Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN THEIR ENTIRETY BEFORE USING THIS PLATFORM OR ANY SERVICES MADE AVAILABLE USING THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
INFORMATIONAL ONLY. THE PLATFORM AND SERVICES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THIS PLATFORM AND THE SERVICES ARE NOT INTENDED TO BE USED TO PROVIDE MEDICAL ADVICE OR MAKE MEDICAL DECISIONS, OR DETERMINE ANY TREATMENT OR DIAGNOSIS. NONE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH OR ON ANY PART OF THE SERVICES HAS THE ABILITY TO DIAGNOSE, PRESCRIBE, OR PERFORM ANY TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE. ALSO, THE PLATFORM AND SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. IF YOU THINK THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.
OUR SERVICES RELY ON INFORMATION PROVIDED BY INDEPENDENT THIRD PARTIES, SUCH AS RESTAURANTS AND RECIPE DATABASES, WHICH MAY NOT BE COMPREHENSIVE, UP-TO-DATE, OR ACCURATE, AND IS SUBJECT TO CHANGE. WE DO NOT INDEPENDENTLY VERIFY OR MONITOR INFORMATION PROVIDED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR OR LIABLE FOR ANY SERVICES OR INFORMATION GENERATED BY ANY THIRD PARTY OR USE OF SUCH THIRD-PARTY INFORMATION, INCLUDING ANY INFORMATION RELATED TO ANY ALLERGENS, INGREDIENT, MENU ITEM, FOOD, OR RECIPE.
WE DO NOT WARRANT THAT THE INFORMATION PROVIDED ON OR VIA OUR SERVICES IS ACCURATE, COMPLETE, OR USEFUL TO YOU. ANY RELIANCE YOU PLACE ON INFORMATION FOUND VIA THE SERVICES IS AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING, DIRECTLY OR INDIRECTLY, TO ANY ACTION OR INACTION YOU MAY TAKE OR NOT TAKE BASED UPON SUCH INFORMATION.
Welcome to Ahara Terms of Service
The Services may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by clinical laboratories (collectively, "Labs"); (iii) access to virtual nutritionists ("Nutritionists") who may be contracted by certain independent, clinical professional practice groups (collectively, the "Practices"); (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Nutritionists on the Platform; and (iv) technology support for using the Platform as a means of direct access to Lab test results and to Nutritionists to help achieve your health related goal; and (v) ability to purchase vitamins, supplements, over-the-counter and clinical lab test and collection kits and other tangible items ("Products").
We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Sites and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Sites following the posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not agree with the modified Terms, you must stop accessing or using the Sites.
Who Can Use Ahara
In order to access the Services through the Platform, you represent and warrant that:
You agree to form a binding contract with Ahara.
You live in the United States.
You are 18 years of age or over (or at least 19 years of age if you live in Alabama or Nebraska).
You have compatible computing and/or mobile devices, sufficient access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.
Ahara is based and operated in the United States of America. We make no claims concerning whether the content may be downloaded, viewed, or appropriate for use outside of the United States. If you access or use the Services from outside of the United States, you do so on your own initiative and at your own risk. Whether within or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
User Conduct Guidelines
Below, we describe what you can and cannot do while using the Services.
Any sample that you provide to Ahara or its Labs must be your own or the sample of a person for whom you are a legally authorized representative. You give permission to Ahara and its Labs to analyze your sample and disclose the results to you and to others you authorize.
Your sample, once submitted to the Labs and analyzed by the Labs, is processed in an irreversible manner and cannot be returned to you.
You acknowledge that Ahara may offer different or additional technologies or features to collect and/or interpret your samples and information in the future, and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your samples or information without fee, and that you will have to pay additional fees in order to have your samples or information collected, processed, and/or interpreted using any future or additional technologies or features.
You understand that by providing any sample, having your information processed, accessing your information, or providing information, you acquire no rights in any research or commercial products that may be developed by Ahara or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information.
You have not been previously suspended or removed from Ahara or engaged in any activity that could result in a suspension or removal.
As a condition of your use of the Services, you warrant to Ahara that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, or notices.
