agree that if you choose to access the site from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
Governing Law and Jurisdiction
Disputes and Arbitration Agreement
The Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, except as expressly limited by these Terms, an arbitrator can award on an individual basis the same damages and must follow the terms of these Terms as a court would.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator(s) may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If a dispute arises, we strongly encourage you to first contact our Customer Service Department. We value our relationships with our users and will try to resolve your claims informally and quickly.
If your dispute is not resolved by our Customer Service Department, before beginning arbitration, you must send a written notice describing the claim to firstname.lastname@example.org
If your dispute has not been resolved within 30 days of sending the notice to email@example.com, you may then commence mediation and, if necessary, arbitration, according to the following procedures:
1) Mandatory Mediation. If your dispute cannot be resolved through direct discussions pursuant to the process described above, then You and We agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration.
2) Mandatory Arbitration
- Any dispute that cannot be resolved through mediation pursuant to the process described above shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- If a dispute proceeds to arbitration, such arbitration shall be conducted according to the following procedures and governing law:
- Claims shall be heard by a single arbitrator, unless the claim amount exceeds $100,000.00 (One Hundred Thousand Dollars), in which case the dispute shall be heard by a panel of three arbitrators.
- The place of arbitration shall be Houston, Texas.
- The arbitration shall be governed by the laws of the State of Texas.
- Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
- The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.
- The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
- Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.
- Failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
- If the claim amount exceeds $100,000.00 (One Hundred Thousand Dollars), then the award of the arbitrator(s), if any, shall be accompanied by a reasoned opinion.
3) Confidentiality. Except as may be required by law, neither a party nor a mediator or arbitrator may disclose the existence, content, or results of any mediation or arbitration hereunder without the prior written consent of both parties.
Waiver and Severability
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org or via our toll-free number: 855-544-7726.