TERMS OF SERVICE
Terms and Conditions of Service for Haute Wellness App Platform & LLC.
Last Updated: June 2023
Welcome to Haute Wellness App! Please carefully review these Terms and Conditions of Service (the "Terms" or “Agreement”) that govern your access and use of the Haute Wellness App Platform & LLC. d/b/a Haute Wellness APP ("Haute Wellness App Platform & LLC.," "we," "us," and "our") website located at https://hautewellnessapp.com/ (the "Website"), the mobile application Haute Wellness App, and other Haute Wellness APP provided services, products, websites, and applications that link to or display this Privacy Policy (collectively with the Website and Teams App, the "Haute Wellness App Platform") BY USING, ACCESSING, OR DOWNLOADING THE Haute Wellness App PLATFORM, YOU ("user," "you" or "your"): (a) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS (b) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE Haute Wellness App PLATFORM.
1. General Terms of Use and Restrictions on Use. Subject to these Terms, Haute Wellness App grants you a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Haute Wellness App Platform solely for the benefit of users and no other commercial purpose.
We may discontinue or alter any aspect of the Haute Wellness App Platform or remove content from the Haute Wellness App Platform at any time without prior notice. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of the Haute Wellness App Platform or any part thereof. Such circumstances include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Haute Wellness APP, LLC. Platform; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e) engagement by you in fraudulent, inappropriate, or illegal activities. You further agree that such measures shall be taken at our sole discretion and without liability to you or any third party.
2. Account. While a user may browse the Website without creating an Account, a user will need to have an Account and agree to the terms of this agreement in order to use certain features of the Haute Wellness App Platform, including the Teams App. To create an account, you will be required to provide certain information, including some Personal Information, such as your name and email address, and create a password or use your Facebook or Google login credentials (an "Account"). Once you create your Account, you will have access to a one-time free fitness training session (the “Trial Period”). Unless otherwise stated on the Haute Wellness AppPlatform, you will not be required to enter your billing information during the Trial Period. We reserve the right to terminate your Trial Period if you do not sign up for a Membership within a reasonable amount of time. A "Membership" means the paid personal fitness training package with the Haute Wellness App Program of your choice upon subscribing. Upon beginning your Subscription, you will be required to enter your billing information. A Subscription is currently offered for a term of one month (the “Subscription Term”) and shall automatically renew each month until you choose to cancel pursuant to Section 4 of this Agreement. By creating an Account, you agree that we may send and you agree to receive (a) messages or push notifications from us through the Haute Wellness App and (b) informational or promotional emails to the email address used to create your Account. If you do not wish to receive push notifications, please change your settings on your mobile device. If you do not wish to receive emails, please select the unsubscribe option in the body of the email.
You are responsible for maintaining the confidentiality of your username and password associated with your Account and are fully responsible for all activities that occur under your Account. You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. You also agree that you will provide truthful and accurate information that belongs to you during the signup process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us. You will ensure that you logout of your Account at the end of each session.
If you access the Haute Wellness AppPlatform using your mobile device or choose to connect with Haute Wellness App using text messages or SMS outside of the Haute Wellness App Platform, you understand that your mobile network provider may charge you fees for your use of its network while accessing or using the Haute Wellness APP, LLC. Platform, for data downloading, or roaming, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.
3. Children. The Haute Wellness App Platform is not directed to persons under the age of 18 and is not aimed or intended for children under the age of 13. If you are under the age of 18, please DO NOT USE the Haute Wellness App Platform. By using the Haute Wellness App. Platform, you represent and certify that you are 18 years of age or older.
4. Service Fees and Cancellation.
(a) Service Fees. The fees associated with the Subscription can be found in your Haute Wellness App account information. Please refer to the pricing listed at the time you begin your subscription for your applicable subscription fees. We will charge you for your selected Subscription using the services of a third party service provider that processes payment transactions (the “Payment Processor”). By using the Haute Wellness AppPlatform and enrolling in a Subscription, you agree to pay us, through the Payment Processor (as defined below), all charges at the prices then in effect for the services provided under your Subscription in accordance with any applicable payment terms. The processing of payments is subject to the terms and conditions and privacy policies of our Payment Processor. By enrolling to use the Haute Wellness App services, you agree to pay the recurring Subscription fees, which shall renew at the start of each Subscription Term, and accept responsibility for all recurring charges prior to any cancellation. We may change the price of any Membership at any time. Any price change for a Subscription will become effective on the first day of the next Subscription Term. Unless otherwise stated on the Haute Wellness App Platform, if you enrolled in the Trial Period, we will not bill you until that Trial Period ends and you select and agree to a Subscription.
