Terms and Conditions
These Terms of Service are a contract between you (“you,” “your,” or “user”) and Endless Health, Inc. ("Company," “Endless Health,” “we,” or “us”), formerly Peregrine Biosense Inc., and oversee your access to and use of the Endless Health mobile application (“App”), the Endless Health website located at www.endless.health and all other Endless Health-branded websites (each, a "Website"), and other software applications and online services provided by us.
As used in these Terms the terms “you,” “your,” “yourself,” and “User” shall refer to the individual accessing Company’s Website.
Endless Health is not a healthcare provider, nor does it offer medical or healthcare advice OR SERVICES. WE MAY SUPPLY information related to various medical conditions on the website or through SERVICES OR, WHEN AVAILABLE, the community forum (DEFINED BELOW). The content on the website, including the app, and the Services you may avail are strictly for informational purposes only. No material on the website, including the app, is intended to replace professional medical advice, diagnosis, or treatment. Always consult a competent healthcare provider with any questions you may have about a medical condition or treatment FOR YOURSELF.
IF YOU SUBSCRIBE, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SPECIFIED AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY EXTENDED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT ENDLESS HEALTH’S THEN-CURRENT FEES FOR THE RELEVANT SERVICES UNLESS YOU CHOOSE NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT END YOUR SUBSCRIPTION AND IS NOT A DECLINATION OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.3 BELOW.
PLEASE NOTE THAT ARBITRATION SECTION OF THESE TERMS, BELOW, CONTAINS PROVISIONS THAT DICTATE HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT OCCURRED OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS. SPECIFICALLY, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE ALLOWED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms are effective (“Effective Date”) on the date you use or access the Services and/or the Website, whichever is earlier. These Terms are effective unless otherwise terminated by Company or user. In such an event, these Terms will continue to apply and be binding upon the user with regard to the user's prior use if the Services and any rights or licenses granted to the Company under these Terms will survive the termination of these Terms.
Endless Health, Inc. offers a comprehensive platform dedicated to empowering you in your health journey. Our offerings include a mobile application, websites under the Endless Health brand, health testing kits, an AI-based coaching system, and other software applications and online services, all designed to enhance your health and wellness knowledge and experiences.
Mobile Application: Our Endless Health mobile app is an innovative tool designed to deliver a wealth of health information to your fingertips. It features articles, videos, interactive tools, and AI-based coaching that provides insights into various health and wellness topics, tailored to your specific needs and goals. The app allows users to purchase off-the-shelf wearable devices, which can be connected to the app, allowing users to view and track certain User Data (defined below).
Health Testing Kits: We offer health testing kits that can be purchased directly from our platform. These kits are designed to give you insights into various health markers, supporting you in understanding and managing your health. Please remember that these kits are for informational purposes and do not replace professional medical advice.
Websites: Endless Health branded websites act as a digital hub for all our content. Here, you can access blog posts, articles, videos, and other content aimed at deepening your understanding of health and wellness.
Online Services: We provide online services including health forums, webinars, or virtual workshops. These spaces offer a place for users to share experiences, ask questions, and learn from both professionals and peers.
AI-Based Coaching: Our AI-based coaching system, adhering to HIPAA regulations, is designed to provide personalized health and wellness advice. It uses data from your health testing kits, lifestyle information, and other inputs to create custom recommendations. However, this feature is not a substitute for professional healthcare advice or treatment.
Subscription: Subscribing to Endless Health grants you access to premium content and services such as in-depth articles, exclusive videos, access to special events, and more. The subscription is renewable and will continue for the duration you choose at the time of purchase unless you opt to cancel.
Community Interaction: Our Community Forums (when available) provides a space for subscribers to interact, ask questions, share experiences, and receive support from the Endless Health community. This resource, while valuable, should not replace professional medical advice.
All the services provided by Endless Health, Inc. are designed to enrich your understanding of health and wellness. However, it's vital to note that we do not replace healthcare providers and do not offer medical advice or services. Always consult with a healthcare professional for any medical concerns or conditions you may have.
Overview. Client desires Company to provide Tests to Tested Persons pursuant to an arrangement in which Laboratory performs the collection of the specimens for the Tests and Laboratory performs the Tests in its affiliated laboratory facilities.
