TERMS OF SERVICE
Version 1.0 Effective Date: November 8, 2022 Last Update: November 8, 2022
Welcome, and thank you for your interest in Made Human LLC. (“Made Human”, “we,” “our” or “us”) and our website located at https://juleswalters.com/ (the “Site”) and any other services provided by us (collectively, the “Services”).
By using or subscribing to our Services, including browsing the Site, you represent that:
PLEASE BE AWARE THAT SECTION 14 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(3) YOU WILL ONLY BE PERMITTED 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
(4) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF PENNSYLVANIA SUBJECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
The Services consist of the following, without limitation:
The juleswalters.com website and associated blog have been created to provide people seeking to live a healthier life with informed access to the best consumer health products through well researched, independent reviews and comparisons (the “Site Content”). The Jules Walters Site located at https://juleswalters.com/ (the “Jules Walters Site” or “Site”) allows users to view, read and engage with Site Content either with or without a free subscription.
Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Site or Made Human App for existing users, provided that any material changes shall be effective for users who have submitted their email addresses to us thirty (30) days after dispatch of an email notice of such changes to registered users. Made Human may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE CURRENT TERMS.
PERSONS UNDER 13 ARE PROHIBITED FROM PROVIDING PERSONAL INFORMATION ON OUR SERVICES. If you are under 13, you may only use our Services with the consent of a parent or guardian 18 years of age or older, which you agree you have obtained and proof of which we may require. If you believe that a person under 16 has submitted personal information, please email us at email@example.com.
1.Made Human Properties
- Access to and Use of Made Human Properties. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Made Human Properties”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Made Human Properties may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Made Human Properties. Nothing in these Terms grants you any right to receive delivery of a copy of Made Human Properties or to obtain access to Made Human Properties except as generally and ordinarily permitted through the Site, according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Made Human Properties. Certain of the names, logos, and other materials displayed on the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Made Human or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site will be governed by such third parties’ licenses and not by these Terms.
- Updates. You understand that Made Human Properties are evolving. As a result, Made Human may require you to accept updates to Made Human Properties that you have installed on your computer or other device. You acknowledge and agree that Made Human may update Made Human Properties with or without notifying you. You may need to update third-party software from time to time in order to use Made Human Properties.
- Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Made Human Properties or any portion of Made Human Properties, including the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Made Human Properties (including images, text, page layout or form) of Made Human; (c) you shall not use any metatags or other “hidden text” using Made Human’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Made Human Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Made Human Properties in order to build a similar or competitive Site, application or service; (g) except as expressly stated herein, no part of Made Human Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not post on the Site any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents; (i) you shall not post anything that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner; (j) you shall not post advertisements or solicit any person to buy or sell products or services (other than our Products); (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Made Human Properties; and (l) you shall not access or use the Site or any Services, including any Content thereon, for benchmarking purposes or for other research purposes. Any future release, update or other addition to Made Human Properties shall be subject to the Terms. Made Human, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Made Human Properties terminates the licenses granted by Made Human pursuant to the Terms
- Third-Party Materials. As a part of Made Human Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Made Human to monitor such third-party materials and that you access these materials at your own risk.
2.Responsibility for Content
- Types of Content. The Services may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Made Human and other users of the Services (collectively, “Communication Services“). You acknowledge that all content, including Made Human Properties, and Made Human Content (collectively, the “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Made Human, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Made Human Properties and the Communication Services (“Your Content”), and that you and other users of Made Human Properties and Communication Services (“Users”), and not Made Human, are similarly responsible for all Content they Make Available through Made Human Properties and the Communication Services (“User Content”). Made Human reserves the right to remove Your Content.
- No Obligation to Pre-Screen Content. You acknowledge that Made Human has no obligation to pre-screen Content (including, but not limited to, User Content), although Made Human reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation any in-App or in-Services chat. In the event that Made Human pre-screens, refuses or removes any Content, you acknowledge that Made Human will do so for Made Human’s benefit, not yours. Without limiting the foregoing, Made Human shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- Storage. Unless expressly agreed to by Made Human in writing elsewhere, Made Human has no obligation to store any of Your Content that you Make Available on Made Human Properties. Made Human has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Made Human Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Made Human retains the right to create reasonable limits on Made Human’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by Made Human in its sole discretion.
- Ownership. Made Human Properties. Except with respect to Your Content and User Content, you agree that Made Human and its suppliers own all rights, title and interest in Made Human Properties (including but not limited to, any visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, all other elements of the Services). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, or Made Human Properties.
- Trademarks. Made Human and other related graphics, logos, service marks and trade names used on or in connection with Made Human Properties or in connection with the Services are the property of Made Human and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Made Human Properties are the property of their respective owners.
- Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Made Human Properties. You will not use any Content that is not Your Content for benchmarking or other research purposes.
