Please carefully read the following Terms of Use (“Terms”) before using the Pauser Inc. website or our mobile application (collectively the “Site”). By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms which form an effective agreement as if you had signed it. If you do not agree to these Terms, please do not access or use this Site or its content.
YOUR ACCESS TO, USE OF, AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated sometimes. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use, or browse the Site, you signify your acceptance of the then-current Terms.
If you access the Site via a mobile application, then we grant you a non-exclusive, non-transferable, revocable, non-assignable, personal, limited license to download, display, view, use, and play the functionality and Content on a tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only.
The preceding limited license:
(i) does not give you any ownership of, or any other intellectual property interest in, any Content, and
(ii) may be suspended or terminated for any reason, in the Company’s sole discretion, and without advance notice or liability.
Your unauthorized use of the service may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your liability, including potential criminal liability.
In addition, you agree that You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and by the usage rules outlined in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services concerning the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, by its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right} to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
This Site is directed to people 18 years of age or older. This Site and Pauser Inc. do not knowingly collect information from persons under age 18 or children under age 13. If you are under the age of 18, you are not permitted to use this Site or to submit any personally identifiable information to the Site.
The content available through the Site (the “Content”) is the sole and exclusive property of Pauser Inc. and its licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by Pauser Inc. in writing. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. You agree not to access the Site by any means other than through a standard web browser.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Pauser Inc., you are permitted to view and use the Site and the Content solely for your information and for the purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform, or create derivative works from any part of the Site or the Content unless expressly authorized by Pauser Inc. You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the Site or in the Content.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature, or activity. Any such special terms are in addition to these Terms, and, in the event of a conflict, any such terms shall prevail over these Terms.
1. To enjoy full access to the Service, you must register for an account. When registering an account, you agree to:
(i) Provide true, accurate, current, and complete information;
(ii) maintain and update this information to keep it true, accurate, current, and complete;
(iii) protect and prevent unauthorized access to your account;
(iv) not transfer or share your account with any third party; and
(v) Immediately notify us of any suspected or actual unauthorized use of your account or breach of security by notifying us at support@pauser.health.
Failure to do so may result in the suspension or termination of your account. Please note that you are solely responsible for all activities that occur under your account, whether you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
2. You may choose to access the Services through your account with certain third-party email providers or social networking services (each, a “Third-Party Account”). If you choose the Third-Party Account option, we may extract from your Third-Party Account certain personal information such as your name and email address and other personal information that your privacy settings on the Third-Party Account permit us to access.
3. We do not guarantee the authenticity of the identity of any user. Users are solely responsible for authenticating the identity of other users. You acknowledge that identities may be concocted and that other users may be acting under pretenses or acting without authority.
1. Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third-Party Services”). We may also integrate third-party technologies into our Service and host our content on Third Party Services.
2. These Third-Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third-Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third-Party Services, you do so at your own risk. For more information on Third Party Services, see our privacy policy.
We care about data privacy and security. Please review the Privacy Policy for the Site at https://pauser.health/privacy. If you do not agree with the Privacy Policy at the above site, you may not use the Site.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
You acknowledge and agree that, as between Pauser Inc. and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Pauser Inc. or its licensors and are protected by United States intellectual property laws and other applicable laws.
All Content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software, and other information and materials, is the copyright and property of Pauser Inc. or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of using the Site as a resource or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content of the Site, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Site are proprietary to Pauser Inc. Without limiting the foregoing, Pauser Inc. and Pauser are trademarks of Pauser Inc. Unauthorized use of any trademark of Pauser Inc. may be a violation of trademark laws. Any third-party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement, or recommendation by Pauser Inc. or of Pauser Inc. by the third parties.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Pauser INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF Pauser INC. OR ANY THIRD PARTY.
The Site 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 Pauser Inc., the Site and other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Site. You agree only to post, send and receive messages and materials that are proper and related to the Communication Service.
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Pauser Inc. reserves the right to determine what types of conduct it considers to be inappropriate to use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines appropriate in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Pauser Inc. does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Pauser Inc. be liable in any way for any User Materials.
You acknowledge that Pauser Inc. may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, Pauser Inc. and its designers have the right to remove any User Materials that violate these Terms or are otherwise objectionable to Pauser Inc.’s sole discretion. Pauser Inc. shall have no liability for such removal.
You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the Site.
