HotPause Health, Inc. Terms of Use

Last Updated: April 1, 2026

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THEM CAREFULLY.

These Terms of Use (“TOU”) are entered into by and between you and HotPause Health, Inc. (“HotPause Health,” “we,” “us,” or “our”). The following TOU govern your access to and use of hotpausehealth.com, including any content, functionality, and services offered on or through hotpausehealth.com (collectively, the “Site” and “Services”). Please read these TOU carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not agree to these TOU, you must not access or use the Site and/or its Services.

This Site is offered and available to users who are at least the age of majority in their state of residence. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. About the Site and Services

HotPause Health operates an e-commerce Site and provides related Services. The Services include, without limitation, tools, applications, email services, our online store for menopause and perimenopause health and wellness products, calendars, reviews, and downloadable mobile applications.

Our online store features both HotPause Health branded products and curated products sourced from independent suppliers. Our Site and Services are hosted on the Shopify e-commerce platform (“Shopify”). By using our Site and Services, you also agree to comply with Shopify’s Terms of Service (available at https://www.shopify.com/legal/terms) and acknowledge Shopify’s privacy practices (available at https://www.shopify.com/legal/privacy). HotPause Health is the merchant of record for all sales made through the Site.

2. Medical Disclaimer

THE SITE AND SERVICES OFFER HEALTH, FITNESS, NUTRITION, AND WELLNESS-RELATED INFORMATION, BUT ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, MENOPAUSE, PERIMENOPAUSE, OR ANY CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH-CARE PROFESSIONAL.

DO NOT 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 THROUGH THE SERVICES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. HOTPAUSE HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. HOTPAUSE HEALTH DISCLAIMS ANY LIABILITY FOR ANY DECISIONS MADE BASED ON THE INFORMATION PROVIDED ON THIS SITE.

Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care, including without limitation psychiatry, psychology, psychotherapy, pharmacy, nutrition counseling, fitness counseling, or providing health care treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the topics discussed on the Site, and no assurance can be given that the information will always include the most recent findings or developments with respect to the particular topic.

Your access or use of the Site and Services does not create a physician/patient, confidential, or privileged relationship. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products, or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site, our employees, or guests or visitors to the Site, you do so solely at your own risk.

Products sold on the Site are not intended to diagnose, treat, cure, or prevent any disease unless specifically approved by the U.S. Food and Drug Administration (“FDA”) and labeled accordingly. Product statements and claims have not been evaluated by the FDA unless expressly stated otherwise.

3. User Obligations

You agree to abide by all applicable local, state, and federal laws and regulations with respect to your use of the Site and Services. You acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to or from a site over the Internet or other form of global communication network cannot be guaranteed. HotPause Health is not responsible for the security of any information transmitted to or from the Site. HotPause Health reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason.

4. License Grant

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-commercial, non-transferable license to use the Site and Services conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices.

5. Prohibited Activities

In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:

  • Copy, reverse engineer, reverse assemble, or otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the Site or the Services.

  • Access the Site or Services by any means other than through standard industry-accepted or HotPause Health-provided interfaces.

  • Post or transmit any material that contains a virus, malicious code, or corrupted data.

  • Delete any author attributions, legal notices, or proprietary designations or labels.

  • Violate any applicable law, rule, or regulation, or use the Site and/or the Services for any purpose prohibited by these TOU.

  • Manipulate or otherwise display the Site using framing or similar navigational technology.

  • Register, subscribe, or unsubscribe any party for any HotPause Health product or service without their express authorization.

  • Use the Site or Services in any manner that could damage, disable, overburden, or impair HotPause Health’s or Shopify’s servers or networks, or interfere with any other user’s use and enjoyment.

  • Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems, or networks connected to HotPause Health or Shopify through hacking, password mining, or any other means.

  • Harvest or collect information about other users without their consent.

  • Rent, lease, lend, sell, transfer, redistribute, or sublicense the Site or Services.

  • Use the Site in any manner that could damage, disparage, or otherwise negatively impact HotPause Health.