You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Furthermore you agree that you will not to use the Services to: upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; impersonate any person or entity, including, but not limited to, anyone affiliated with Ahara, or falsely state or otherwise misrepresent your affiliation with a person or entity; add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; “stalk” or otherwise harass another user including Ahara’s Nutritionists; upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use; download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Ahara or any other party; harm minors in any way; advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Ahara; engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Ahara’s website; attempt to or actually override any security component of Ahara’s web services; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Ahara; or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
Registration, Account Security, and Communication Preferences
You are solely responsible for maintaining the confidentiality of your password and will be responsible for all usage or activity on your Account including, but not limited to, the unauthorized use of your Account by any person using your password and any purchases made by parties using your Account, whether or not authorized by you. You acknowledge that your Account is personal to you and agree not to provide any other person with access to the Sites or certain areas or features of the Sites using your email, password, or other security information, and to accept all risks of unauthorized access to your Account and the information you provide to us. You agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your Account. We reserve the right to terminate your Account at any time, in our sole discretion.
By creating an Account, you also consent to receive electronic communications from Ahara (e.g., via email, sms, app push notifications, or by posting notices to the Sites). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
When opting into Short Message Service (SMS) communications from Ahara, you agree to receive marketing, promotional and product service notifications via SMS. Message frequency may vary, being sent on a semi monthly basis. Message and data rates may apply. For assistance with SMS messaging please contact email@example.com. To opt-out reply STOP to any SMS message sent from Ahara.
Virtual Nutrition and At-Home Testing Services
Virtual Nutrition Service
If you are a Premium Service user, you have access to personal nutritionist services (“Virtual Nutrition Service”) and will be able to interact with a nutritionist. A nutritionist will assist his/her users in providing education to help them achieve their health related goals and may include interactions via video, audio, or other forms of electronic communication. Ahara may, in its sole discretion, engage or replace any nutritionist with another without notice to the Virtual Nutrition Service users. Additionally, by reading these Services, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure.
The services provided by our Virtual Nutrition Service are not medical, mental health or any other type of health service. Virtual Nutrition Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Nutrition Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals outside of Ahara.
Nutritionists are not allowed to use the Virtual Nutrition Service to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any nutritionist or any user of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever. IF AHARA BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, AHARA MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH NUTRITIONISTS AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
At-home Testing Service
At-home sample collection kits and laboratory services available through the Services may require a valid order by a licensed health care provider. We or our subsidiaries have partnered with a health care provider who is licensed in your state to review your request for at-home testing (the "Reviewing Provider"). You understand and agree that at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider as a result of your use of the Services.
We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the "Lab"). Failure to follow the instructions may result in your samples not being processed by the Lab.
The Lab sends the results of the tests to the Reviewing Provider who releases the test results to us. We provide the test results to you via the Site.
Terms of Sale
Ahara provides an automatically recurring membership service for the vitamins and nutritional supplements purchased through our Sites as well as a digital membership, which grants access to certain areas of the Sites. If you enroll in the membership service for vitamins and nutritional supplements, approximately every thirty (30) days, or depending on the membership product, you will receive a package from Ahara containing a supply of the vitamins and nutritional supplements in your membership, and your membership will automatically renew, and you will continue to be charged on a recurring basis until you cancel. In a similar manner, if you enroll in the digital membership, every month, you will be granted access to certain areas of the site, and your membership will automatically renew, and you will continue to be charged on a recurring basis until you cancel. You can find specific details regarding your order and the Ahara membership service by accessing the Sites and your Account details.
Payments must be made using a credit card, debit card or other available online payment method (e.g., PayPal) (“Payment Method”). The charge for each shipment or membership charge will be billed to the Payment Method used to create your Account and enroll in the membership service or as otherwise provided by you. You authorize Ahara or its third-party payment processor to store your Payment Method and to automatically charge your Payment Method on a recurring basis without notice until you cancel. If the primary Payment Method associated with your Account fails, you authorize Ahara or its third-party payment processor to charge any other Payment Method provided with your Account or to contact you to update your Payment Method. If you have not provided an alternative Payment Method and fail to update your Payment Method and provide payment, or if all Payment Methods associated with your Account fail, we will cancel your membership(s).