You are solely responsible for the User Materials that you post, share, email, transmit, or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms. Pauser Inc. is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any claims concerning Pauser Inc.’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission and hold all necessary releases concerning its contents. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Pauser Inc. and its licensees, assignees, and designees an irrevocable, assignable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in Pauser Inc.’s discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
Pauser Inc. may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pauser Inc.’s
Copyright Agent a Notice containing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Pauser Inc.’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways: Email: support@pauser.health
The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Pauser Inc. and Pauser Inc. is not responsible for the content available on these third-party sites.
Such links do not imply endorsement of information or material on any other site, and Pauser Inc. disclaims all liability for your access to, use of, or transactions with such linked websites. You acknowledge and agree that Pauser Inc. shall not be responsible or liable, directly or indirectly, for any damage, loss, or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
You may link another website to the Site subject to the following linking policy:
(i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Pauser Inc. or the Site;
(ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with Pauser Inc. or the Site;
(iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and
(iv) Pauser Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion.
Pauser Inc. reserves the right at any time and sometimes to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Pauser Inc. shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
To use certain features of the Site, you may have to register and create an account with Pauser Inc… You are responsible for maintaining the confidentiality of any passwords associated with your Pauser Inc. account, and you agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account (except as to security breaches caused by Pauser Inc.).
Pauser Inc. reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that Pauser Inc. shall not be liable to you or any third party for any such suspension or termination.
THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAUSER INC. AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Site is free of viruses or other harmful codes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pauser INC. AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. IN NO EVENT SHALL Pauser INC. OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF Pauser INC. ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
The Services do not constitute medical or other professional advice. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Unless otherwise clearly stated in the Services, any Content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services.
Pauser is not a health care or medical provider. The Service and Content made available herein (including, without limitation, any advice, information, exercises, or regiments) are provided for general informational purposes only and do not constitute medical advice. As with any physical activity, there is the possibility of injury. We recommend that you consult your own healthcare professional before starting this or any other physical activity to determine if it is right for your needs. By participating in physical activity through the Services, you acknowledge and agree that you do so at your own risk, are voluntarily participating, and assume all risk of injury whether physical or mental. By participating in our online classes, you are responsible for listening to your body, participating at your own pace and modifying any instructions or instructor-suggested physical adjustments to your level of ability and physical and mental condition. Stop using the Services and seek immediate medical attention if you experience any pain, illness, or discomfort.
YOU EXPRESSLY WAIVE AND RELEASE PAUSER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, INSTRUCTORS, INDEPENDENT CONTRACTORS, AND AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) FROM AND AGAINST ANY CLAIMS, DAMAGES OR LOSSES, INCLUDING PERSONAL INJURY OR AND DEATH, THAT RESULT FROM YOUR USE OF THE SERVICES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THE SERVICES OR TO STORE OR DISPLAY ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Specifically, we make no warranty that:
(a) the Services will meet your requirements, goals or needs;
(b) Services access will be uninterrupted, timely, secure or error-free; or
(c) any errors or deficiencies will be corrected.
We do not represent or warrant that Content available on or from the Services are accurate, complete, reliable, current or error-free or that the Services are free of viruses or other harmful components and, accordingly, you should exercise caution in the use of the Services. You download, access or otherwise obtain Content from the Service at your own discretion and risk and you are solely responsible for your use thereof, and any damages to your computing device, and any loss of data, and any other damage or harm of any kind, that may result therefrom.
NOT WITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify, release and hold harmless the Company Parties from and against any and all claims (including third-party claims), losses, liability, damages, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including reasonable attorneys’ fees and costs), arising out of or in any way connected with:
(i) your breach or alleged breach of these Terms;
(ii) your Submissions;
(iii) your misuse of the Service;
(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities;
(v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right;
(vi) your use of a Third Party Service; or
(vii) any misrepresentation made by you.
Further, in the event you have a dispute with one or more other users, you hereby release the Company Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not settle any claim without the written consent of the Company.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TO HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, the Content or your Submissions (including tort, privacy as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC“) in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in San Francisco, California. All awards may if necessary be enforced by any court having jurisdiction.
2. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce the same.
3. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
4. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
5. You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
We will maintain certain data that you transmit to the Site to manage the performance and services of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for San Francisco County, in the State of California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, Pauser Inc., the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Pauser Inc. does not represent that the Site or Content are appropriate outside the United States of America.
Pauser Inc. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and Pauser Inc. with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and do not define, limit, construe or describe the scope or extent of such section. Pauser Inc.’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Pauser Inc., and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.
Please direct any questions you may have about these Terms of Use, technical questions or problems with the Site, or comments or suggestions to Support@Pauser.health
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Pauser, Inc. – support@pauser.health