(b) Cancellation. You may cancel your Subscription on any date during the Subscription Term, so long as that date is at least three (3) days prior to the start of the next Subscription Term, by logging into your Account on the Haute Wellness App or Or directly through your Apple IOS Subscription. Should you cancel your Subscription before the end of the applicable Subscription Term, you will have access to your Subscription features and services until the end of that Subscription Term. If you have questions or need assistance with the services provided through the Haute Wellness App Platform, please contact us.
(c) No Refunds. When you cancel a Subscription, you cancel only future charges for that Subscription and you acknowledge that you will not receive a refund for the current Subscription term you paid for but will continue to have full access to that Subscription until the end of that current Subscription term.
5. Links and Third Party Content; Social Media. We or the Haute Wellness App Platform may provide links to other websites or resources on the internet maintained by third parties. You agree that we have no control over and are not responsible for the content or availability of such websites or resources, or for any privacy or other practices of the third parties operating those websites or resources. We encourage you to review any separate terms of use or privacy policy governing the use of third party websites and resources.
We may use the services of a third party service provider to process transactions, including payment transactions, as part of your use of the Haute Wellness App Platform. By using the Haute Wellness App Platform, you grant us all necessary rights and consents under the applicable laws, rules, and regulations to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any personal information, as defined in our Privacy Policy, for purposes of providing the services hereunder to you, including data that we may collect directly from you using cookies or other similar means, as described in our Privacy Policy.
6. Privacy. Your privacy is important to us. Please carefully review our Privacy Policy located at https://hautewellnessapp.com/privacy for information about Haute Wellness APP, LLC. may collect, use, store, or share information from you. The terms of the Privacy Policy are hereby expressly incorporated into these Terms.
7. Feedback. We welcome your Feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the Haute Wellness App Platform. You hereby agree that all Feedback that you disclose or submit to us through the Haute Wellness App Platform is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to Haute Wellness App constitutes an assignment to Haute Wellness APP, LLC. of all rights, title, and interest in and to the Feedback. Haute Wellness App may disclose or use any Feedback as it sees fit without any compensation to you.
8. Prohibited Uses. You agree to use the Haute Wellness App Platform and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the Haute Wellness APP, LLC. Platform or related services. While using the Haute Wellness App Platform, you agree that you must not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Haute Wellness App Platform or Content (as defined below);
Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Haute Wellness App Platform is based;
Promote illegal activities, sexual, or "adult" conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
Use the Haute Wellness App Platform to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
Take any action to circumvent, compromise, or defeat any security measures implemented on any part of the Haute Wellness App Platform, including to gain access to any part of the Haute Wellness App Platform;
Use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Haute Wellness App Platform (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Haute Wellness App Platform;
Frame or otherwise simulate the appearance or functions of the Haute Wellness App Platform or any portion thereof;
Use the Haute Wellness AppPlatform to gain competitive intelligence about us or develop a competing Haute Wellness App Platform or service;
Use the Haute Wellness App Platform to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or other fraudulent schemes, or any other form of solicitation;
Harvest or otherwise collect information about other users; or
Authorize or assist a third party to do any of the foregoing.
9. User Contributions. The Haute Wellness App App may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Haute Wellness App. Any User Contribution you post to the Haute Wellness App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Haute Wellness App, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, including but not limited to, for marketing and promoting the Haute Wellness App Platform. For the avoidance of doubt, any User Contributions used for marketing or promotional purposes shall not contain any identifying features of the user who posted such User Contribution. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (b) All of your User Contributions do and will comply with this Agreement, including the Contribution Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Haute Wellness APP, LLC., have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the substance or accuracy of any User Contributions posted by you or any other user of the Haute Wellness App.
10. Contribution Standards. These contribution standards apply to any and all User Contributions. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. Monitoring and Enforcement. Haute Wellness App reserves the right to; remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Haute Wellness App or the Website or the public or could create liability for Haute Wellness APP, LLC.; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Haute Wellness App or Website; and terminate or suspend your access to all or part of the Haute Wellness App or Website for any or no reason, including without limitation, any violation of this Agreement.