Test Orders. Client understands that each specimen submitted for testing under this Agreement will be accompanied by a valid signed order from a healthcare provider who is authorized to order the Tests under the laws of the state in which the Tested Person is located (“Authorized Provider"). Company will be responsible for providing the Authorized Provider for the Tests.Consents and Authorizations. Client warrants and represents that it shall obtain all consents from Tested Persons as may be required by applicable law to enable Laboratory to perform the Tests. Laboratory shall report the results of the Tests to the Authorized Providers, but if Client also wishes to obtain the results of the Tests directly from Laboratory, Client shall obtain and maintain a HIPAA compliant authorization from the Tested Persons to authorize the release of such results to Client and Client’s personnel. Upon request, Client shall provide Company with a copy of such consents and authorizations.
Report Delivery. Company will transmit Test results to Client and Authorized Providers.The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Service.
Account Creation and Maintenance
Every user is obliged to agree to and adhere to the terms and conditions of Endless Health, which are implicitly integrated into these Terms.
(b) Access to Account: Your Account permits you to access the applicable features on our Website and the Services, as we may determine and uphold from time to time at our sole discretion. Certain services that involve a fee may only be accessed through the Subscription outlined in Section 5.3. We may design different types of Accounts for different types of Users. Your interaction with the Services and your User profile control can be managed by accessing the "Account Settings" page features that may be made available to you. It is your responsibility to provide truthful and complete information when creating your Account and to promptly maintain and update it as required to keep it accurate, current, and comprehensive. You alone are accountable for your Account's activities and you must keep your Account password secure. It is not permissible to grant a third party access to your Account. Any security breach or unauthorized use of your Account should be promptly reported to Endless Health. Endless Health is not responsible for any losses resulting from any unauthorized use of your Account. You are prohibited from using another User’s Account without their permission. Despite anything contrary herein, you acknowledge and agree that you shall not have any ownership or other property interest in your Account, and all rights in and to your Account are owned by and for the benefit of Endless Health.
Rules for Service use
You pledge not to undertake any of the following prohibited activities while accessing or using our Services:
(a) Unauthorized commercial exploitation of any part of our Services, such as licensing, selling, transferring, or distributing the Services, or using them on a timesharing or service bureau basis; (b) Framing or using framing techniques to enclose any Endless Health Marks or Services, unless expressly permitted; (c) Disproportionately burdening our infrastructure; (d) Making alterations or derivative works of our Services, or attempting to decipher their underlying structure; (e) Sending spam or other unsolicited communications; (f) Impersonating others or violating their rights, or acting fraudulently; (g) Uploading harmful or invalid data, including viruses or worms; (h) Harvesting personally identifiable information; (i) Using our Services for commercial solicitation or to create competing products or services; (j) Hindering the functioning of our Services; (k) Accessing our content through unauthorized means; (l) Bypassing our measures designed to prevent or restrict access to our Services.
Modifications to the Services:
We retain the right to alter, discontinue, or set usage limits for our Services, or any part thereof, without prior notification, but if we do, we will bring it to your attention by placing a notice on the https://www.endless.health/ website, by sending you an email, and/or by some other appropriate means.. We may suspend or terminate your access to our Services, or any part thereof, including the right to cancel any hosted sites, for any reason or no reason, including if you violate any provision of these Terms, at our sole discretion and without prior notice or liability. If any portion of the Services is terminated for any reason, you continue to be bound by these Terms until they are terminated. Endless Health reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels, at our sole discretion.
Accessing Endless Health Services
Endless Health offers you a revocable, limited, non-exclusive, non-transferable license to utilize our website and services for personal or internal purposes, in accordance with the stipulated terms and conditions.
Mobile Application Use
Endless Health provides you with a similar license for the use of our mobile application, which is restricted to your personal devices and in line with the app's designated features. Compatibility with your mobile device is essential and Endless Health reserves the right to issue or necessitate upgrades to the app as needed. This license does not constitute a sale of the app, and all rights and interests in the app remain with Endless Health and its third-party collaborators or suppliers.
Respecting Privacy and Confidentiality
Term, Termination, and Changes of Services
Duration: This agreement takes effect when you first use our services or agree to these terms and continues until it's ended as described in the Termination section.
Termination: If you don't follow these terms, your access to the services ends automatically. Moreover, Endless Health can choose to end this agreement or your use of the services, or it can suspend your use of the services, whenever it wants, for any reason, without notifying you. Endless Health won't be responsible for any problems that result from such an ending. You can also stop using the services and end this agreement anytime by contacting our customer service.
