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Updated: June 27, 2024
These Terms of Use (“TOU”) govern your use of HotPause Health. When you access or use HotPause Health, you agree to be bound by these TOU, including agreeing to not engage in medical misinformation, racist behavior, discrimination, personal attacks against sexual orientation, gender identity, religion, or beliefs. If you don’t feel these rules and the rest of HotPause Health’s TOU shared below are acceptable, you should not access or use HotPause Health and its services.
As used in these TOU, “HotPause Health”, “we”, “us”, or “our” refer to HotPause Health, Inc.
In this article:
1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
2. User Obligations.
3. License Grant.
4. Prohibited Activities.
5. Message Boards, Chat Rooms and Posting Guidelines, Including No Racism, No Discrimination, No Medical Misinformation.
6. Moderation.
7. Your Content.
8. Commercial Transactions.
9. Intellectual Property.
10. Third Party Content.
11. Sweepstakes, Contests and Games.
12. Accounts, Passwords and Security.
13. Linking to the Site.
14. Disclaimer Regarding Linked Third Party Sites.
15. Dealings with Third Parties.
16. Privacy.
17. Disclaimer of Warranties.
18. Limitation of Liability.
19. Indemnification.
20. Copyright Policy.
21. Jurisdictional Issues.
22. Termination.
23. Governing Law.
24. Waiver and Severability.
25. Successors and Assigns.
26. Dispute Resolution.
27. Limitation on Time to File Claims.
28. CLASS ACTION AND JURY TRIAL WAIVER.
29. Entire Agreement.
30. Changes to the TOU.
HotPause Health operates this website (hereinafter, the “Site”) and the services related to or offered on the Site (hereinafter, the “Services”). HotPause Health’s Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site. These TOU govern your use of any of the Site and Services that are provided by HotPause Health. Please read this agreement carefully before accessing or using any of the Site or Services. Each time you access or use the Site or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
If you are under the age of 18, do not use or provide any information to HotPause or on the Site.
1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice
The Site and Services offer health, fitness and nutrition related information, but are designed for non-commercial, 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 OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER 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. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. 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. For the purposes of these TOU, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our affiliates. 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 or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.
2. User Obligations
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You also 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/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, 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 whatsoever.
3. 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 contained in such materials and information.
4. Prohibited Activities
The Site and the Services are not intended for children under the age of 18 (or applicable age in your country) and children under 18 (or applicable age in your country) should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of HotPause Health or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, 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; 2. Access the Site or Services by any means other than through the standard industry-accepted or HotPause Health-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any HotPause Health product or service if you are not expressly authorized by such party to do so; 8. Use the Site or the Services in any manner that could damage, disable, overburden or impair HotPause Health’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to HotPause Health through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; 11. Rent, lease, lend, sell, transfer, redistribute, or sublicense the Site or Services; 12. Use the Site in any manner that could damage, disparage, or otherwise negatively impact HotPause Health. In addition, you agree to comply with our Posting Guidelines below. 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.
5. Message Boards, Chat Rooms and Posting Guidelines, Including No Racism, No Discrimination, No Medical Misinformation
HotPause Health hosts message boards, chats and other public forums on its Site and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit their own posts after posting. When posting information on the Site or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Site or through the Services you must not:
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. HotPause Health or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. HotPause Health and its affiliates expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will HotPause Health or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of HotPause Health or affiliates.
6. Moderation
HotPause Health and its affiliates have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. HotPause Health employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, HotPause Health and HotPause Health’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these TOU.
7. Your Content
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, 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 granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow HotPause Health’s use of such Submission Materials in accordance with such license; and (c) All of your Submission Materials do and will comply with these TOU. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
8. Commercial Transactions
Certain products or services may be offered for sale on the Site or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by HotPause Health or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing HotPause Health with your credit card number and associated payment information, you agree that HotPause Health and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify HotPause Health of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, you may email [email protected].
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), and Services are owned and operated by HotPause Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading any materials provided on the Site or Services.