We do not undertake to review all User Contributions before they are shared within the Haute Wellness App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or information provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
12. Intellectual Property Rights. All content and materials on the Haute Wellness App Platform and Website (https://hautewellnessapp.com/), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, or other material ("Content") is the property of Haute Wellness App or its third party licensors and is protected by United States and international intellectual property laws. All trademarks, trade dress, service marks, and trade names are proprietary to Haute Wellness App. The content and materials are intended for your personal, non-commercial use. You may make one copy of the Content displayed on the Haute Wellness Appr Platform for your personal, noncommercial use only. No right, title or interest in any Content is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell, or distribute in any way the Content.
13. Notice of Copyright Infringement. If you believe that the Haute Wellness App Platform contains any content or elements that infringe your copyrights, please provide Haute Wellness App Copyright Agent with the following information in writing:
A physical or electronic signature of a 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 single 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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more information regarding the above, please reference the Digital Millennium Copyright Act, 17 U.S.C. § 512.
14. Territorial Use. You acknowledge that the Haute Wellness App Platform is controlled in and originates from the United States. We provide the Haute Wellness APP, LLC. Platform for use only by persons located in the United States. We make no claims that the Haute Wellness App Platform or any of its content is accessible or appropriate outside of the United States. Access to the Haute Wellness App Platform may not be legal by certain persons or in certain countries. If you choose to access the Haute Wellness App Platform from outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with applicable local laws.
15. Disclaimer. THE Haute Wellness App PLATFORM IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO; IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE ANY RESULTS. THE INFORMATION, ASSESSMENTS, OR OTHER CONTENT PROVIDED THROUGH THE Haute Wellness APP, LLC. PLATFORM IS FOR INFORMATIONAL PURPOSES AND NOT A SUBSTITUTE FOR MEDICAL ADVICE, SERVICES, DIAGNOSIS, OR TREATMENT. YOU AGREE TO SEEK THE PROFESSIONAL MEDICAL ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY TREATMENT OR EXERCISE PROGRAM AND FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR PHYSICAL CONDITION. WE MAKE NO REPRESENTATION OR WARRANTY (A) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; (C) REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM; (D) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THAT ANY CONTENT, MATERIAL, INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE THE HAUTE WELLNESS APP AND CORRESPONDING WEBSITES ON ITS PLATFORM IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Haute Wellness APP, LLC. PLATFORM OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
HAUTE WELLNESS APP USES REASONABLE EFFORTS TO MAINTAIN THE HAUTE WELLNESS APP PLATFORM BUT HAUTE WELLNESS APP IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE HAUTE WELLNESS APP PLATFORM, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE HAUTE WELLNESS APP PLATFORM, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE HAUTE WELLNESS APP PLATFORM MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (I) PLATFORM MALFUNCTIONS; (II) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (III) CAUSES BEYOND THE CONTROL OF HAUTE WELLNESS APP OR WHICH ARE NOT FORESEEABLE BY HAUTE WELLNESS APP .
HAUTE WELLNESS APP DOES NOT HAVE ACCESS TO OR VISIBILITY OF ANY COMMUNICATIONS THAT YOU ENGAGE IN WITH OTHER USERS OF HAUTE WELLNESS APP OUTSIDE OF THE HAUTE WELLNESS APP PLATFORM. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT HAUTE WELLNESS APP IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT INVOLVE YOU OUTSIDE OF THE HAUTE WELLNESS APP PLATFORM. YOU COMMUNICATIONS OR DEALINGS WITH ANY THIRD PARTY OR HAUTE WELLNESS APP USERS IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY OR HAUTE WELLNESS APP USER.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.
16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAUTE WELLNESS APP LLC SHALL NOT BE LIABLE FOR ANY INJURY YOU MAY SUSTAIN OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, INJURY, DEATH, LOSS OF INCOME, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE HAUTE WELLNESS APP PLATFORM OR ANY FEATURES, INFORMATION OR MATERIALS PROVIDED ON THE HAUTE WELLNESS APP PLATFORM, OR COMMUNICATIONS RELATED TO THE HAUTE WELLNESS APP PLATFORM, EVEN IF HAUTE WELLNESS APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HAUTE WELLNESS APP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE HAUTE WELLNESS APP PLATFORM.
17. NO MEDICAL ADVICE
The information contained on these websites, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. While we may offer some references for products, equipment, and practices on these websites that are classified as food, beverage, nutrition advice, health practices, or dietary supplements products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through these websites should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care-related questions, please promptly call or see your health care practitioner. Before using any products or practices offered on these websites, carefully read all labels, make yourself aware of all or any risks and heed all directions and cautions that accompany the products or practices.