- Your Content; License to Your Content. Made Human does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Made Human Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Made Human a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Made Human Properties and for our business purposes. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Made Human Properties; provided, however, Made Human expressly prohibits any use of Your Content by such Users, or use of User Content by you, for benchmarking or other research purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your 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 agree that you, not Made Human, are responsible for all of Your Content that you Make Available on or in Made Human Properties.
- Name and Likeness. Without limiting the generality of the license you grant to Made Human under Section 4.4, when you submit questions, thoughts, responses to questions or thoughts, or other Content to Communication Services, you acknowledge and agree that Made Human shall have the right to use and incorporate such Content into articles, blog posts, stories, and other Content created by or on behalf of Made Human (“Published Content”), and the Published Content may be publicly displayed and distributed (and redistributed) on Made Human Properties and on other Made Human-controlled or third-party controlled platforms, in any other media, now known or hereafter devised. In connection with the foregoing, you grant to Made Human the non-exclusive, perpetual, worldwide, royalty-free, no-fee, right to use your name (first name and last initial) and likeness, and relevant biographical information you make available on your profile in connection with Made Human’s publishing and marketing of the Published Content and any works in which Your Content becomes a part. For each Published Content, Made Human has the right, but not obligation, to provide author attribution to you using your name and likeness.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MADE HUMAN IS NOT REQUIRED TO COMPENSATE YOU ANY AMOUNTS FOR THE USE OF YOUR NAME AND LIKENESS OR YOUR CONTENT AS DESCRIBED HEREIN.
3.Interactions with Other Users
- 1.User Responsibility. You are solely responsible for your interactions with other Users of the Services. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Services and that you give to other Users of the Services. You are discouraged from publicly posting your telephone number or street address on the Services. Made Human reserves the right, but has no obligation, to intercede in any disputes with other Users. You agree that Made Human will not be responsible for any liability incurred as the result of such interactions.
- 2. Content Provided by Other Users. Information posted to the Services by other Users of the Services may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other Users with whom you come in contact through the Services. Opinions and other statements included in User Content do not represent the opinions or statements of Made Human and the posting of User Content on the Services does not constitute Made Human’s support or endorsement of any opinions or statements expressed in the applicable User Content. You use all User Content and interact with other Users at your own risk.
Made Human may, but is not obligated to, (a) monitor or review the Site for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site, at any time. If Made Human becomes aware of any possible violations by you of any provision of the Terms, Made Human reserves the right to investigate such violations, and Made Human may, at its sole discretion, immediately terminate your license to use Made Human Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- 1. Third-Party Sites. The Services may contain links to Sites operated by third parties (“Third-Party Sites”). For example, you can access Facebook, Twitter and Instagram pages through links on the Services, and you may be able to share Content or other information with Third-Party Sites through links on the Services; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third-party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
- 2. App Stores. You acknowledge and agree that the availability of Made Human App and the Services is dependent on the third party from whom you received a Made Human App license, eg: the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Terms are between you and Made Human and not with the App Store. Made Human, not the App Store, is solely responsible for Made Human Properties, including the Made Human App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (eg: product liability, legal compliance or intellectual property infringement). In order to use the Made Human App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Made Human Properties, including Made Human App. You agree to comply with, and your license to use Made Human App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Made Human Property, including the Made Human App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.
You agree to indemnify and hold Made Human, its parents, subsidiaries, affiliates, officers, employees, agents, partners and (collectively, the “Made Human Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Made Human Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Made Human reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Made Human in asserting any available defenses. This provision does not require you to indemnify any of Made Human Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any unsubscribe request you later submit for Made Human to delete your email address from our records and your access to Made Human Properties.
7. Warranty Disclaimer; Limitation on Liability
- 1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MADE HUMAN PROPERTIES IS AT YOUR SOLE RISK, AND MADE HUMAN PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MADE HUMAN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
- a. MADE HUMAN PARTIES MAKE NO GUARANTEE, WARRANTY, REPRESENTATION OR CONDITION THAT: (1) YOU OR ANY OTHER USER OF THE SERVICES WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SERVICES OR WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MADE HUMAN PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF MADE HUMAN PROPERTIES, INCLUDING ANY PRODUCT MADE AVAILABLE THROUGH THE SERVICES, WILL BE ACCURATE OR RELIABLE.
- b. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH MADE HUMAN PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS MADE HUMAN PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- c. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. MADE HUMAN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- d. MADE HUMAN DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. ANY CONTENT ACCESSED THROUGH MADE HUMAN PROPERTIES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH MADE HUMAN PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
- e. FROM TIME TO TIME, MADE HUMAN MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MADE HUMAN’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
- 2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT MADE HUMAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MADE HUMAN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
- 3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF MADE HUMAN PROPERTIES. YOU UNDERSTAND THAT MADE HUMAN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF MADE HUMAN PROPERTIES.
