These are the term and conditions set forth by Identity Health, LLC.
Thank you for viewing Identity Health and our Products and Services. These Terms and Conditions
govern your access to and use of www.idhealthtest.com, any other online websites that link to these
Terms, your purchase and use of Products and related services, and any other content, functionality, or
service offered and provided.
Please read these Terms carefully. By accessing and/or using any of our Services, you are agreeing that
you are at least 18 years of age, and acknowledge that you have read, understand, and agree to these
Terms and any other policies referenced in these Terms.
Changes to the Terms. Revisions to these Terms occur occasionally to reflect changes in our Services,
customer needs, business plans, or changes in applicable law. You should review these Terms prior to
using our Services. If you do not agree to a change, you may stop using your Account and/or stop using
our Services. Continuing to use our Services after the “Last Updated” date will reflect your acceptance
of and agreement to any changes.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that
all Disputes between you and the Identity Health, except as otherwise described in the Arbitration
Agreement, will be resolved by binding arbitration and you waive any right to participate in a
class action lawsuit or class-wide arbitration.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT USE OUR SERVICES.
- Who We Are and What We Provide to You
The Service provides you with access to laboratory services and supplementation fulfillment
services. By accepting this Agreement, you acknowledge and agree that any services you receive
from any lab or staff member through the Website are also subject to these Terms.
Identity Health does NOT practice medicine, and does not control or interfere with the practice of
medicine by any healthcare providers, as these are licensed professionals who are solely responsible for
any medical care and treatment. Identity Health makes no representations or warranties about the
accuracy, timeliness, or quality of Services provided to you, and you acknowledge and agree that
Identity Health is not a healthcare provider and does not have a patient-provider relationship with you.
THE SERVICES PROVIDED BY IDENTITY HEALTH DO NOT CONSTITUTE MEDICAL
ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF A LICENSED HEALTHCARE
PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY
INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND AGREE THAT
IDENITY HEALTH SIMPLY PROVIDES A PLATFORM TO FACILITATE YOUR ACCESS TO
AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL PROVIDER. IDENTITY HEALTH
IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY
MEDICAL PROVIDER AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND
SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH ANY
HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION
RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER.
This Section 1 will survive the termination of these Terms.
responsible for any information you share directly with anyone outside of Identity Health.
- Your Account
In order to use some of our Services, an Account must be created with a username and Password. We
reserve the right to take any action necessary to protect the security of our Services and your Account,
including but not limited to, changing your Password, terminating your Account, or requesting
additional information regarding your Account. You are solely responsible for keeping your Password
and any security information associated with your Account confidential. Anyone with knowledge of or
access to your Password or security information associated with your Account can gain access to your
Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from
failure to keep your Password and the security information confidential, whether or not the failure
occurs with or without your knowledge or consent. You will notify us immediately if any suspected or
actual unauthorized access to your Account occurs. You acknowledge and agree that the information in
your Account will be shared with the laboratory and/or other third parties in accordance with the Privacy
By creating an Account with us, you agree to provide accurate contact details that can be used in relation
to the use of our Services. It is important that the details you provide us are correct and that you will
promptly update your Account as necessary. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE
ACCURATE AND SUITABLE CONTACT DETAILS, OR ANY OTHER INFORMATION THAT IS
USED IN CONNECTION WITH THE SERVICE.
By creating an Account and using our Services, you acknowledge that data transmission over the
internet may not be completely secure and you accept the risk that others may be able to read or
intercept any information you submit through our Services. This includes transmissions that are
identified as secure or encrypted and may include health-related information.
- Your Representations
By creating an Account and accessing our Services, you confirm:
you are 18 years of age or older;
you are a resident of the United States of America and are accessing our Services from the
United States of America;
you are using our Services in your own name and not on behalf of someone else;
you will not allow any other person to use our Services under your name, nor will you use our
Services while pretending you are someone else, or otherwise seek to disguise your identity;
you are only using our Services for your own benefit and not for the purposes of providing our
Services to others;
none of the information you have provided through our Services is untrue, inaccurate, non-
current or incomplete to the best of your knowledge.