18. Termination. These Terms are effective upon your acceptance and will continue in full force until terminated as set forth herein. You agree that HAUTE WELLNESS APP may terminate your use of the HAUTE WELLNESS APP Platform, or any part thereof, or remove, discard, or discontinue providing any Content or portion of the Website or HAUTE WELLNESS APP, without notice. You may terminate these Terms at any time by discontinuing your use of the HAUTE WELLNESS APP Platform and destroying all materials, including any Content, that you obtained from the HAUTE WELLNESS APP Platform and any related documentation. Your access to the HAUTE WELLNESS APP Platform may be suspended or terminated immediately without notice from us, in our sole discretion, if you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the HAUTE WELLNESS APP Platform and destroy all materials, including Content, obtained via the HAUTE WELLNESS APP Platform and all copies thereof.
19. Release and Indemnification. You agree to release Haute Wellness App, INC, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the HAUTE WELLNESS APP Platform. If, at any time, you are not satisfied with the HAUTE WELLNESS APP Platform or any related services, your sole remedy is a cessation of use of the HAUTE WELLNESS APP Platform and such services.
You agree to defend, indemnify, and hold harmless HAUTE WELLNESS APP, INC, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the HAUTE WELLNESS APP Platform; (b) breach of these Terms; (c) infringement or misappropriation of any intellectual property or other rights of Haute Wellness APP, LLC. or third parties by you; or (d) any negligence or willful misconduct by you.
20. Dispute Resolution. THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.
(a) Arbitration. Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a "Dispute") will be determined by arbitration in the State of California before a single arbitrator. The American Arbitration Association ("AAA") will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Haute Wellness APP, LLC. will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, HAUTE WELLNESS APP INC., nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Haute Wellness APP, LLC.. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.
(b) No Class Action. YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND HAUTE WELLNESS APP INC ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
(c) Time to File. ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.
(d) Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
(d) Injunctive Relief. Notwithstanding anything herein to the contrary,HAUTE WELLNESS APP INC reserves the right to seek injunctive relief if you use the Site in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of HAUTE WELLNESS APP INC.
21. Applicable Law. You agree that the laws of the State of California without giving effect to any principles of conflicts of law, govern these Terms and any dispute of any sort that may arise between you and us or any of our affiliates. HAUTE WELLNESS APP and you acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.
22. Export. Unless otherwise specified, the Content, HAUTE WELLNESS APP Platform, and other materials are solely for the services or products available in the United States. HAUTE WELLNESS APP makes no representations or warranties that the HAUTE WELLNESS APP Platform, Content, or other material accessible via the HAUTE WELLNESS APP Platform is appropriate or available in locations outside of the United States. If you access the HAUTE WELLNESS APP from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.
23. FORUMS / BLOG / SOCIAL MEDIA
“Forum” means an area, site or feature offered as part of these websites that offers the opportunity for users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend emails). Additionally, “Forum” includes any other website page created by HAUTE WELLNESS APP , on one or more social media pages, including, but not limited to, Facebook, Twitter, Instagram, YouTube, and Tiktok.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying a Forum.
Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable laws or regulations.
You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials at our sole discretion. HAUTE WELLNESS APP, recommends and various food, beverage and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. HAUTE WELLNESS APP , and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify, or otherwise use or take any action with respect to content you post on these websites.
Also, you should be skeptical about information provided by others and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum, and we specifically disclaim any and all liability in connection therewith.
24. THIRD-PARTY LINKS
The Haute Wellness APP and linked websites may link to websites operated by third parties (“Third Party Sites”). Haute Wellness APP has no control over these Third Party Sites, all of which have separate privacy and data collection practices independent of Haute Wellness APP. Haute Wellness APP is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such Third Party Sites. These Third Party Sites are only for your convenience and therefore, you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Haute Wellness APP is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
25. Miscellaneous.
(a) Entire Agreement. These Terms, including any other terms or agreements referenced herein, constitute the complete and entire agreement between you and us with respect to HAUTE WELLNESS APP Platform and Content offered via the HAUTE WELLNESS APP Platform, and unless otherwise expressly stated herein, supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the HAUTE WELLNESS APP Platform or Content.
(b) No Waiver. No waiver by either Party of any breach of these Terms shall be deemed to be, or construed as, a further or continuing waiver of any other such breach or a waiver of any other breach of these Terms.
(c) Modification. We reserve the right to modify these Terms or any additional terms that apply to the HAUTE WELLNESS APP Platform, at any time, without notice. You should review these Terms regularly. Your continued access or use of the HAUTE WELLNESS APP Platform after the Terms have been revised constitutes your express consent to the modified Terms.
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https://hautewellnessapp.com/