  • Attempt to purchase products for the purpose of resale without HotPause Health’s prior written consent. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  • Use any automated means (including bots, scrapers, or spiders) to access the Site or Services, or to collect product pricing, inventory, or other information.


WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY HOTPAUSE HEALTH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

6. Your Content

By sending or transmitting content, images, video, audio files, creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) to us, or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale, and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to HotPause Health shall be fully paid up and royalty free.

You represent and warrant that: (a) you own or control all rights in and to the Submission Materials and have the right to grant the license above; (b) any person or entity named or pictured in such Submission Materials has provided necessary licenses, rights, or authorizations; and (c) all of your Submission Materials comply with these TOU.

7. E-Commerce Transactions

7.1 General Purchase Terms

Products and services are offered for sale on the Site by HotPause Health. When you make a purchase, you will be asked to supply information including your full name, address, telephone number, email address, and payment information. You agree that all information provided shall be accurate, complete, and current. You are responsible for all charges incurred through your account as well as applicable taxes.

7.2 Payment Processing

Payments are processed through Shopify Payments and/or other third-party payment processors. By providing your payment information, you agree that HotPause Health and/or our third-party payment service providers are authorized to charge your account for all fees and charges due as a result of your order. We reserve the right to increase charges and fees upon reasonable advance notice. If payment cannot be charged or is refunded (including chargebacks), we reserve the right to suspend or terminate your access and account.

Your payment card information is processed and stored by our third-party payment processors and is not stored on HotPause Health’s servers. Payment processing is subject to the terms and privacy policies of the applicable payment processor.

7.3 Product Availability and Pricing

All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to limit the quantities of any products or services, to discontinue any product or the Site or Services at any time, and to refuse any order. We make every effort to display product colors and images accurately, but we cannot guarantee that your device’s display will be accurate. You agree that your order is an offer to buy, under these TOU, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. 

7.4 Subscription Services

If access to any Service requires a recurring payment, you agree that we (or our third-party payment provider) may automatically invoice your account at the beginning of each recurring period. To review billing terms or terminate a subscription service, please email hello@hotpausehealth.com.

8. Shipping, Returns, and Refunds

8.1 Shipping

HotPause Health ships products within the United States only. Shipping times and methods vary depending on the product and the fulfillment source. Some products on our Site are sourced from independent suppliers (“Suppliers”) through Shopify Collective and similar supplier-retailer arrangements (“Supplier-Fulfilled Products”) and ship directly from the Supplier and may have different delivery timeframes than products shipped by HotPause Health. Estimated delivery times are not guaranteed. HotPause Health is not responsible for delays caused by shipping carriers, weather, or other circumstances beyond our control.

8.2 Returns and Refunds

Our return and refund policy is set forth separately on the Site. Please review the applicable return policy before making a purchase, as return windows and conditions may differ for Supplier-Fulfilled Products. Certain products (such as opened health and wellness consumables, personalized items, or intimate care products) may not be eligible for return due to health and safety regulations. All return and refund requests should be directed to HotPause Health.

9. Intellectual Property

The Site and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, excluding Submission Materials or third-party content) are owned and operated by HotPause Health, its licensors, or other providers and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not acquire any ownership rights by downloading any materials from the Site or Services.

10. Third-Party Content and Linked Sites

Any opinions, advice, statements, services, advertisements, offers, or other content expressed or made available through the Site by third parties, including Suppliers, information providers, and advertisers, are those of the respective authors or distributors and not HotPause Health. Neither HotPause Health nor its affiliates guarantee the accuracy, completeness, or usefulness of any content.

The Site may contain links to third-party websites (“Linked Sites”). HotPause Health provides these links as a convenience but does not control or endorse Linked Sites and is not responsible for their content, accuracy, legality, or appropriateness. Your use of Linked Sites is at your own risk. You acknowledge and agree that HotPause Health 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.