Effects of Termination: When this agreement ends, your right to use the services stops and you must stop using the services right away. You will no longer be allowed to access the services. Certain sections of this agreement will still apply after the termination. You need to keep copies of any content you post, as you might lose access to it after termination. If your access to the services was terminated because you broke these terms, you're not allowed to access the services by using a different name, email, or any other means of identity verification.
Changes to the Services: Endless Health has the right to change or stop all or part of the services at any time. This could include limiting or stopping certain features of the service, temporarily or permanently, without notifying you. Endless Health won't be responsible for any issues that result from changes to the services or the suspension or ending of your access to the services. You should keep copies of any content you post so you still have it if the services change and you can't access your posted content anymore.
Copyright and DMCA NoticeYou can't post, change, share, or reproduce copyrighted material, trademarks, publicity rights, or other proprietary rights in any way without first getting written permission from the owner of those rights. Endless Health can prevent any user from accessing the services if they're accused of infringing someone else's copyright.
Endless Health’s Intellectual Property Rights
We clarify that aside from your user content, Endless Health holds all rights and interests, including intellectual property rights, in the website and services. These encompass software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and all intellectual property rights safeguarded by U.S. and international laws. Any unauthorized use, reproduction, alteration, or creation of derivative works from our website is strictly forbidden. All aggregate data derived from user interactions are also proprietary to Endless Health.
We wish to note that these terms do not permit you to use or reference Endless Health's name, logos, trademarks, product names, and/or service names. All non-Endless Health trademarks that appear on the website belong to their respective owners, and their use does not indicate any affiliation, endorsement, or approval.
Copyright and Limited License
Endless Health and its contents, including but not limited to logos, designs, trademarks, text, graphics, pictures, information, data, software, sound files, and other files, are protected by U.S. and international copyright laws. We provide you with a limited, non-transferable license to access and use the website and its contents for personal, informational, and shopping purposes only. Any use outside of these provisions, such as for commercial purposes, distribution, public display, or the creation of derivative works, is strictly prohibited.
Feedback and Suggestions
Endless Health may invite or allow you to share feedback, modifications, suggestions, improvements, comments, or ideas about our services or products ("Ideas"). By sharing these Ideas, you grant Endless Health an unlimited, royalty-free, irreversible, perpetual license to use, incorporate, or exploit your Ideas as we see fit.
Paid Services from Endless Health
Certain aspects of Endless Health services, which may encompass unique features or services for which you gain access through a time-bound subscription or a one-time payment, might require a fee. You commit to meet all costs related to your account following the prices, fees, and billing conditions operative at the time the fee or charge is due. Details about current pricing and payment policies can be found on our website. Endless Health holds the discretion to introduce new products or services with associated costs or modify the fees for existing ones whenever deemed necessary.
Endless Health will bill you at the onset of your subscription and at regular intervals that align with your choice at the time of purchase. The timing of these billings may be subject to change. Subscriptions will auto-renew indefinitely, even if you discontinue using or accessing our services, until you cancel your subscription as per the Agreement. Following the initial and any subsequent subscription periods, your subscription will auto-renew on the first day after the end of that period at the prevailing cost for such a subscription from Endless Health. To cancel your subscription, you can visit the "Manage Membership" page on your "Account Settings" page or contact Endless Health at our support email. In case of cancellation, you can continue using the subscription until the end of the ongoing subscription term.
Order Confirmation and Acceptance
After placing an order for a product through our platform, the receipt of an order confirmation doesn't denote acceptance of your order by Endless Health, nor does it affirm our offer to sell. We reserve the right to accept, decline, or supply less than the quantity ordered at any point after receiving your order without providing prior notice. Your order will be considered accepted upon delivery of the ordered products. All sales are subject to the return policy of Endless Health active at that time. Refunds or credits might be issued in specific circumstances solely at Endless Health's discretion. All warranties for wearable devices from third-party manufacturers are subject to the manufacturer's warranty, with Endless Health not providing any warranties for such devices.