- Intellectual Property Rights
Identity Health and its affiliates are the owners or the licensees of all Intellectual Property Rights in our
Services, including without limitation, the text, graphics, user interfaces, visual interfaces, illustrations,
photographs, trademarks, logos and computer code, software, the design, structure, arrangement,
selection, coordination, expression, and “look” of our Services, as well as the features, functionality and
the material published on our Services (except where content is specifically identified as third-party
content). All of these rights are protected by copyright and other applicable intellectual property and
other laws around the world. All such rights are reserved to the relevant owner or licensee of those
works. Your use our Services and Our Content does not grant you any rights in relation to Our Content
other than as set out below this paragraph. Other than as expressly permitted below, you must obtain our
written consent prior to using any of Our Content each and every time you want to use it.
Subject to your compliance with the Terms and all applicable international, federal, state and local laws,
rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferrable, non-
sublicensable right and license to use our Services and Our Content solely to access and use our Services
for your personal, non-commercial use only and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use (referred to as a “Limited License”). In
connection with the Limited License we grant you, you may use Our Content as follows:
You may print or download a copy of the Services webpages or other informational pages for
your own personal, non-commercial use and not for further reproduction, publication, or
If we provide desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license agreement as applicable for such
You must always acknowledge our status (and that of any identified contributors) as the authors
of Our Content on our Services
You further agree that you will not:
Attempt to copy or modify any ideas, features, functions, graphics, or any of Our Content
Alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit Our Content on our Services or
any rights in connection therewith
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
Attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part
of the Services or otherwise attempt to derive the source code for Our Content.
Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may
violate copyright, trademark, and other laws. If you breach these Terms, we reserve the right to
immediately terminate your right to use our Services and your Account. We reserve the right to
investigate any suspected or actual improper, illegal, or unauthorized use of Our Content and we reserve
the right to take appropriate legal action.
- Restrictions on Your Use of Our Services; Your Compliance with
While accessing and using our Services, you agree that you will only use our Services in a lawful
manner and will not use them for any use other than the purpose it was intended. You will not personally
or permit anyone else to, take any of the following actions with respect to our Services or the server
hosting our Services nor will you use our Services to upload, post, email, distribute, transmit, link,
solicit or otherwise make available any content or use our Services in any manner that: (i) decompiles,
uses reverse engineering, disassembles, derives the source code of or decrypts our Services or servers
hosting our Services; (ii) uses any robot, spider, scraper or other automatic or manual means to access
our Services or copies any content or information on our Services; (iii) removes or alters any proprietary
notices (including any notice of copyright or trademark) of us or our affiliates, partners or our licensors;
(iv) modifies, adapts or makes any derivative work from our Services; (v) infringes the copyright,
trademark or any proprietary rights; (vi) compiles, uses, downloads or copies any information or any
portion thereof, or transmits, provides or otherwise distributes our Services or such information to any
third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal
information, images, materials or descriptions; (viii) promotes or provides instructions for illegal
activities; (iv) encourages any conduct that would constitute a criminal offense or that gives rise to civil
liability; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware; (xi) attempts to gain unauthorized access
to any other accounts or networks connected to any server or systems through hacking, password mining
or any other means; (xii) accesses systems, data or information that we do not intend to be made
accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written
consent, link or attempt to link our Services with other sites services, or use meta tags or other devices
containing any reference to us in order to direct a person to any other site our services.
- Specific Terms Relating to Lab Services and Products
You have the ability to request a health test kit to utilize laboratory Testing Services. To access these
Testing Services, we recommend consulting a healthcare provider to assess whether a Testing Service is
appropriate for you if applicable, and if so, you may then purchase a Product either from our Website or
from one of our retail location affiliates.
a. Lab Testing Orders
We will not process Orders from users whose IP address is outside, or where the user is a resident
outside of, the countries and states from where we operate.
