Last Updated: March, 2022
LifeScan is the global leader in the manufacture, sale and distribution of blood glucose monitoring products, including connected digital solutions. LifeScan has developed the OneTouch® Solutions online portal (the “Portal”) to permit you to purchase certain health-related products and services (and combinations of these) from LifeScan and from selected third parties through the Portal and to connect and share certain information if you choose to do so.
Some of the products and services that may be purchased through this Website are provided by LifeScan (“LifeScan Products and Services”) and some of them are provided by other third parties (“Third Party Products and Services”). The LifeScan Products and Services and the Third Party Products and Services (together, “Products and Services”) may be offered either (i) directly to (and paid for by) you, or (ii) through arrangements made with third parties, such as an employer, a private commercial insurance plan or health care program, a health maintenance organization, an insurance company, a management services organization, an entity that administers the prescription drug portion of a commercial health plan, or another entity that pays for or arranges for the payment for such products and services on behalf of the end user (the parties with whom such arrangements are made are referred to herein as “Intermediaries”.)
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE, OR ANY INFORMATION PROVIDED THROUGH THIS WEBSITE. Your use of this Website or the use of information provided through this Website shall be deemed to constitute your consent to be legally bound by the terms and conditions of this Agreement, which shall be enforceable in the same way as if you had signed this Agreement.
USE OF THIS WEBSITE
This Website is intended for and directed to residents of the United States and its commonwealths, territories and possessions, including Puerto Rico. Other countries have laws and regulatory requirements that differ from those in United States, and we do not represent that this Website is appropriate or available in any other country or geographic area. Access or use of this Website from other countries or areas is at your own risk. This Website is not intended for anyone under the age of 13. You must be at least 18 years of age to purchase the Products or Services.
You are responsible for complying with all applicable foreign, United States, state, and local laws while using this Website.
PRIVACY AND CONSENT TO USE DATA
REGISTRATION AND USER ACCOUNT
In order to purchase or otherwise obtain access to Products and Services through this Website, you will be required to create an account (your “Account”) by completing the registration process. In establishing your Account, you will need to provide your email address and create a password (the “Account Credentials”). We strongly recommend having a complex password, to be kept secure at all times. You are also encouraged to change your password regularly. You hereby acknowledge and agree that we may rely on the Account Credentials to confirm whether users accessing and using this Website are authorized to do so.
Your Account is personal and may be used only by you. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing the unauthorized use of your Account. Maintaining the confidentiality of your Account Credentials is solely your responsibility, and you are solely responsible for any activity performed by any use of your Account Credentials. In order to protect the security of your information available on your Account to the greatest extent possible, you must safeguard, and not disclose, your Account Credentials to anyone, and you must supervise the use of your Account. You must inform us promptly by sending an email to: firstname.lastname@example.org if you become aware that your Account is being used without authorization or of any other breach of security. We will not be responsible if you suffer any harm or loss because you (i) do not keep your password secret, (ii) let someone else use your Account, (iii) use someone else’s password or account, or (iv) become aware of or suspect unauthorized use of your password or Account but do not tell us promptly.
By creating an Account you agree: (i) to always provide current, accurate and complete information about yourself, (ii) to promptly update and maintain your information with us, and (iii) that the information you are providing is your own (unless you are providing it on behalf of someone who authorized you to provide their personal information to us for the purposes of communication related to the Products and Services offered through this Website).
By creating an Account, you agree to allow us to contact you, using information you submitted through your Account, in connection with arranging to provide Products or Services and payment for such Products or Services, providing customer service and support, or for any other business purpose, via any one of the communication channels provided by you, including, but not limited to, through automated phone calls and text messages, emails and letters. Also, if you are using your account to obtain Products and Services through an arrangement with an Intermediary, you authorize us to provide information about you and your Account to the applicable Intermediary.
You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any User Content (as defined below) uploaded to your Account.
If you wish to either change your Account Credentials, or cancel and remove your Account, please send us an e-mail with your request to: email@example.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account. If you have any pending orders or have a current Subscription, your account cannot be terminated until any pending orders are fulfilled and, where relevant. your Subscription Term ends.