Payment Service Provider
Payments required as per this agreement do not cover any potential sales tax that may be due in relation to the services offered under this agreement. If Endless Health is legally obliged to collect sales tax from you, such sales tax will be collected in addition to the payments required as per this agreement. If any services or payments for services under this agreement are subject to sales tax in any jurisdiction, and you have not paid the sales tax to Endless Health, you will be responsible for paying the sales tax and any related penalties or interest to the relevant tax authority. On request, you must provide Endless Health with official receipts.
Links to External Content and Third Party Content
Use of Third-Party Software
The Endless Health services may incorporate third-party software components, which are typically available free of charge under licenses granting broad rights to copy, modify, and distribute those components ("Third-Party Components"). While the services are provided to you subject to these Terms, nothing in the Terms prevents or restricts you from obtaining Third-Party Components under the applicable third-party licenses, nor is intended to limit your use of Third-Party Components under those third-party licenses.
You agree to protect, indemnify, and hold harmless Endless Health, including its subsidiaries, agents, licensors, managers, affiliated companies, employees, contractors, agents, officers, and directors, from any claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorney’s fees) arising from: your use and access to our products and services, including any data or content, such as User Content, sent or received by you; your breach of any terms of this Agreement, including your violation of any representations and warranties herein; any harm or violation of third-party rights caused by you or your User Content, including privacy, publicity, or intellectual property rights; your violation of any applicable laws, rules, or regulations; disputes between you and another party regarding data ownership or access to personal information submitted to Endless Health; or any other party accessing and using the services with your unique username, password, or security code.
You understand and agree that, as far as the law allows, you use the products, website, and services provided by Endless Health at your own risk. The products, website, and services are provided to you strictly on an "as is" and "as available" basis. To the fullest extent permissible under the law, Endless Health disclaims all warranties of any kind, express or implied, including but not limited to, fitness for a particular purpose, merchantability, and non-infringement. No advice or information obtained by you from Endless Health or through the website or services will create any warranty not explicitly stated here. Endless Health, its subsidiaries, and licensors do not guarantee that any content, results from the services, or user content is accurate, reliable, or correct. You download or obtain any content through the use of the services at your own risk, and you are solely responsible for any damage to your computer or mobile device or loss of data that results from such download or use. Endless Health does not represent or warrant that the website, services, or any content available is reliable, timely, quality-assured, suitable, truthful, available, accurate, or complete.
Limitations of Liability
To the greatest extent permissible by law, neither Endless Health nor its providers shall be liable for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including loss of data, revenue, profits, use, or other economic advantage) arising out of or connected with Endless Health, including but not limited to, the use or inability to use the website, or for any content, materials, products, or other information obtained from or through Endless Health, or any interruption, inaccuracy, error, or omission in the content, regardless of cause, even if Endless Health or its providers have been previously advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you. To the fullest extent permitted by applicable law, Endless Health’s aggregate liability shall not exceed one hundred United States dollars ($100).
Endless Health may send you emails about our own and third-party products and services.
By using our service, you agree not to:Engage in any illegal activities (such as selling illegal products or services or infringing intellectual property, including copyrights, trademarks, and patents) or violate any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or harm any other user; violate or encourage others to violate any third-party rights, including by infringing or misappropriating any third-party intellectual property rights; access, search, or use any part of the services through unauthorized methods; interfere with security-related features of the services or the operation of the services or any user’s enjoyment of the services; perform fraudulent activity; sell or transfer the access granted under these terms; or attempt to do any of the actions described in this section or help or allow any person to engage in any of these actions.
a. Definition. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to our food database, lab test results, exercise data, and any other kind of works of authorship), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on or through the Services (such as message boards, recipe logging, lab test submissions, exercise logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
b. Agreement. You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
c. Grant of License. You hereby grant Endless Health, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns (collectively, the “Endless Health Parties”) a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content.
d. Removal of User Content. If Endless Health's Services allow you to eliminate or remove User Content, the licenses granted by you within your User Content will end in a commercially acceptable duration following the removal or deletion of such User Content from the Services. However, you acknowledge and concur that Endless Health might keep, without displaying, distributing, or performing, server copies of User Content that have been deleted or removed. In particular cases, for instance, if User Content has been curated by Endless Health for social media display, or incorporated into print content, the licenses granted by you relating to such User Content won't terminate and may continue to be displayed, distributed, and performed indefinitely.