- 4. Exclusion of Warranties, Etc. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, MADE HUMAN’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT MADE HUMAN’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
LIMITATION ON LIABILITY
- 1.Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MADE HUMAN PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH MADE HUMAN PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT MADE HUMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MADE HUMAN PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE MADE HUMAN PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH MADE HUMAN PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MADE HUMAN PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO MADE HUMAN PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN MADE HUMAN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN MADE HUMAN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN MADE HUMAN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- 2.Cap on Liability. UNDER NO CIRCUMSTANCES WILL MADE HUMAN PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO MADE HUMAN BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MADE HUMAN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MADE HUMAN PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MADE HUMAN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- 4.Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MADE HUMAN AND YOU.
If Made Human becomes aware of any possible violations by you of the Terms, Made Human reserves the right to investigate such violations. If, as a result of the investigation, Made Human believes that criminal activity has occurred or may occur, Made Human reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Made Human is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Made Human Properties, including Your Content, in Made Human’s possession in connection with your use of Made Human Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Made Human, its Users or the public, and all enforcement or other government officials, as Made Human in its sole discretion believes to be necessary or appropriate.
9.Term and Termination
- 1.Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Made Human Properties.
- 2.Prior Use. Notwithstanding the foregoing, if you used Made Human Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Made Human Properties (whichever is earlier) and will remain in full force and effect while you use Made Human Properties, unless earlier terminated in accordance with the Terms.
- 3.Additional Termination Rights. Either party may terminate this Agreement or suspend its performance under this Agreement at any time upon notice to the other party if the other party breaches any material term hereof and fails to cure such breach in accordance with the following cure procedure. If a party wishes to terminate this Agreement due to the other party breaching a material term of this Agreement, then the non-breaching party shall serve written notice on the other party specifying the breach and requiring it to be rectified. If the material breach has not been remedied within thirty (30) days of the original notice of default or such other period as may be agreed, then the notifying party will have the right to terminate this Agreement by a further written notice, with immediate effect. Made Human may also decommission the Services and terminate at any time upon thirty (30) days’ notice.
- 4.Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Made Human will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
10. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on Made Human Properties in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Made Human Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact address for Made Human for notice of claims of copyright infringement is:
Mail: Made Human LLC, 1125 Spruce Street, Suite D, Philadelphia, PA 19107, USA
11. International Users
Made Human Properties are designed principally for access within the United States. Users accessing these Properties from countries around the world may find references to Services and Content, such as product advertising, that is not available or not approved in your country. These references do not imply that Made Human intends to provide such Services or Content in your country. Made Human Properties are controlled and offered by Made Human from its facilities in the United States of America. Made Human makes no representations that Made Human Properties are appropriate or available for use in other locations. Those who access or use Made Human Properties from other countries do so at their own volition and are responsible for compliance with local law.
12. Dispute Resolution
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Made Human and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Made Human, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Made Human may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Gust Delaware, Inc., 16192 Coastal Highway, Lewes, Delaware 19958 (Sussex County). The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Made Human will pay them for you. In addition, Made Human will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Made Human will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Made Human. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND Made Human HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Made Human are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Made Human LLC., 1125 Spruce St, Suite D, Philadelphia, PA 19107, or email us at firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Made Human username (if any), the email address you submitted to us for future communications (if you have done), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Made Human.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Made Human makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Made Human.
13. General Provisions
- Electronic Communications. The communications between you and Made Human use electronic means, whether you visit Made Human Properties or send Made Human emails, or whether Made Human posts notices on Made Human Properties or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Made Human in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Made Human provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release Made Human Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Made Human Properties, including but not limited to, any interactions with or conduct of other Users or third-party Sites of any kind arising in connection with or as a result of the Terms or your use of Made Human Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Made Human Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
- Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Made Human’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Made Human shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Made Human Properties, please contact us at: Made Human, 1125 Spruce St, Suite D, Philadelphia, PA 19107 or at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Made Human agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Pennsylvania.
- Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF PENNSYLVANIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
- Notice. Where Made Human requires that you provide an email address, you are responsible for providing Made Human with your most current email address. In the event that the last e-mail address you provided to Made Human is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Made Human’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Made Human at the following address: 1125 Spruce St, Suite D, Philadelphia, PA 19107. Such notice shall be deemed given when received by Made Human by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Export Control. You may not use, export, import, or transfer Made Human Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Made Human Properties, and any other applicable laws. In particular, but without limitation, Made Human Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Made Human Properties, 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. You also will not use Made Human Properties for any purpose prohibited by U.S. law. You acknowledge and agree that products, services or technology provided by Made Human are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Made Human products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Consumer Complaints. To complain about Made Human’s Services in Pennsylvania, go to: https://www.attorneygeneral.gov/submit-a-complaint/. In accordance with California Civil Code §1789.3, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.