Your vitamin and supplements membership order will automatically ship and your Payment Method will automatically be charged on a recurring basis until you cancel. The total cost charged to your Payment Method for each membership order will be the total price of the item(s) in your membership on the date that order is invoiced, plus applicable taxes and shipping. The actual cost of each shipment may vary depending on the quantity of items in your order. You acknowledge and agree that Ahara will not obtain any additional authorization from you for such automatic, recurring payments.
Memership rates are set forth in U.S. Dollars. If you are using another currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The membership costs are non-refundable, unless otherwise required by applicable law. You understand and agree that you will not be entitled to any compensation or refund for any unused item(s) in your membership. Ahara may, at any time and in its sole discretion, change the price of any item included in your membership, and will notify you within a reasonable time in advance of any such price change with the option to cancel. If you would not like to continue your membership after such a change, you should cancel your membership.
After you enroll in the membership service, you’ll receive an email confirming your membership. This email will include a link to access your online account where you can manage future orders, membership items, and membership account information. You may also skip your recurring vitamin and supplement membership order as often as you’d like. Don’t worry if you delete the email, you can always access your membership settings when you log in to your online account.
Unless you skip your recurring, you also will be notified by email approximately three (3) days before any subsequent membership order is invoiced of upcoming charges for your membership order. We require any changes or cancellations be made before your membership order is invoiced according to the following timeline: once you’ve received a notification of upcoming charges (subject to the disclaimer below), you must act within forty-eight (48) hours of receipt if you wish to make changes or cancel in time to prevent your next membership order from invoicing automatically. Modifying or canceling your membership order in your online account will not affect any outstanding membership order that has been invoiced. Please note, we disclaim all responsibility and liability for any email delivery failure, email kick back, incorrect email address associated with your Account, or any other reason an email fails to deliver. If you elect to defer your order and select a custom order invoice date, then you will receive an order deferral email with information regarding the deadline to cancel or make changes.
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME IN YOUR ONLINE ACCOUNT OR BY EMAILING HELP@AHARA.COM. YOU MUST CANCEL YOUR MEMBERSHIP WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIVING NOTICE OF UPCOMING CHARGES FOR YOUR MEMBERSHIP ORDER. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOU WILL BE CHARGED ON THE INVOICE DATE AND RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS OUTSTANDING PRIOR TO THE CANCELLATION OF YOUR MEMBERSHIP. If you do not cancel your membership in accordance with these terms, we will not refund, credit, or replace any returned items. Returns that do not comply with our return policy will not be credited or replaced under any circumstances.
We may, in our sole discretion, cancel all or part of your membership order at any time for any reason. If we do so, you will only be charged for orders that have been shipped to you and we will refund any corresponding amount to the extent already paid by you. We will notify you of any such cancellation and amount refunded. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE MEMBERSHIP TERMS AT ANY TIME, UPON NOTICE TO YOU AND IN OUR SOLE DISCRETION. If any change to these membership terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your membership or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Ahara Account, you can do so at any time by logging into your Account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your membership, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices are shown in U.S. Dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine at our sole discretion, at any time and without notice; provided, however, that if we change the pricing associated with items in your membership, we will provide advance notice of such changes with the option to cancel. If you do not agree with a price change associated with the items in your membership, you have the right to reject the change by canceling your membership prior to the next order invoice date as described in the Cancellation Policy. Please make sure that you read any notifications of price changes carefully. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your membership in accordance with the Cancellation Policy prior to shipment.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high quality Products, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. We will not be able to notify you of changes in any applicable taxes.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that delivery of your Order is significantly delayed, we may cancel your Order and issue you a credit or refund of the purchase price for that Order.
You are not permitted to resell or otherwise use the Products for commercial purposes.
Returns and Refunds
If you are dissatisfied with a Product or ingredient for any reason, you must contact us at email@example.com within thirty (30) days of the date your first order was received and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that order, not including tax and shipping. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit, or refund. If you do not contact us within 30 days of your first order, we will not refund, credit or replace your product. Unauthorized returns will not be credited or replaced under any circumstances.
We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout beyond 30 days of the first order.
Disclaimers and Limitation of Liability
You agree to defend and hold Ahara, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the Terms; or your violation of any rights of another.