In order for us to process your Order, you must complete the Order process which requires you to: (i)
provide us with personal information including the delivery address for your Product and important
information (ii) purchase a Product that permits use of the type of Sample you are willing to provide,
and (iii) confirm that we may make the Test Information, including test results available to you.
Once the Order is placed, you will receive an email acknowledging receipt of the Order. We will collect
the purchase price, applicable taxes, and shipping costs from your selected payment method at this time.
Please review the Order Confirmation and check for mistakes immediately, as no refunds will be issued
once your Order is processed other than in accordance with the Cancellation Right detailed below.
All Products and Testing Services are subject to availability. We reserve the right to notify you at any
time before delivery of the unavailability of the Product. (You can then cancel the Order if you elect and
we will refund you all money paid in full.)
b. Using our Testing Services
In order to use our Testing Services, you must set up an Account.
By sending us the Product or any Sample, you are formally providing your consent to undergo the
related test. You agree that before proceeding with any test, you will read all relevant information
our Testing Services. If you are unsure or if you require any further information, you agree to contact us
or a licensed healthcare professional.
Due to the nature of the tests being performed, we cannot and do not warrant that the tests performed or
Test Information provided as part of the Testing Services will be entirely or 100% accurate. As such,
repeat testing may be required. If you are unsure or if you require any further information, you agree to
contact us or a licensed healthcare professional.
You acknowledge any Test Information does not constitute a definitive result. “Low” or “Normal”.
readings do not constitute a definitive diagnoses and further testing will be required from your physician
or other licensed healthcare professional. For example, a person with low testosterone test results may
require further testing from a physician or other licensed healthcare professional. If test results are
normal, but symptoms remain you should see a physician or other licensed healthcare professional.
Any failure to comply with your obligations as outlined in this section, particularly with regard to re-
testing is entirely your responsibility.
You acknowledge and agree:
- to comply fully with all instructions included with the Product and to return the Sample in the
Product within the time set forth in the Product instructions.
- to provide us with such information or evidence of identity as we may be required to obtain from
you by applicable law from time to time;
- to disclose to us honestly and to the best of your knowledge any information that may affect or
impact the test result;
- to use the Websites, the Products and the Testing Services only for lawful purposes and in
accordance with these Terms and you further agree not to induce fear, harass or be abusive to
any of our staff, or the staff of our Accredited Laboratory;
- not to use the Products and/or the Testing Services for resale or in any way that breaches any
applicable local, national or international law or regulation; and
- that when you submit an Order for the Testing Services through the Websites, including
acquiring one or more Products through the Websites, that you have selected the Products.
Notwithstanding any descriptions of any Testing Services or recommendations from the
Websites or any of our staff, you acknowledge that you have not relied upon any advice from us
in terms of Product suitability or other medical issues.
c. Submitting the Sample
When submitting a Sample, you must fill and return the collection device in accordance with the
instructions provided with the Product. If you do not provide an adequate Sample, utilize the Product in
a manner that is not consistent with the instructions, or do not return the Sample within the instructed
timeframe, we may not be able to provide you with the Test Results. Failure to return the Sample within
the timeframe set forth in the Product instructions may result in inaccurate and unreliable readings.
d. Test Information
If your Test Information is negative or nonreactive, please refer to Section 8(c) (Submitting the Sample).
Further, if the Test is normal but you still exhibit symptoms, you should make an appointment with a
physician or licensed healthcare professional.
If you have a positive, reactive or detected result for any of our Tests, you will need a further
confirmatory/diagnostic test from a physician or licensed healthcare professional.
The Testing Services may include, with respect to a user whose Test Information indicates a positive,
reactive, detected or elevated Test Result, receiving a phone call from one of our staff in order to
provide relevant information and to recommend or discuss any follow-up with a licensed healthcare
provider who can offer support to the user.
