Disclaimer of Warranties & Limitation of Liability
Last updated: November 18th, 2019
You expressly understand and agree that:
Your use of the services shall be at your sole risk. The services are provided on an “as is” and “as available” basis. Health and Experiences and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Health and Experiences and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the services will meet your expectations; and (v) any errors in the will be corrected.
Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Health and Experiences or through or from the services shall create any warranty not expressly stated in the tos.
Health and Experiences and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if health and experiences has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the services; or (e) any other matter relating to the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The failure of Health and Experiences to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service 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 TOS remain in full force and effect.
You agree to defend, indemnify and hold Health and Experiences and its subsidiaries, affiliates, shareholders, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Health and Experiences site or services, your use of the Health and Experiences site or services, your connection to the Health and Experiences site, your violation of the Terms of Service, or your violation of any rights of another.
You agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Health and Experiences, shall be brought exclusively in the courts located in the county of Denton, Texas or the U.S. District Court for the District of Texas. You agree to submit to the personal jurisdiction of the courts located within the county of Denton, Texas or the District of Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.