terms of service

AGREEMENT TO OUR LEGAL TERMS

We are Hume Health LLC, trading as Hume Health (" Company ", " we ", " us ", " our "), a corporation incorporated in Delaware, United States, at 1007 North Orange Street, Wilmington, DE 19801. Our VAT number is 361 3782 93.

We operate the website https://de.humehealth.com/ (the "Site"), the Hume Health mobile application (the "App"), and all other related products and services that reference or link to these Legal Terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@myhumehealth.com or by mail at 1007 North Orange Street, Wilmington, DE 19801, United States.

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Hume Health LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will notify you in advance of any planned changes to the Services you use. The modified legal terms will be effective upon posting or notification via support@myhumehealth.com as specified in the email message. By continuing to use the Services after the effective date of the changes, you agree to the modified terms.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

We recommend that you print a copy of this Legal Notice for your records.

TABLE OF CONTENTS

OUR SERVICES

The information provided in use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so you may not use the Services if your interactions would be subject to such laws. You may not use the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained in the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks").

Our content and trademarks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks in or through the Services are provided "as is" solely for your personal, non-commercial use.

your use of our services

Provided that you comply with these Legal Terms, including the " PROHIBITED ACTIONS " section below, we grant you a non-exclusive, non-transferable, revocable license to

access the Services; and

downloading or printing a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as provided in this section or elsewhere in our Legal Notice, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content or Marks in any manner other than as set out in this section or elsewhere in our Legal Terms, please direct your request to support@myhumehealth.com. If we ever grant you permission to publish, reproduce or publicly display any portion of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that all copyright or proprietary notices appear or are visible when you publish, reproduce or display our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any violation of these intellectual property rights will constitute a material breach of our legal terms and your right to use our Services will immediately terminate.

your submissions

Please read this section and the " PROHIBITED ACTIVITIES " section carefully before using our Services to understand (a) what rights you grant to us and (b) what obligations you have when you post or upload Content through the Services.

Submissions: By directly sending us questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submissions and shall be entitled to unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By submitting Submissions to us through any part of the Services, you acknowledge:

acknowledge that you have read and agree to our " PROHIBITED ACTIVITIES " and that you will not post, send, publish, upload or transmit through the Services any Submissions that are illegal, harassing, hateful, harmful, defamatory, obscene, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, fraudulent or misleading;

to the extent permitted by applicable law, to waive all moral rights in such Submissions;

to warrant that such Submissions are original with you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above rights with respect to your Submissions; and

to warrant and represent that your Contributions do not constitute confidential information.

You are solely responsible for your Contributions and you expressly agree to indemnify us for any losses that we may incur as a result of your violation of (a) this Section, (b) the intellectual property rights of any third party, or (c) applicable law.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update the registration information as necessary; (3) you have the legal capacity and agree to comply with such legal requirements; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

In order to use the Services, you may be required to register. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We strive to display as accurately as possible the colors, features, specifications and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications and details of the products are accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENTS

We accept the following payment methods:

- PayPal

- Discover

- American Express

- Master Card

- visa

- Klarna

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases when we deem it necessary. We may change prices at any time. All payments will be made in U.S. dollars.

You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts when you place your order. If your order is subject to recurring charges, you agree that we may charge your payment method on a recurring basis without requiring your prior consent for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These limits may also apply to orders placed by the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUND POLICY

Please read our return policy, which can be found on the Services, before purchasing.

SOFTWARE

We may provide software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. All software and related documentation is provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risk arising from the use or performance of the software. You may not reproduce or distribute any software except in accordance with the EULA or these Legal Terms.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors unless such endeavor is specifically endorsed or approved by us.

As a user of the Services, you agree not to do the following

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

Trick, defraud, or mislead us or other users, particularly in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

Disparage, defame, or otherwise harm us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Unauthorized framing or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any other party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Deleting any copyright or other proprietary notices from any Content.

Attempt to impersonate another user or person or use another user's username.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.

Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services.

Except for standard search engines or Internet browsers, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

use a purchasing agent or purchasing agent to make purchases through the Services.

Any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

use the Services to advertise or offer for sale goods and services.

Sell or otherwise transfer your profile.

USER-GENERATED POSTS

The Services do not provide users with the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Submissions"). Submissions may be viewed by other users of the Services and through third party websites. When you create or make available Submissions, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to authorize us, the Services, and other users of the Services to use your Contributions in the manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your contributions are not false, inaccurate or misleading.

Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, abusive, defamatory, or otherwise objectionable (as determined by us).

Your contributions do not ridicule, mock, denigrate, intimidate or insult anyone.

Your Contributions will not be used to harass or threaten (in the legal sense of those terms) other people or to promote violence against a specific person or group of people.

Your contributions do not violate any applicable laws, regulations or rules.

Your contributions do not violate the privacy or publication rights of third parties.

Your Contributions do not violate any applicable laws regarding child pornography or the protection of the health or well-being of minors.

Your Contributions do not include any offensive comments that are based on race, national origin, gender, sexual preference, or physical disability.

Your Contributions do not violate, or contain links to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Services in violation of the foregoing constitutes a breach of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.

CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process and use the information and personal data you provide and your choices (including preferences).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not claim ownership rights in your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you make available on any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

GUIDELINES FOR RATINGS

We may provide areas on the Services where you can post reviews or ratings. When you post a review, you must adhere to the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews should not contain references to illegal activities; (5) you should not be associated with competitors when posting negative reviews; (6) you should not draw conclusions about the legality of any conduct; (7) you must not post false or misleading statements; and (8) you must not organize a campaign that encourages others to post positive or negative reviews.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if someone finds the reviews offensive or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the opinions of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses arising from a review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review by any means.

LICENSE FOR MOBILE APPLICATIONS

license to use

If you access the Service via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms of this mobile application license contained in these Legal Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except as permitted by applicable law; (2) modify, adapt, enhance, enhance, translate, or create derivative works from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notices (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, respectively, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as set forth in the terms of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary.

INDICATOR

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as in the sidebar or in advertising banners. We merely provide the space for such advertisements and have no other relationship with the advertisers.

ADMINISTRATION OF SERVICES

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict, limit the availability of, or disable (to the extent technologically feasible) access to your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

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PRIVACY POLICY

Privacy and data security are important to us. By using the Services, you agree to our Privacy Policy, posted on the Services, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

TERM AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR FOR VIOLATION OF APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME AND WITHOUT WARNING IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Services at any time and for any reason at our sole discretion and without prior notice. However, we have no obligation to update any information in our Services. We also reserve the right to modify or discontinue all or any part of the Services at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. Hardware, software, or other problems may arise or we may need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Legal Notice will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection with the Services.

APPLICABLE LAW

These Terms of Use and your use of the Services are governed by the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall begin upon written notice by either Party to the other Party.

Binding arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and costs. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Kent, Delaware. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kent, Delaware, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

restrictions

The parties agree that any arbitration will be limited to the Dispute between the parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

Exceptions to informal negotiations and arbitration proceedings

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect or concerning the validity of any intellectual property rights of a Party; (b) any Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information in the Services at any time without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

DAMAGES

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) violation of these Legal Terms; (3) breach of your representations and warranties set forth in these Legal Terms; (4) violation by you of any third party's rights, including but not limited to intellectual property rights; or (5) any overtly harmful act toward another user of the Services with whom you are connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it

USER DATA

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

USERS AND RESIDENTS OF CALIFORNIA

If any complaint with us is not satisfactorily resolved, you can contact us in writing at the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms shall apply to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms or use of the Services. You agree that these Legal Terms will not be construed against us simply because we drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signature by the parties hereto to execute these Terms.

CONTACT

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Hume Health LLC
1007 North Orange Street
Wilmington, DE 19801
United States
support@myhumehealth.com