If you have concerns with the Test Information you should consult with your physician or another
licensed healthcare professional or contact a member of our team who will be able to direct you to other
sources of support within the scope of the Testing Services.
The Product is normally dispatched within two business days of Order Confirmation to the delivery
address you provide during the Order submission process, but actual delivery times may vary. We may
not be able to change the delivery address after the Order Confirmation.
Delivery dates advised by us in an Order Confirmation (consisting of a delivery date for the Product and
a date for the provision of the Test Information) are approximate and we are not liable for any loss or
damage due to failure to meet scheduled delivery dates or failure to give notice of delay. Time for
delivery shall not be of the essence. Risk of loss in a Product passes to you upon delivery of the Product
to the agreed delivery address.
If you receive the wrong Products, damaged/faulty Products, or if certain items are absent from the
Product, then you must contact us within seven (5) business days of receipt of the Product the following
information: Order ID (or description of the Product), and description of the missing or faulty item(s).
Upon receipt of such notice we will arrange for a replacement Product to be sent to you.
Unless otherwise required by State law, in which case such State requirements shall apply, you have the
right to cancel the contract for the purchase of the Product within fourteen (14) days of delivery of the
Product to you. To exercise the right to cancel, you must inform us of your decision to cancel in writing
(e.g. a letter or email sent by contacting us). You must then promptly return the Product to us within
fourteen (14) days from notifying us of your decision to cancel, at your own cost.
If you exercise your cancellation right, we will reimburse you the payment received less the cost of the
shipping fees not later than fourteen (14) days from the date on which we receive the returned Product
from you. In the event that you cancel your Order prior to it being shipped you will be eligible to receive
a full refund. We will reimburse you using the same means of payment as you used for the initial payment.
We will not charge you any fees in connection with the reimbursement. You will bear the
direct cost of returning the product.
The right to cancel an Order does NOT apply to Products that have been opened and the seal on the kit
broken, as these Products are not suitable for return for health protection reasons.
g. Subscribe and Save
Subscribe & Save involves subscribing to an order over your chosen frequency. By purchasing a
subscription, you acknowledge that your subscription has an initial and recurring payment feature and
you accept responsibility for all recurring charges prior to cancellation. Your subscription will continue
and your payment method will be automatically charged for each successive subscription period at the
then-current advertised percentage discount of the current market price for that order. Your credit card
will be charged on the date stated on the Subscriptions page of your account for the applicable
subscription period. We will charge the credit card you used when you created your renewal
subscription or as otherwise directed by you. We may submit periodic charges (e.g. at the chosen
subscription frequency) until you provide prior notice of cancelation or wish to change your payment
method. Such notice will not affect charges before we could reasonably act.
To cancel your subscription, you may (i) logon to your Account and follow the cancellation procedures
there, (ii) or email us and we will do it for you. If you decide to cancel, we recommend you do so at least
24 hours prior to the scheduled subscription payment date as subscriptions may be canceled without
charge as long as we receive your cancelation prior to the scheduled subscription payment being
processed. This is subject to change, but we will let you know if there is a change in our cancellation
policy as described in the Cancellation Rights section above. You can manage your subscription,
including payment details and cancelation, by logging into your Account under the Subscriptions page.
We reserve the right to adjust the pricing for the test kits in any manner and at any time. Identity Health
will provide you with two (2) weeks’ notice via e-mail of a pricing change. If your billing date for a
subscription period falls before the pricing change takes place, you will be charged the prior rate for that
subscription period, if your billing date falls outside the two-week notice period, you will be charged the
new price. We will set a date for this change, and it will depend on when your billing takes place,
whether you get charged the current or new price for your next kit, but all future kits will be affected.
If your payment is declined, we will place your subscription on hold for seven (7) days. We will be
notified when the payment fails, and we or our vendor will attempt to process payment again in seven
(7) days. If the second attempt on the seventh day fails, your subscription will be cancelled. If a payment
is declined and you do not wish to wait seven days for re-processing, you may choose to update your
payment information on your account and complete payment from your account.
