Effective Date: 08.30.2018
The website located at https://www.humann.com/ (the “Web Site”) is operated by HumanN (“HumanN”, “we”, or “us”). These Terms of Service (“TOS” or “Agreement’) constitute a legally binding agreement between you and HumanN, and govern your use of the Web Site and your purchase and use of the products offered for sale on the Web Site (“Products”), so please read it carefully.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
The statements on this Web Site and the Products have not been evaluated by the Food and Drug Administration. The Products are not intended to diagnose, treat, cure or prevent any disease. Results from consuming the Products may vary from person to person. You should consult your doctor before using the products offered on the Web Site, or any dietary supplement.
You may return Products purchased on the Website within 90 days from the order date for a full refund of the purchase price, minus the shipping and handling costs. The item must be returned, in good condition in the original boxes, and may be used or unused. Before returning the item, you must obtain a Return to Manufacturer Authorization (RMA number) by calling 1-855-636-4040. The RMA number must be visibly written on the outside of the return box so the return can be processed by our returns department. No refunds will be issued for returns without RMA numbers on the outside of the box.
Send returns to:HumanN
Refunds will be provided in the same form as original payment.
Eligibility. By downloading, accessing or using the Web Site, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that you agree to this TOS. The Web Site, its contents (including information about the Products and other products offered by HumanN), and the Products, are intended for use only by U.S. residents.
Compliance. You shall abide by all applicable federal, state, and local laws and regulations with respect to your use of the Web Site, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information to HumanN. You shall only use the Web Site as permitted by this Agreement. In your use of the Web Site and the Products, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the Web Site or any websites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmitting any type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site; (viii) use any meta tags or any other “hidden text” using the HumanN name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site or the Products; (xi) assist any third party in engaging in any activity prohibited by this TOS, or (xii) deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site, or reverse engineer any of the technology used to provide the Products.
License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferrable, non-assignable, revocable right to access, view, and use the content and materials on the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. You shall not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You shall have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. HumanN may immediately and without notice to you suspend or terminate your access to the Web Site. Following termination, you shall not be permitted to use the Web Site and we may, in our discretion, cancel any orders for Products.
All transactions made through the Web Site are subject to our acceptance, in our sole discretion, and we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, HumanN will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Payment must be received by HumanN prior to HumanN’s acceptance of an order, unless otherwise agreed by HumanN. HumanN expressly conditions its acceptance of your order on your agreement to this TOS, and to any additional terms and conditions that are provided to you on the Web Site that govern your purchase of certain Products. By ordering Products through the Web Site, you agree to provide only true, accurate, current, and complete information. HumanN reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Web Site without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Web Site, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. If you purchase any Products on the Web Site, you shall be responsible for paying any applicable sales tax.
We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Web Site. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.
The Products may be available to be purchased as subscription plans of various durations. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you will automatically be charged the applicable price, to the payment card you provided or the last payment card provided by you, until you cancel. To cancel your subscription at any time, email us at firstname.lastname@example.org or call us at 1.855.636.4040 at least 1 business day prior to the renewal date.
Program Description: HumanN (“Company”) has offered to provide you (“You”), and You have agreed to accept and use, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). By using the Program, You agree to be bound by these Terms. If You do not wish to continue using the Program, you can reply “STOP” to any mobile message You receive from Company and Your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by You that predates Your election to discontinue using the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through texting a keyword to 36733 or 900900 or any successor short code to opt into the Program. Regardless of the opt-in method You utilized to join the Program, You agree that these Terms apply to your usage of the Program. The mobile messaging service used by Company to communicate with You requires human intervention for Company’s mobile messages to be initiated, and thus Company’s mobile messages are not sent to You by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by using the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company.
Contact Information: For support text “HELP” to any Company mobile message.
User Opt Out and Additional Commands: To opt out (discontinue using in Program), reply “STOP” to 36733 or 900900, or to any Company mobile message from Your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. For additional support, text “HELP” to 36733 or 900900 to get help.
MMS: The Program will send SMS MTs if Your mobile device does not support MMS messaging.
Company Warranty: Company will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator, and is outside of Company’s control. Company is not liable for delayed or undelivered mobile messages.
All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof or “look and feel” of such material, information about the Products, copyrightable material, trademarks, logos and service marks (including but not limited to HumanN and Neo40) are either owned by us, our suppliers, licensors, or other companies. All right, title, interest in and to the Web Site and its content are the property of HumanN, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Web Site, you shall not obtain any ownership or intellectual property or other interest in any item or content on the Web Site. You shall not use any of these trademarks, trade dress, or trade names without our prior express written consent.
The Web Site may contain links to other websites that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the website, and we expressly disclaim all responsibility, and provide no warranty, for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on third party websites, even if those websites are hyperlinked from this Web Site.
Under California Civil Code Section 1789.3, users of the Web Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. HumanN may be contacted in writing at 1122 S Capital of Texas Hwy Suite 300,, Austin, TX 78746 or by telephone at 1.855.636.4040.
By using the Web Site and posting, uploading, publishing, distributing, or transmitting any content or information, such as pictures, reviews, messages, content, comments, feedback, suggestions, ideas, or submissions, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sublicense, and sell such content in any form, in all media now known or hereinafter created, anywhere in the world. You agree to irrevocably, perpetually, and unconditionally waive any claims based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You shall, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we shall own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to compensate you or any third party for any comments; or (iii) to respond to any comments. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. In addition, you grant HumanN the sole and exclusive right to remove, alter, or change the content and to bring any legal actions regarding such content on your behalf. You shall remain solely responsible for the content of any comments you make.
WE PROVIDE THE WEB SITE AND THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, OR THEIR USE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. NOTWITHSTANDING THE FOREGOING, THIS PROVISION DOES NOT APPLY IN NEW JERSEY.
WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION OR ANY SYMPTOMS THEREOF. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
We control the Web Site from our offices within the United States of America. Users who access the Web Site from outside the United States of America do so on their own initiative and shall bear all responsibility for compliance with applicable laws, and shall comply with all laws including United States export control laws prohibiting the export of certain technical data and software to certain territories.
All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach), your use of the Web Site, or your purchase or use of the Products (“Dispute”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Texas, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to first contact us at email@example.com. Before formally submitting a Dispute to arbitration, you and HumanN may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or HumanN may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. HumanN will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Texas: (i) any dispute, controversy, or claim relating to or contesting the validity of HumanN’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by HumanN for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by HumanN against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earlier of the date that you visit the Website or submit information to us or purchase a Product through the Website to opt-out of this arbitration agreement, by contacting us in writing at firstname.lastname@example.org. If you do not opt out within thirty (30) days from the earlier of the date that you visit the Website or the date you purchase a Product or submit information to us through the Website, then you are not eligible to opt-out of this arbitration agreement.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to HumanN by providing the following information:
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attention: Legal Department
1122 S Capital of Texas Hwy, Suite 300, Austin, TX 78746
You acknowledge that by agreeing to this TOS electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY HUMANN. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard for conflict of law principles. This TOS and all of your rights and obligations under them shall not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS shall operate as a waiver thereof. The invalidity or unenforceability of any provision of this TOS shall not affect the validity or enforceability of any other provision of this TOS, all of which shall remain in full force and effect.
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