Terms of use - Link Home Therapy

Last Updated: September 18, 2024

This website is owned and operated by LINK Home Services Holdings, LLC, Link Home Therapy Services of NY, PT, OT, SLP, PLLC, Link Home Therapy Services of Florida, LLC and their respective affiliates (“Company”, “we”, “our”, and “us”). Access and use of this website and its related web pages (collectively, the “Site”) are provided by Company to you on the condition that you accept these Terms of Use, and by accessing, browsing, or otherwise using the Site, you agree to these Terms of Use. These Terms of Use do not apply to your purchase and use of our services, which may be subject to additional terms and conditions. If you do not agree to accept and abide by these Terms of Use, then you shall not access or use this website.

THESE TERMS OF USE, THE Website Privacy Notice, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.

NOTICE OF ARBITRATION: Please read the following Terms of Use carefully as they affect your legal rights. These Terms of Use contain a binding arbitration provision set forth below in Section 24. Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind. By accessing, or using the Site, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Site.

1. CHANGES TO SERVICES AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Site or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Site; and (iv) prices for the Site or products made available therein. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, or any items available on the Site.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to the Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse the Site or any system resources, services, or networks connected to or accessible through the Site. You may only use the Site for lawful purposes and are prohibited from using the Site in a manner that is contrary to or in violation of these Terms of Use.

2. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, then you may not enter into this agreement, and shall not access or use the Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Site, you may not enter into this agreement, and shall not access or use the Site. By using the Site, you represent and warrant that you have verified in your own jurisdiction if your use of the Site is allowed.

We make no—and you acknowledge that we make no—representation that the Site or the materials on the Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

3. GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service, and/or use of or access to the Site to anyone at any time. Company shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Site or the services which make the Site available or electronic communications sent by Company will be available and free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated.

4. USER ACCOUNTS; PRICING; ESTIMATES

To create or activate an account (or to request to create an account) where such option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.” You must also notify us immediately if you are contacted by anyone requesting your username or password.

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information on the Site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated.

5. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION.

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Site, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Site or contacting us using the contact information below under “Contact Us.” You understand that, after termination of your account, your use of the Site, or these Terms, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Site users, as applicable.

6. PRIVACY

Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Site. Please see our Website Privacy Notice for further information.

7. PERSONAL USE ONLY

The Site are only for personal or internal business use. You may not use the Site in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.

8. USER RESPONSIBILITIES

The Site’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.

You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief. You also represent and warrant that: (a) you have, to the extent required by applicable law, obtained and will continue to obtain and maintain all consents, notices, and opt-out opportunities in order to allow us to make use of your information and User-Generated Content as contemplated in these Terms and our Privacy Policy; and (b) your User-Generated Content and all other information provided to us does not infringe misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary right of any third party.

You will NOT, and you will NOT allow any third party to:

Use the Site in a manner other than as expressly permitted by these Terms of Use;
Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Site or any part thereof;
Use the Site, including, without limitation, any Site’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your access or use of the Site;
Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled on the Site;
Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Site or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the Site, including, for example only, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent.

Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

9. JOB APPLICANTS

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

10. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Company’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using the Site you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Site, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

11. COPYRIGHT INFRINGEMENT

If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: [email protected].

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Site and requests or concerns regarding improper content, will not receive a response through this process.

12. MARKETING COMMUNICATIONS

If you sign up or otherwise opt in to receive updates, promotional communications, or related materials from us, we will use your contact information to provide you with promotional and other communications pertaining to our and our affiliates’ products and services via email, physical mail, or telephone, as applicable. You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein. We may use third-party providers to deliver these communications to you.

If you opt in to receiving text messages and/or telephone calls when prompted, we may send you autodialed and other text messages at the telephone number you provide. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply.

Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Site to you.

13. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that the Site will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend the Site, or any part thereof, with or without prior notice for any reason.

14. CURRENCY OF SERVICES

Company updates the information on the Site periodically. However, Company cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Site. Company may revise, supplement, or delete information, services and/or the resources contained in the Site and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

15. LINKED SERVICES; THIRD-PARTY PRODUCTS; AND LINKING TO THE SERVICES

The Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these websites or their respective practices. Company does not accept any responsibility for such websites. Company 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 or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Website Privacy Notice do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

16. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Site.

Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any user materials or other content from the Site. Company recommends that you install appropriate anti-virus or other protective software.

17. OWNERSHIP AND OUR MATERIALS

The Site are owned and operated by Company in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on the Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Company and its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Company or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company. ALL RIGHTS RESERVED.

Company may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively “Company Materials”) available to you from the Site, from time to time. If you download or use Company Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Company’s prior written permission; and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials. Company does not transfer either the title or the intellectual property rights to Company Materials and retains full and complete title to Company Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Company Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Company Materials into a human-perceivable form. Company or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by Company. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The Site, (including its organization and presentation and Company Materials) are the property of Company and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.

18. FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss. You acknowledge and agree that by submitting any such communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms of Use. Company shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any information or material provided by you to Company. You also represent and warrant that any and all such information or material which you provide to Company, whether provided by you electronically by accessing or using the Site or otherwise, and Company’s use of this information and material so provided does not infringe the rights of any other person or entity.

19. WARRANTY; DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-GENERATED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

20. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM, AND THE COMPANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE AND PLATFORM, THE COMPANY MATERIALS, USER-GENERATED CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. INDEMNIFICATION

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Site; (3) your User-Generated Content (including, without limitation, Third-Party Product Reviews); or (4) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. Company reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Use.

22. CONTACT US

If you need to contact us regarding the Site or these Terms of Use, please e-mail us at [email protected].

23. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

Most concerns can be resolved by contacting customer service at [email protected]. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any dispute will be resolved.

Mandatory Pre-Arbitration Dispute Resolution

We are available by email at [email protected] to address any concerns you may have regarding your use of the Site. You and Company agree to engage cooperatively to try and resolve any dispute informally prior to you or Company initiating any arbitration proceeding. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. You or Company must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or Company to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages).

Your notice must be sent to [email protected]. Our notice will be sent using the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Company representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and further, any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Agreement to Binding Arbitration

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Site, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Company, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief.

Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and Company and its affiliates and related entities. Interpretation and enforcement of this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of Deleware.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules. All AAA arbitration proceedings will be held in a location reasonably convenient to both parties consistent with the AAA’s Consumer Arbitration Rules. If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the appliable statute of limitations. Notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, the respondent in any Dispute will have the right to depose the claimant. Your Demand shall be sent and delivered to Company 180 Sylvan Avenue, Englewood Cliffs NJ, 07632. The Demand must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days after Company’s receipt of the Demand, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Company 180 Sylvan Avenue, Englewood Cliffs NJ, 07632.

If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement.

Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy.

Class Action, Class Arbitration, and Jury Trial Waiver

You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions

Notwithstanding the parties’ agreement to resolve all disputes through arbitration (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property or proprietary rights. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

Mass arbitration

If ten (10) or more demands for arbitration of a dispute or claim subject to the arbitration agreement set forth herein are initiated: (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative; then such demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select three (3) demands, for a total of six (6), to be filed with AAA (collectively the “Mass Filing Demands”). Each of the Mass Filing Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. The remaining demands shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings until after ninety (90) days from the date all Mass Filing Demands have been arbitrated and all appeals are exhausted. After ninety (90) days from the date all Mass Filing Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms, you and Company agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

24. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of Delaware in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Site.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. These Terms of Use provide only for the use of the Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.