We reserve the right to adjust these Subscription Terms in any manner and at any time as we may
determine in our sole and absolute discretion. Except as otherwise expressly provided for in these
Terms, any changes to your subscription Plans will take effect following 30 days’ notice to you via the
e-mail you provided at the time you enrolled in the Subscribe & Save plan.
- Reviews and Feedback
If you choose to submit a review of your experience with our Service that describes your personal
experience of using our Services and can be about what you liked or disliked about our Services (a
“Review”). You acknowledge that you will not receive any compensation, monetary or otherwise, for
the submission of a Review.
Your Review, if published, will be publicly available and viewable to anyone. We encourage you to
refrain from including any personal or other information, such as your health information, that you may
want to keep private and confidential in your review as such information may be seen by the public.
We may reject and not post your Review for any reason including, for example, if it contains any of the
below types of material or breaches of policies made known to you, including, without limitation,
Restrictions on Your Use of Our Services; You Compliance with Applicable Laws section above:
Language that, in our discretion, is not suitable for a public forum;
advertisements, ‘spam’ content, or references to other products, offers or websites;
email addresses, links to other websites, or contact information relating to other persons (which
includes commercial entities); or
hateful, discriminatory, or critical comments about other users or their Reviews.
In addition, if you wish to share feedback with us about customer service issues or provide suggestions
relating to our Services (“Feedback”), please do not submit this Feedback through the review
mechanism. Instead, please contact us directly.
- Availability and Access to Our Services
Access to our Services is permitted on a temporary basis. We may, temporarily or permanently, limit,
suspend, or cancel your use or access to our Services or any part of it, at any time in our sole discretion,
including if we determine that you have or are about to violate the Terms.
If you wish to make any use of our Services or Our Content other than as expressly permitted in these
Terms, please contact us.
You are responsible for making all arrangements necessary for you to have access or use of our Services
and for ensuring that your device and computer software meet the minimum specifications and is
configured correctly. You should use your own virus protection and firewall software.
- Payment and Billing
Unless as otherwise described in these Terms, all prices listed through our Services and otherwise on our
websites exclude all sales taxes, fees, use taxes, charges, duties, levies, and other similar governmental
charges imposed on the provision of the product or service. All such governmental charges shall be
solely paid by you. You acknowledge and agree that it is your responsibility to ensure payment for all
aspects of our Services and to ensure that your payment methods can be accepted by Identity Health
and/or our payment processors, including, but not limited to, Stripe. We may suspend or terminate your
use and Account in the event of any payment delinquency. Except as otherwise described in these
Terms, you will not be entitled to any refund for the partial use of our Service at any time.
By providing a credit card or other payment method accepted by us, you represent and warrant that you
are authorized to use the designated payment method and that you authorize us (or our third-party
payment processor) to charge your payment method for the total amount of your Order. If the payment
method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be
suspended or cancelled until you are able to resolve the payment issue.
In the case of a Product that involves delivery, the price includes standard delivery of the Product to you,
and in the case of Lab Testing, it also includes return of the Product to the address provided by you.
Special Note on Subscription Products:
Certain Products available for purchase through the Service require that you purchase the product on a
subscription basis. For subscription-based products, your payment device will be automatically charged
at regular intervals as described for that product during the checkout process. You may cancel a
subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of
your subscription by emailing us.
To simplify your experience during the checkout process, there may only be a “total” subscription price
that is viewable to you.
- Termination of Your Account
You may terminate your agreement to these Terms by closing your Account at any time for any reason.
In such event, we shall have no further obligation or liability to you under these Terms or otherwise. We
may, in our sole discretion, suspend or terminate your Account, without notice, if you breach the Terms
or any terms regarding payment of required fees and charges due through your use of our Services. We
may suspend or terminate your Account if we determine, in our sole discretion, that such action is
desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the
rights or interests of Identity Health. Under no circumstances will you be entitled to compensation or a
refund for any interruption, suspension, or termination, and you acknowledge that we will have no
liability to you in connection with any interruption, suspension, or termination.