OFFERING AND SALE OF PRODUCTS AND SERVICES
If you elect to purchase any Products and Services that are offered directly to you through this Website, you will be responsible for paying for such Products and Services. If you obtain any Products and Services that are offered through arrangements with any Intermediary, payment for such Products or Services will be governed by Site Owner’s arrangements with those Intermediaries.
The purchase of any Third Party Products and Services by you creates a relationship between you and the provider of such Third Party Products and Services. Site Owner, in its capacity as such, shall not have any liability to you with respect to the provision of such Third Party Products and Services by the relevant provider. Without limiting the generality of the foregoing, Site Owner, in its capacity as such, shall have no liability for any refunds, returns or warranty claims related to the Third Party Products and Services of other parties. Any such liability or obligation shall be solely that of the provider of such Third Party Products and Services.
Site Owner is independent of the third parties providing Third Party Products and Services and the Intermediaries who have made arrangements for the offering of Products and Service. These relationships are not intended to, and do not, create a partnership, joint venture, or agency relationship, and Site Owner has no fiduciary or other duties to any such person or entity.
From time to time, the providers of Third Party Products and Services may change with the addition or removal of Third Party Product and Service providers.
SUBSCRIPTION TERM, PAYMENT AND BILLING AND PRICING
The Products and Services are offered for a one or three month recurring term (“Subscription”). Whether you choose a one month or three month Subscription, there is an initial three month commitment (“Initial Term”). This means that whilst you can cancel your Subscription at any time, you will be charged for your Initial Term and any Products shipped to you during the Initial Term. The full Subscription period that you select is your Subscription Term. A Subscription is not necessary for individual orders of LifeScan Products. However, certain Products and Services may be offered at set discounts if you choose to commit to a Subscription.
Subscription benefits are limited to items displaying the offer message and the seller indicated in the offer message. To see a full list of eligible items, please visit the Website. Subscription discounts and any limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription item information pages, and then only if you select the delivery method. Subscriptions are good while supplies last. Special limited time Subscription promotions only apply during their effective dates. We reserve the right to change the Subscription benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in our sole discretion. All changes will apply to future orders, including for current Subscriptions.
Automatic renewal: Unless your Subscription is paid for by an Intermediary, your Subscription will automatically be extended for successive Subscription Terms and your Subscription will remain in effect until it is cancelled. By purchasing a Subscription, you acknowledge that it has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription.
By providing us with information to establish your Account, you are giving us (or a third party on our behalf) permission to charge your payment method for any payment you owe us, plus any applicable taxes. For Subscriptions, your payment method will be billed monthly on or around the same calendar day each month. For example, if you purchased your Subscription on the 31st of a month, you will be billed on the last day of the month for each auto-renewal.
PRICE CHANGES FOR PRODUCTS AND SERVICES
Site Owner may change the prices of any Subscription or LifeScan Products at any time. If we change Subscription pricing we will send you an email notifying you of the change and the new Subscription fee at least 30 days before the new Subscription fee goes into effect. If applicable taxes change, we shall not be required to provide notice to you if the Subscription pricing has not changed. You should check your junk folder to make sure you are receiving email communications from us. Any such fee change will be charged to your credit card on the Subscription billing cycle that starts 30 days after we give you notice of the change. You can cancel at any time before the new Subscription fee goes into effect to avoid any increased Subscription fee. If you fail to cancel your Subscription before its renewal date you will have agreed to pay the revised Subscription fee.
UPGRADING OR DOWNGRADING YOUR SUBSCRIPTION
If you want to upgrade or downgrade your Subscription during your Subscription Term, you must contact LifeScan Customer Service at firstname.lastname@example.org. Any change to your Subscription shall take effect at the start of the next Subscription Term.