11. Sweepstakes, Contests, and Promotions

If HotPause Health conducts sweepstakes, contests, or promotions, the rules governing each will be accessible through a link prominently displayed on the relevant page. By entering or participating, you agree to be subject to those rules. Please read the rules carefully before participating.

12. Chatbot

HotPause Health provides an automated system designed to answer user questions and provide information related to our Site and Services, including product recommendations (the “Chatbot”). While we strive to provide accurate information through the Chatbot, we cannot guarantee the accuracy and/or the completeness of the information provided. The Chatbot may, at times, provide information that is inaccurate or incomplete. Therefore, we encourage you to verify any information provided by the Chatbot before taking any action or making any decisions based on the information received. HotPause Health assumes no responsibility or guarantee for the accuracy or completeness of the information provided or the effectiveness of any products recommended by the Chatbot. HotPause Health and its employees and representatives do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of the Chatbot. Be aware that Chatbot conversations may be reviewed by our teams to improve results. Do not share any personal information in your conversation through the Chatbot that is not useful and/or requested for handling your assistance request. By using the Chatbot, you acknowledge and agree to this disclaimer and its terms. If you do not agree with this disclaimer, please do not use the Chatbot.

13. Accounts, Passwords, and Security

If any of the Site or Services require you to open an account, you must complete the registration process with current, complete, and accurate information. You are entirely responsible for maintaining the security and confidentiality of your account and password. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify HotPause Health immediately of any unauthorized use of your account or any other breach of security. HotPause Health, its affiliates, and Shopify will not be liable for any loss you incur as a result of someone else using your password or account.

14. Privacy

HotPause Health’s policies with respect to the collection and use of your personally identifiable information are set forth in our Privacy Policy, which is incorporated by reference into these TOU. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY. 

15. Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OFFERED, OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOTPAUSE HEALTH, ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (ii) ANY INFORMATION OBTAINED IS ACCURATE, RELIABLE, OR COMPLETE; (iii) DEFECTS WILL BE CORRECTED; (iv) ANY SOFTWARE, SERVICES, SITE, OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) ANY PRODUCTS SOLD THROUGH THE SITE (INCLUDING SUPPLIER-FULFILLED PRODUCTS) WILL MEET YOUR EXPECTATIONS, BE SAFE FOR YOUR USE, OR BE FREE FROM DEFECTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS SOLD OR ADVERTISED ON THE SITE, INCLUDING ANY HEALTH, WELLNESS, OR MENOPAUSE-RELATED CLAIMS. THIS INCLUDES SUPPLIER-FULFILLED PRODUCTS THAT ARE MANUFACTURED BY THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICINE, MEDICATION, SUPPLEMENT, OR WELLNESS PRODUCT OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.

16. Limitation of Liability

NEITHER HOTPAUSE HEALTH NOR ITS DIRECTORS, OFFICERS, MEDICAL AND HEALTH ADVISORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, OR SPONSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO:

  • (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES;

  • (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES;

  • (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE;

  • (iv) ANY PRODUCT PURCHASED OR OBTAINED THROUGH THE SITE, INCLUDING SUPPLIER-FULFILLED PRODUCTS;

  • (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE;

  • (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, OR ALTERATION OF ANY CONTENT ON THE SITE;

  • (vii) ANY ALLERGIC REACTION, ADVERSE HEALTH EFFECT, INJURY, OR ILLNESS RESULTING FROM THE USE OF ANY PRODUCT PURCHASED THROUGH THE SITE;

  • (viii) ANY ISSUES ARISING FROM SUPPLIER FULFILLMENT, INCLUDING SHIPPING DELAYS, DAMAGED PRODUCTS, OR INCORRECT SHIPMENTS; OR

  • (ix) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF HOTPAUSE HEALTH OR ITS AFFILIATES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not disclaim any implied warranty or limit liabilities as a matter of applicable law, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.