e. User Content Guidelines. You agree not to provide any User Content or take action using the Website or Services that: (a) encourages, glorifies, or threatens violence, harm, distress, death, or self-harm to any person or animal; (b) incites harm or damage to any individual or property; (c) degrades, harasses, or promotes hatred or violence against any person or groups; (d) includes explicit sexual or pornographic material, particularly involving minors; (e) violates others' rights or could lead to civil or criminal liability under relevant laws; (f) encourages illegal activities or violations of third-party rights; (g) misrepresents your identity or association with any person or organization; (h) attempts to obtain or discloses personal information; (i) involves information that you don't have the right to disclose; (j) falsely impersonates another person or entity; or (k) Endless Health finds to be unlawful, abusive, offensive, libelous, or otherwise objectionable.
f. User Content Warranties. If you provide any User Content, you assure that you possess all necessary rights and permissions to grant the rights and licenses regarding your User Content under these Terms, ensuring its use aligns with these Terms and the functionality of the Services, without violating others' rights. This includes any rights concerning musical compositions, sound recordings, privacy, publicity, and authorship rights in your User Content.
g. No Liability for User Conten. Endless Health assumes no responsibility for any User Content provided by you or other users. Endless Health is not obligated to review, endorse, or make any representations regarding User Content. You bear sole responsibility for your User Content and the resultant consequences. Endless Health merely provides a platform for your User Content, and retains the right to reject or remove any User Content it deems inappropriate or violating these Terms.
h. User Content Storage. Unless explicitly agreed by Endless Health, it bears no obligation to store any User Content provided by you. Endless Health isn't responsible for the deletion, accuracy, or security of any User Content. You are solely responsible for determining the access level to your User Content. Endless Health reserves the right to set reasonable limits on the use and storage of User Content, including file size, storage space, processing capacity, and similar constraints.
i. No Pre-Screening Obligation. You recognize that Endless Health isn't obligated to pre-screen User Content but may do so at its sole discretion. Your agreement to these Terms serves as your irrevocable consent to such monitoring. Endless Health has the right to remove any User Content that violates these Terms or is otherwise objectionable.
j. Content Investigations. Endless Health reserves the right, without any obligation, to investigate potential violations of these Terms and remove any of your User Content for any reason, including if such User Content contravenes these Terms or any applicable law.
You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to the Endless Health Parties under this section. You also warrant that, to the extent you are not the exclusive holder of all Rights in a User Content, any third party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. You also permit any user to access, display, view, store and reproduce any User Content that you have made available in any Public Forum (including an Endless Health Group) for personal use.
Arbitration-1 Generally. Unless otherwise stated in Arbitration-2 and Arbitration-3, you and Endless Health agree that any disputes arising in relation to these Terms, the Services, or our communications will be resolved through binding arbitration. Arbitration involves a neutral arbitrator instead of a judge or jury, and it's less formal than court proceedings, potentially allowing for limited discovery and subject to very restricted court review. This agreement to arbitrate covers all claims - contract, tort, statute, fraud, misrepresentation, or other legal theories, and applies even if a claim emerges during or after the termination of these Terms. Any disagreement about the interpretation, applicability, or enforceability of this arbitration agreement will be determined by the arbitrator.
BY ACCEPTING THESE TERMS, YOU AND ENDLESS HEALTH ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration-2 Exceptions. While we agree to arbitrate most disputes, these Terms do not waive, preclude, or otherwise limit the right of either party to: (a) initiate an individual action in small claims court; (b) pursue an enforcement action through the relevant federal, state, or local agency, if available; (c) seek injunctive relief in a court of law to aid arbitration; or (d) file a lawsuit in a court of law to address an intellectual property infringement claim.
Arbitration-3 Opt-Out. If you prefer not to resolve disputes through binding arbitration, you can opt out of this section within 30 days from the date you agree to these Terms. Send a letter to Endless Health, Inc. stating your full legal name, the email address you use to access the Services, and a declaration that you want to opt out of arbitration (“Opt-Out Notice”). Once Endless Health receives your Opt-Out Notice, this section will become void, and any action arising from these Terms will be resolved as detailed in Miscellaneous-2. Your Opt-Out Notice won't affect the rest of these Terms.
Arbitration-4 Arbitrator. This arbitration agreement, including any arbitration between us, is subject to the Federal Arbitration Act and will be governed by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”), as modified by these Terms. The AAA Rules and filing forms can be found online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Endless Health.