CANCELING YOUR SUBSCRIPTION
You may cancel your Subscription by contacting LifeScan Customer Service at email@example.com. If you wish to cancel your Subscription, you must do so at least 14 days before the end of your current Subscription Term (“Required Cancellation Notice”). If you provide the Required Cancellation Notice, Cancellation shall take effect at the end of your then current Subscription Term. No pro-rated refunds can be provided for any portion of the fees paid for your then current Subscription Term.
If you cancel your Subscription and then reactivate it, the discount applied to any Products and Services may not be the same discount in effect at the time of cancellation. If the discount percentage for such item changes, the new discount will be applied to your future shipments of that item.
PROMOTIONS AND OTHER OFFERS
From time to time, Site Owner may offer additional promotions or discounts. Any additional terms related to the relevant promotion shall be incorporated into this Agreement. Any free trial offer must be used within the stated time period for the trial. You will be required to provide a valid payment method on file in order to start a free trial. The free trial will start from the time of check out, not when you start using the free trial. If you do not cancel a free trial before it ends, you will be converted to a paid Subscription for the relevant Service and will be charged in accordance with this Agreement.
PURCHASE OF LIFESCAN PRODUCTS ONLY
Unless required by law, Site Owner is unable to accept refund requests or returns of LifeScan Products purchased through the Portal.
PRODUCTS AND PROMO CODES ARE FOR PERSONAL USE
You represent and warrant that: (i) any LifeScan Products purchased through the Portal will be for your personal use and you acknowledge that you may not resell any LifeScan Products to any third party; and (ii) any promotional codes that are provided to you to allow you to access Third Party Products or Services are personal to you and may not be provided to any other person or entity or posted in any public forum.
Failure to comply with this section or any other part of this Agreement may result in Site Owner, in its sole discretion, taking such actions as it deems appropriate, which could include, actions such as suspending your account with or without advance notice and without liability to Site Owner.
THE INFORMATION ON THIS WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID, AND IS NOT INTENDED (i) AS MEDICAL OR HEALTHCARE ADVICE, (ii) TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL MEDICAL CONDITION OR HEALTHCARE PROBLEM, OR (iii) AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT APPEAR THROUGHOUT THIS WEBSITE.
SITE OWNER ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION ON THIS WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THIS WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE.
If you purchase Cecelia Health coaching, you will be able to access unlimited coaching, for the duration of your Subscription. Coaching is provided via private text chat in the OneTouch Reveal® application, you will also have the ability to schedule a one-on-one telephonic coaching session. Responses to text chat may not be immediate and scheduled telephonic sessions are subject to availability. You will be asked to provide a contact telephone number after you select Cecelia Health coaching so that they may contact you.
Coaching is provided by a Certified Diabetes Care and Education Specialist (“CDCES”) who will help you by providing you with information, encouragement, support, and education. The CDCES will not diagnose, treat or provide medical advice or recommendations regarding any medical conditions. If you have any medical questions, these should be discussed with your doctor. Coaching is not intended to replace regular consultation with your doctor. If you have a medical emergency, you should call the emergency services.
You understand that this Website is available for your personal, non-commercial use only. You agree that this Website (including all intellectual property rights in this Website and the information thereon), is the property of Site Owner, and that you have no right to use this Website or any of the information on this Website other than as set out in this Agreement. Without limiting the generality of the foregoing, you may not copy, change or reuse this Website or the information on this Website, any updates thereto or any part thereof, including the software incorporated therein. We are not responsible for any harm or loss that you suffer in relation to any use you make of this Website or any information on this Website for any business purposes or other purposes not authorized under this Agreement. We reserve the right to refuse or terminate your access to this Website at our discretion, at any time. This Website is provided free of charge and, on that basis, we have no obligation to provide any maintenance or support services in relation to this Website, and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update this Website.
You may use this Website and the information on this Website only for lawful purposes and in accordance with this Agreement and applicable law. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from this Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from this Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.
We reserve all rights not expressly granted to you.