10. Third Party Content
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not HotPause Health. Neither HotPause Health, its affiliates nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither HotPause Health nor its affiliates endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or Services by anyone other than an authorized HotPause Health representative while acting in their official capacity. You may be exposed through the Site or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site or the Services. HotPause Health and its affiliates do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Site or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
11. Sweepstakes, Contests and Games
If HotPause Health conducts a sweepstake, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
12. Accounts, Passwords and Security
If any of the Site or Services require you to open an account, you must complete the registration process by providing HotPause Health with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to HotPause Health which is untrue, inaccurate, not current or incomplete, HotPause Health reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, 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. Neither HotPause Health nor its affiliates will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by HotPause Health, its affiliates or another party due to someone else using your account or password.
13. Linking to the Site
We reserve the right to disallow you to link to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
14. Disclaimer Regarding Linked Third Party Sites
The links on any of the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked third party site (the “Linked Sites”). HotPause Health provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has HotPause Health reviewed or approved the content which appears on the Linked Sites. HotPause Health is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. 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.
15. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that HotPause Health shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. Privacy
HotPause Health’s policies with respect to privacy and the collection and use of your personally identifiable information is set forth in our Privacy Policy, and is incorporated by reference into these TOU. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
17. Disclaimer of Warranties
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED 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 AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.
18. Limitation of Liability
NEITHER HOTPAUSE HEALTH NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE 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 AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) 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 AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR SERVICES. 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 that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
19. Indemnification
Except to the extent prohibited by law, you agree to indemnify, defend and hold HotPause Health and its affiliates, officers, directors, agents, co-branders or other partners, 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 rights of a third party; (iii) your violation of applicable laws or regulations; or (iv) your access or use of the Site or the Services.
20. Copyright Policy
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 the 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 to HotPause Health a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HotPause Health actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to HotPause Health a counter-notice. 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 for notice of claims of copyright infringement or counter notices as follows at [email protected]
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
21. Jurisdictional Issues
HotPause Health makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. HotPause Health reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
22. Termination
To the fullest extent permitted by applicable law, you agree that 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 within the Site or Services, at any time and for any or no reason, including for violating these TOU or our Community Guidelines. You agree that any actions taken under this Section may be effective without prior notice to you. You may terminate these TOU at any time and for any reason by deleting your account and discontinuing use of the Site and all Services.
23. Governing Law
These TOU and the relationship between you and HotPause Health shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You and HotPause Health irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of King, in the State of Washington, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
24. 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 of the TOU will continue in full force and effect.
25. Successors and Assigns
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If HotPause Health or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
26. Dispute Resolution
We want you to enjoy our Site and Services, so if you have an issue or dispute, you agree to first raise it and try to resolve it with us informally. You can contact us with feedback and concerns at: [email protected]. 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.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would be in court.
ARBITRATION AGREEMENT
You agree that any and all disputes or claims that have arisen or may arise between you and HotPause Health, whether arising out of or relating to this TOU (including any alleged breach thereof), the Site, the Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this TOU, you and HotPause Health are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these TOU as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless HotPause Health and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, HotPause Health agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the TOU will continue to apply.
Notwithstanding any provision in this TOU to the contrary, HotPause Health agrees that if it makes any material change to this Arbitration Agreement while you are a user of the Site, you may reject any such change by sending HotPause Health written notice within thirty (30) calendar days. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these TOU (or accepted any subsequent changes to these TOU).
27. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. CLASS ACTION AND JURY TRIAL WAIVER
You and HotPause Health agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and as a plaintiff, claimant, or class member in any class or representative proceeding. This means that you and HotPause Health may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and HotPause Health may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or HotPause Health may participate in a class-wide settlement. To the fullest extent permitted by law, you and HotPause Health waive any right to a jury trial.
29 Entire Agreement
The TOU, our Privacy Policy, and Community Guidelines 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.
30. Changes to the TOU
We may revise and update these TOU from time to time in our sole discretion. All changes are effective immediately when we post them. If these changes, in our reasonable discretion, are material, we will notify you by sending an email address associated with your account or by otherwise providing you with notice through our Site at least 15 days before the date they become effective.
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 before the changes become effective.