Arbitration-5 Initiating Arbitration. Before starting arbitration, a party must first send a written notice of the dispute to the other party through certified U.S. Mail or Federal Express (signature required) or, only if that other party hasn't provided a current physical address, then via email (“Notice of Arbitration”). The Notice of Arbitration must: (a) identify the name or email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) specify the relief sought (“Demand”). Both parties will make good faith efforts to resolve the claim directly. However, if we can't reach an agreement within 30 days after receiving the Notice of Arbitration, you or Endless Health may start an arbitration proceeding. If you initiate arbitration in line with these Terms, Endless Health will reimburse your filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar arbitration demands. In these cases, the AAA Rules will decide the payment of any fees. If the arbitrator deems the claim or the relief sought in the Demand frivolous or made with an improper purpose (as per Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and the other party may seek reimbursement for any fees paid to AAA.
Arbitration-6 Arbitration Proceedings. Unless otherwise agreed or if the claim is for US$10,000 or less (excluding injunctive relief), you may choose the manner in which the arbitration will be conducted: (a) solely based on submitted documents to the arbitrator; (b) through a telephonic or video hearing; or (c) through an in-person hearing as determined by the AAA Rules in the county (or parish) of your residence. During arbitration, neither party shall disclose any settlement offers made until the arbitrator reaches a final decision and award, if any. Regardless of the arbitration method, the arbitrator must issue a reasoned written decision explaining the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration-7 Arbitration Relief. Except as stated in Arbitration-8, the arbitrator has the authority to grant any relief that would be available if the claims were brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement offer made by Endless Health prior to selecting an arbitrator, Endless Health will pay you the higher of: (a) the awarded amount; or (b) US$10,000. The arbitrator's decision is final and binding on all parties, except (1) for judicial review as expressly permitted by law or (2) if the arbitrator's award includes injunctive relief against a party. In the latter case, the party subject to injunctive relief may seek judicial review in a court of competent jurisdiction that is not bound by the arbitrator's legal determinations. The arbitrator's award may be entered as a judgment in any court with jurisdiction.
Arbitration-8 No Class Actions. YOU AND ENDLESS HEALTH AGREE THAT CLAIMS MUST BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Endless Health agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Arbitration-9 Modifications to this Arbitration Provision. If Endless Health makes any substantial changes to this arbitration provision, you may reject the changes by sending us written notice within 30 days of the modified provision. In such a case, your access to the Services provided by Endless Health will be immediately terminated, and the previous version of this arbitration provision will continue to apply.
Arbitration-10 Enforceability. If Arbitration-8 or this entire Arbitration section is found to be unenforceable, or if Endless Health receives an Opt-Out Notice from you, then this entire Arbitration section will be null and void. In such a case, the exclusive jurisdiction and venue described in Section Miscellaneous-2 will govern any action arising from or related to these Terms.
Miscellaneous-2 Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Endless Health submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Texas for resolution of any lawsuit or court proceeding permitted under these Terms.
Miscellaneous-3 Force Majeure. In addition to any excuse provided by applicable law, Endless Health and its Providers shall be excused from liability for any inability or delay in using the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Miscellaneous-4 Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the "Additional Terms"). All Additional Terms are incorporated by this reference into and made a part of these Terms.
Miscellaneous-6 Contact Information. The Services are offered by Endless Health, Inc. You may contact us by emailing us at email@example.com.
Miscellaneous-7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services.
Miscellaneous-8 No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
Miscellaneous-9 International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited. You are responsible for complying with all applicable laws and regulations regarding your use of the Services in your jurisdiction.
Miscellaneous-10 Survival. Sections 15 (Dispute Resolution and Arbitration) and 16 (Miscellaneous) shall survive any termination or expiration of these Terms.
Miscellaneous-11 Entire Agreement. These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and Endless Health relating to the subject matter herein and supersede all prior or contemporaneous communications, whether oral or written, concerning the subject matter.
Miscellaneous-12 Waiver. The failure of Endless Health to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of Endless Health.
Miscellaneous-13 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Miscellaneous-14 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Miscellaneous-15 Relationship of the Parties. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Endless Health.
Miscellaneous-16 Third-Party Beneficiaries. These Terms are solely for the benefit of you and Endless Health and do not create any rights or benefits for any third party.
Miscellaneous-17 Notices. Any notices or other communications provided by Endless Health to you under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Miscellaneous-18 Construction. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms.
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