The information communicated on this Website constitutes an electronic communication. When you communicate with us through this Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
USER CONTENT / SUBMISSIONS
We have created, or may create in the future, certain areas, such as message boards and chat rooms, within this Website where members can upload and share their thoughts, comments, product reviews, pictures, videos and similar content with other members (collectively, “Forums”). These Forums are intended to be available to registered members of this Website only. To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by users (collectively, the “User Content”) is beneficial for the greater community, we have established some basic rules for everyone to follow.
If a Forum is provided within this Website, it may allow users to post questions to be answered by experts engaged by us. Where applicable, these experts are paid by us for their time in responding to members’ questions, but the opinions they express are solely their own. We are providing access to the experts and their guidance in the Forum solely as an informational and educational service to members of this Website.
Our policy for this Website is to review User Content to the extent practical, either before or after such User Content is posted. Pre-moderation means that the User Content will not be posted to the Forum and cannot be accessed or viewed by other Website members until we have reviewed it and determined that the User Content is suitable for posting to the Forum. This process also means that User Content submitted for posting will not be posted in real time and may never be posted if we determine that it is unsuitable for this Website. Post-moderation means that User Content will be reviewed by us once it is already posted on this Website. Post-moderated User Content that Site Owner determines does not comply with these Terms or is otherwise unsuitable for this Website will be removed from this Website without notice to the User.
User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be rejected by us, we may reject, edit or remove any User Content that does not comply with any Community Guidelines that we provide, which you must read prior to posting any User Content on this Website.
By submitting User Content for posting at a Forum, you also (i) confirm that you are entitled to post or transmit User Content, (ii) agree that you are solely responsible for all User Content that you submit for posting, and (iii) grant to Site Owner and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, your User Content in any way on this Website and on any other Website owned or operated by Site Owner or its affiliates (as well as on any social media sites associated with the Site Owner or its affiliates).
We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, do not submit or send to us any ideas, suggestion or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of User Content. When you submit User Content, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, biographical information and/or statements throughout the world in perpetuity on this Website and on any affiliate or successor Website or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you will not receive any payment or other consideration, notification, or credit for such User Content and that you will not have any right to approve how Site Owner uses such User Content.
You acknowledge that the Forums contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any User Content on this Website. You understand and agree that all User Content is the sole responsibility of the person who posted the User Content. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
If you wish us to remove your User Content from this Website, please send an email to: firstname.lastname@example.org and we will do so as promptly as may be practicable; provided that we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal. You are solely responsible for the User Content that you make available via this Website. You agree that Site Owner is only acting as a passive conduit for your online distribution and publication of your User Content.
We reserve the right at any time to discontinue, temporarily or permanently, your ability to upload User Content and/or your ability to access User Content with or without notice, at our sole discretion. You agree that we shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content.
We may impose a maximum amount of storage for User Content on this Website. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other User Content associated with maintaining the maximum amount of storage.
All User Content you submit to this Website through a mobile device will be stored on that mobile device. The security and safety of your mobile device, and the information and materials contained on it, as well as any password you use on your device and to access this Website, are your sole responsibility.
You agree that you will not: (i) access, tamper with, or use non-public areas of this Website, Site Owner’s computer systems, or the technical delivery systems of Site Owner, any provider of any Product or Service or any Intermediary; (ii) attempt to probe, scan or test the vulnerability of any system or network related to this Website or breach any related security or authentication measures; (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Site Owner, any provider of any Product or Service or any Intermediary, to protect this Website; (iv) use any meta tags or other hidden text or metadata utilizing trademark, logo URL or product name of Site Owner, any provider of any Product or Service or any Intermediary, without the express written consent of the owner thereof; (v) use this Website, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by this Agreement; (vi) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use this Website to send altered, deceptive or false source-identifying information; (vii) collect or store any personally identifiable information from this Website or from other users of this Website without their express permission; (viii) impersonate or misrepresent your affiliation with any person or entity; (ix) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make this Website available to any third party; (x) use this Website for any unlawful purpose or for the promotion of illegal activities or to harass, abuse or harm another person or group; (xi) attempt to decipher, reverse engineer, decompile, or disassemble any portion of this Website or the software used to provide this Website; (xii) bypass any robot exclusion headers or other measures we take to restrict access to this Website or use any software, technology, or device to scrape, spider, or crawl this Website or harvest or manipulate data; (xiii) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user’s ability to engage in real-time activities through this Website; (xiv) use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (xv) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Site Owner; (xvi) otherwise use any device, software or routine that interferes with the proper working of this Website; (xvii) otherwise attempt to interfere with the proper working of this Website or (xviii) encourage or enable any other individual to do any of the foregoing.