If you have submitted a sample to our Lab or otherwise provided your own information, you will defend and hold harmless Ahara, its Labs, its employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any information obtained from analyzing your sample and/or analyzing your information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Ahara, its Labs, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your information.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AHARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) AHARA MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AHARA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. AHARA DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, AHARA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AHARA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AHARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Dispute resolution includes Arbitration, Class Action Waiver and Time to Initiate Action.
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in (d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Ten Thousand U.S. Dollars ($10,000), and where the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by use if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $10,000 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in (b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in (b) and (c) by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in (b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Los Angeles County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Other Things to Know
Modifications, Termination and Survival
Ahara reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. If you violate the Terms and/or Ahara has a reasonable ground to suspect that you have violated the Terms, Ahara has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You agree that Ahara may, in its sole discretion and without prior notice, terminate your access to the Services. You also agree that any violation by you of these Terms, including incorporated policies, such as the user conduct guidelines, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ahara, for which monetary damages would be inadequate, and you consent to Ahara obtaining any injunctive or equitable relief that Ahara deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ahara may have at law or in equity.
Ahara may preserve or disclose any information we have about you if we determine that such preservation or disclosure is necessary. Reasons for disclosure may include, but are not limited to: a connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Ahara’s rights or property, or the rights or property of visitors to or users of the Services, including Ahara’s customers. Ahara reserves the right to preserve or disclose any information that Ahara deems necessary to comply with any applicable law, regulation, or valid legal process.
If Ahara does take any legal action against you as a result of your violation of these Terms, Ahara will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ahara. You agree that Ahara will not be liable to you or to any third party for termination of your access to the Services as a result of any violation or suspected violation of these Terms.
Survival of Terms
When the Terms come to an end, regardless of who terminates them, both you and Ahara will continue to be bound by all but the following sections: Limited License, Modifications to Service.
Hyperlinks and the Ahara Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Ahara has no control over such sites and resources, you acknowledge and agree that Ahara is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You should read the terms and conditions, including privacy policies, of any third parties to understand the rules and policies governing your use of their services or products.
The Terms make up the entire agreement between you and Ahara, and supersedes any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules or provisions.
Waiver. If we do not enforce a provision in these Terms, it will not be considered a waiver.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
You may not assign or delegate any rights or obligations under this agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Ahara for any third party that assumes our rights and obligations under this agreement.
Notices to you may be made via either email or regular mail. Ahara may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices must be sent to us at:
ATTN: General Counsel
1901 Avenue of the Stars
Century City, CA 90067
Additionally, Ahara accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Licensing and Intellectual Property Rights
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of the Services and transmitted, whether publicly or privately, to or through Ahara. User Content does not include genetic or health information. To provide the Services to you, you must grant us a license to your User Content. We do not claim ownership of User Content, but you grant us a license to use it.
You give Ahara, its affiliated companies, sublicensees and successors and assignees a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, reproduce, adapt, modify, translate, publish, publicly perform, store, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. You acknowledge and agree that this license includes a right for Ahara to make such User Content available to other companies, organizations, or individuals with whom Ahara has relationships, and to use such User Content in connection with the provision of those services.
What does it mean to provide us with a license to your User Content? It means:
You represent and warrant to Ahara that you have all the rights, power, and authority necessary to grant the above license.
Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services.
You acknowledge and agree that you, and not Ahara, are entirely and solely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that Ahara and its designees have the right (but not the obligation) to modify, or remove any available User Content. Without limiting the foregoing, Ahara and its designees shall have the right to remove any content that violates the Terms or is deemed by Ahara, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You understand that you should not expect any financial benefit from Ahara as a result of having your information processed; made available to you; or, as provided in our Privacy Statement and these Terms, shared with or included in reports or data shared with any research collaborator.
Other than User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Services is owned, controlled or licensed by or to Ahara, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Ahara grants you a limited license to copy and distribute free of charge any information contained in Ahara products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Ahara for sharing or downloading from the Services, provided that you do not:
Remove any proprietary notice language in all copies of such documents;
Copy or post such information on any networked computer or broadcast it in any media;
Make modifications to any such information;
Make any additional representations or warranties relating to such documents; and,
Use such information for your non-personal, commercial purpose(s)
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.