Upon termination of your Account, all licenses granted by us to you to use our Services will
automatically terminate. You are responsible for exporting any Account data upon this termination.
- Disclaimers and No Warranties
THE SERVICES AND ALL OUR CONTENT AVAILABLE THROUGH OUR SERVICES ARE
PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO
THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF OUR SERVICES, OUR
CONTENT, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH OUR
SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN
FROM OUR SERVICES BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE
RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES
WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS
EXPRESSLY SET FORTH IN THE (Limitations on Liability) SECTION.
This Disclaimers and No Warranties section will survive any termination of these Terms
- Limitations on Liability
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER
BASED IN CONTRACT, STRICT LIABILITY OR OTHERWISE, IN ANY WAY CONNECTED
WITH ACCESS TO OR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
MATERIALS, SERVICES, OR OUR CONTENT WE HAVE PROVIDED TO YOU THROUGH OUR
SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY
CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN
CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR OR ANY OTHER PARTY’S USE OF OUR SERVICES AND/OR OUR
CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT
OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY
OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY;
(D) RELIANCE BY ANY PARTY ON ANY INFORMATION OR ADVICE OBTAINED THROUGH
USE OF OUR SERVICES OR OUR CONTENT OR OUR PRODUCTS; OR (E) WHETHER CAUSED
IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SERVICES,
OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1)
MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR
FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR
SERVICES; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THE
TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR
UNDERTAKINGS CONTAINED WITHIN THE TERMS.
OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID
FOR THE USE OF OUR SERVICES UNDER WHICH LIABILITY AROSE. YOU ALSO
ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SERVICES WITH A
FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THE TERMS.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some
of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases,
our liability will be limited to the fullest extent permitted by applicable law.
The provisions of this Limitation on Liability section shall survive the termination of these Terms.
- Limitation on Time to File Claims
Except to the extent prohibited by applicable law, any cause of action or claim you may have arising out
of or relating to the Terms or our Services must be commenced within one (1) year after the cause of
action accrues, otherwise such cause of action or claim is permanently barred.
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees,
contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims,
proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks,
and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of:
(i) your use of our Services; (ii) your violation of the Terms; (iii) any Feedback or Reviews you provide;
(iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any
law or regulation or any rights of another. We reserve the right, at your expense, to assume the defense
and control of any matter which you are required to indemnify against, and you agree to cooperate in our
defense of such matter. This indemnification will survive any termination of these Terms.
- Entire Agreement
The Terms (including any additional terms that we may provide through your use of our Services), are
the only agreement between you and us regarding our Services and supersede all previous agreements,
promises, representations, warranties and understandings between you and us regarding our Services.
- Notices and Electronic Communications
When you send e-mails to us or use certain features of our Services, you may be communicating with us
electronically and you consent to receive communications from us electronically. We will communicate
with you by e-mail at the address we have on file for you, by sending you messages through our
Services. You agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing. You further
agree that any notices provided by us electronically are deemed to be given and received on the date we
transmit any such electronic communication as described in the Terms.
- No Fiduciary Relationship
Except to the extent set forth in a separate agreement between you and us, there is no fiduciary
relationship between you and us. Neither the Terms nor your use of our Services or create any
relationship of principal and agent, partnership, joint venture, or employer and employee, between you
and us. You may not enter into any contract on our behalf or bind us in any way.
- Right to Monitor
We reserve the right, but are not obligated, to actively monitor the use of our Services and use any
information gathered during such monitoring for any legally permissible purpose under the Privacy
Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from our
Services that, in our sole discretion, may be illegal, may subject us to liability, may violate the Terms, or
are, in our sole discretion, inconsistent with our purpose for our Services.
- Contact Us
If you have any concerns about material which appears on our site, please contact us.