Additional terms may govern certain features or content on this Website. By participating in any activity on this Website or through the App that is governed by any such additional terms, you agree that you will be subject to those additional terms in addition to this Agreement.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF WEBSITE
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SITE OWNER DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SITE OWNER MAKES NO WARRANTIES AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY INFORMATION ON THIS WEBSITE, OR (2) THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR OTHER MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DISCLAIMER OF WARRANTIES RELATED TO PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER, IN ITS CAPACITY AS SUCH, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE; (ii) PROCURING SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (iv) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; (v) ANY PRODUCTS OR SERVICES OFFERED THROUGH HIS WEBSITE, OR (vi) ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
The trademarks, service marks and brand names displayed on this Website are the property of Site Owner, its affiliates or third party owners. You may not use or display any trademarks, service marks or brand names of Site Owner without our prior written consent. You may not use or display any trademarks, service marks or brand names of third party owners displayed on this Website without the permission of such owners.
MODIFICATION OR SUSPENSION OF THIS WEBSITE
This Website is under constant development. New features may be added frequently, so it is important to check for updates. We will make reasonable efforts to make this Website available to you, but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently this Website, or parts of either of them, without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
LINKS TO THIRD PARTY SITES
MODIFICATIONS TO THE TERMS OF THIS AGREEMENT
We may make changes to this Agreement from time to time in our sole discretion, by updating this Agreement on this Website, and specifying the effective date of the new version of this Agreement. The “Last Modified” date at the top of this Agreement will indicate when the latest changes were made. Your continued use of this Website following the posting of a new version of this Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website or use the App, you should check to see if a new version of this Agreement has been posted.
If you have any questions or concerns with respect to this Agreement or this Website, you may contact us by sending an email to email@example.com.
SEVERABILITY OF AGREEMENT
Should any part or provision of this Agreement be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement and the resolution of any dispute related to this Agreement, this Website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
ARBITRATION OF DISPUTES
You agree to resolve any claims relating to this Agreement, this Website (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises) through final and binding arbitration conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Philadelphia, Pennsylvania.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND SITE OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT TO ARBITRATE DISPUTES SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
The foregoing will not, however, be deemed to waive, preclude, or otherwise limit the right of you or Site Owner to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through any applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Site Owner will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Site Owner. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
The party seeking to arbitrate any matter must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Site Owner’s address for Notice is: 20 Valley Stream Parkway, Malvern, PA 19355, Attn: General Counsel. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Site Owner will make good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, either of us may commence an arbitration proceeding.
If you commence arbitration in accordance with this Agreement, Site Owner will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Site Owner for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. We both agree that the written decision of the arbitrator and the information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either of us made within 14 days of the arbitrator's ruling on the merits.
WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations relating to class, representative and consolidated proceedings as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Agreement is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of this Agreement shall remain in full force and effect.
We may at any time terminate your use of or access to this Website and may delete any or all of your User Content without prior notice if we have a good reason to do so, which includes, among others, (i) any breach by you of this Agreement, (ii) any failure to pay for any Product or Service purchased through this Website, (iii) any report that you have failed to comply with the arrangements through which any Products or Services were provided to you through this Website, or (iv) any extended period of inactivity in your account. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of this Website. In the event of any termination you must stop using this Website. Regardless of any termination of your right to use this Website, the following sections shall survive termination: Privacy, User Content, Electronic Transmissions, Disclaimer of Warranties (Website and Product and Services related), Limitation of Liability, Indemnification, Trademark Notices, Applicable Law and Arbitration of Disputes.