17. Indemnification

Except to the extent prohibited by law, you agree to indemnify, defend, and hold HotPause Health and its affiliates, officers, directors, agents, employees, and representatives harmless from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from: (i) your violation of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark, or other intellectual property or other rights of a third party; (iii) your violation of applicable laws or regulations; (iv) your access to or use of the Site or the Services; or (v) your purchase or use of any product obtained through the Site, including any Supplier-Fulfilled Product.

18. Product Safety and Assumption of Risk

You acknowledge that menopause and perimenopause health and wellness products, including supplements, topical products, and wellness devices, may carry inherent risks. You assume all risks associated with the use of any product purchased through the Site, including Supplier-Fulfilled Products. You are solely responsible for consulting with your healthcare provider before using any health or wellness product, particularly if you have pre-existing medical conditions, are taking medication, or are pregnant or nursing.

HotPause Health makes no guarantee regarding the efficacy, safety, or suitability of any product sold on the Site. While we carefully curate the products and Suppliers featured on our Site, we do not manufacture Supplier-Fulfilled Products and cannot independently verify all product claims. Product results may vary. You should carefully read all product labels, warnings, and instructions before use.

19. Copyright Policy (DMCA)

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HotPause Health infringe your copyright, you or your agent may send a notice requesting removal. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details).

You may notify HotPause Health’s Copyright Agent at: hello@hotpausehealth.com

20. Linking to the Site

We reserve the right to disallow you from linking to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any links to the Site. Links must be text-only, must clearly include the URL, must not create a false impression of association or endorsement with HotPause Health, and must not be used in connection with any website that is offensive, obscene, defamatory, or otherwise malicious.

21. Termination

To the fullest extent permitted by applicable law, HotPause Health, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content from the Site or Services, at any time and for any or no reason, including for violating these TOU. You agree that actions taken under this Section may be effective without prior notice. You may terminate these TOU at any time by deleting your account and discontinuing use of the Site and all Services.

Upon termination, all rights and licenses granted to you under these TOU will immediately cease. Any provisions that by their nature should survive termination will survive, including without limitation ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

22. Governing Law

This Site is operated from the U.S. All matters arising out of or relating to these TOU are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.

23. Waiver and Severability

The failure of HotPause Health to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

24. Successors and Assigns

We may perform any of our obligations or exercise any of our rights under these TOU through one or more of our corporate affiliates. If HotPause Health or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these TOU. You may not assign your rights or obligations under these TOU, by operation of law or otherwise, without our prior written consent. These TOU do not and are not intended to confer any rights or remedies upon any person other than you.

25. Dispute Resolution

We want you to enjoy our Site and Services. If you have an issue or dispute, you agree to first try to resolve it with us informally by contacting us at hello@hotpausehealth.com. If you and HotPause Health are unable to resolve a dispute informally within sixty (60) calendar days after notice is received, we each agree to resolve the dispute through binding arbitration or small claims court instead of in courts of general jurisdiction.

YOU AND HOTPAUSE HEALTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered before a single arbitrator and administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 30 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HOTPAUSE HEALTH WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT HOTPAUSE HEALTH HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF WASHINGTON FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF HOTPAUSE HEALTH’S INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

26. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU, THE SITE, THE SERVICES, OR ANY PRODUCT PURCHASED THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Force Majeure

HotPause Health shall not be liable or responsible to you, nor be deemed to have defaulted or breached these TOU, for any failure or delay in our performance under these TOU when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage, or third-party platform outages (including Shopify outages). 

28. Entire Agreement

These TOU and our Privacy Policy constitute the sole and entire agreement between you and HotPause Health regarding the Site and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

29. Contact Information and Notices

We may provide any notice to you under these TOU by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these TOU, you must contact us by personal delivery, overnight courier, or registered or certified mail to:

HotPause Health, Inc.

Email: hello@hotpausehealth.com

We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

30. Changes to These TOU

We may revise and update these TOU from time to time in our sole discretion. All changes are effective immediately when posted. If changes are material, we will notify you by email or through the Site. Your continued use of the Site and Services following the posting of revised TOU means that you accept and agree to the changes. If you do not agree to the revised TOU, you must stop accessing and using our Site and Services.