Last Updated: March 1, 2023
Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Service(s), Product(s), and Website (as defined below). Please read these terms carefully as they are a legal agreement between you and Company.
This agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials, court proceedings, or class actions of any kind.
This agreement is between you and GML Health, Inc., our fully owned and operated brand Interlude, and our related entities (collectively, “Company” or “We” or “Us” or “Interlude”).
This agreement concerns your use of the “Website” and “Services” including:
Please note that the Website may identify or make available products or services that include drugs and healthcare services of certain third-party healthcare providers. These products or services are considered Third-Party Materials. GML Health, Inc. is not a healthcare provider and is not responsible for any Third-Party Materials.
By using the Website you are agreeing that you are at least eighteen years of age. Anyone under eighteen years of age is not permitted to use the Website.
We may change this Agreement by posting revisions to the Agreement on the Website. Your continued usage of the site means that you accept any changes made to the Agreement. The “Last Updated” date above indicates when the Agreement was last changed. We may change or remove all or part of the Website at any time.
We may limit the availability of the Website or Service at any time to any person or location that we choose.
By signing up for Interlude and creating an account (“User Account”), you agree to our subscription program terms (“Subscription Program” or “Subscription”) until you cancel your User Account.
We may terminate your membership in the Subscription Program or delete your User Account at any time without notice. There is allowed only one User Account per person and one User Account per email.
As a member of our Subscription Program, the payment method you provide will be automatically charged a Subscription Fee at the time of each shipment of product. When 2 months have passed from your initial purchase, you will be charged for your 2nd shipment. After that, each shipment of product is sent every two months. You will then be charged on the same date every two months for every subsequent shipment. You can cancel or reschedule your shipment at any time, provided it has not already been paid for or processed.
The amount of each Subscription Fee will be set by Interlude in its sole discretion. Subscription Fee includes drug costs, dispensing fees, provider fees, shipping fees, service fees, and technology fees. By accepting the terms and conditions of this Agreement, you understand and acknowledge that Interlude reserves the right, but not the obligation, to increase its Subscription Fee rate amounts at any time and as Interlude sees fit in its sole discretion.
You can cancel or modify your membership in our Subscription Program at any time at getinterlude.com. You must cancel at least two business days before your next shipment in order to avoid being charged for the next shipment.
It is your responsibility to provide current, complete, and accurate information for your payment method in your User Account (e.g. change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your payment method is cancelled or is no longer valid (e.g., loss or theft). You can make changes to your payment method in your User Account at getinterlude.com. If your payment method fails to process, your shipment will not be sent and your membership in our Subscription Program will be terminated. Company may pre-authorize your payment method in order to verify if the card is valid or if there are enough funds to cover your payment.
Company will make reasonable efforts to keep the pricing on Website accurate and up to date. Company may change the price for features or products if Company provides reasonable notice before the new pricing goes into effect. Company may make promotional offers at its discretion to any customers. These promotional offers, unless made to you, will not apply to you under this Agreement.
No resales allowed. If Company believes that you are involved in reselling, we reserve the right to terminate your User Account.
By entering into this Agreement you agree to receive communications from Company, which may include emails, text messages, voice calls, and push notifications (“Communications”). Voice calls and text messages will be sent to the phone number you provide. Text messages will be sent if you opt in to receive them.
In connection with the Services, Website, and Products, you must not:
We reserve the right to investigate any activity with our Website, Services, or Product(s) that we believe is a violation of the Terms. We reserve the right to withhold Products and/or Services.
The Website may make available listings, descriptions, and images of goods or services (“Products) as well as references and links to Products. The availability of any Product is subject to change without notice. Certain measures, descriptions, and images are approximate. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws regarding the purchase, possession, and use of any Product.
We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase certain Products through the Website, including trials of both (i) and (ii), referred to as a “Transaction”. If you wish to make a Transaction, you may be asked to provide your credit card number, expiration date, billing address, and shipping information. By using any payment information for a Transaction, you agree to authorize Company to charge you and you authorize Company to provide payment information to third parties that facilitate Transactions, including Stripe, Inc. (“Stripe”), Company’s third-party payment processing service. Verification of information may be required prior to the completion of any Transaction. If you payment method fails, we may collect payment owed using other methods, including charging other payments on file (including with tripe) and/or retaining collection agencies.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or User Account. You are limited to one active User Account and you may not use the Website account of any other Interlude user at any time.
Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions do not include your health or User Account information. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Website, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, evaluate, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Website, at any time, including while it is in transit, and before and after it is stored or made available through the Website, and to monitor, review, analyze or evaluate your access to or use of the Website, in each case by manual, automated or other means, and in each case for any purpose, including marketing and advertising and such purposes as may be described in the Privacy Notice. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
We and our suppliers own the Website, including the software, code, proprietary methods, systems, content and any other intellectual property or proprietary rights used to operate the Website (the “Website IP”), which is protected by proprietary rights and laws. The Website IP also includes our copyrights, trade names, trademarks and service marks. All Website IP on the Website not owned by us is the property of its respective owners. You may not use Website IP in connection with any product or service that is not ours, or in any manner that is likely to cause consumer confusion. Except for the limited license set forth in Section 13, nothing contained on the Website should be construed as granting any right to use any Website IP without the express prior written consent of the owner.
Certain Website functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.
We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third-Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of third-party materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such third-party materials (such as terms of service or privacy policies of the providers of such third-party materials). Company accepts no responsibility and expressly disclaims any and all liability related to your use of any third-party websites or services.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY PRODUCTS OR SERVICE AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS OR SERVICES AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ANY PROVIDER ENTITIES, AND THEIR AFFILIATES AND RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact email@example.com with a description of such alteration and its location on the Website.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS OR SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable state law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply to you, and you may have certain additional rights.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. You may deactivate your User Account at any time, for any reason, by sending an email to firstname.lastname@example.org. Company may terminate, discontinue, cancel, suspend, change or limit Your use of the Website or Services at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and User Account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 19 shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.
(a) Generally. In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 20(b), you and Company agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, your use of the Services and/or Company’s Products or Services, and our communications with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b) Exceptions. Despite the provisions of Section 20(a), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
(c) Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: 1855 Industrial Street, 403 Los Angeles, CA 90021. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or by Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
(e) No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications to this Arbitration Provision. If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice of Arbitration.
(h) Enforceability. If Section 20(f) is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this Agreement.
(i) If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section within 30 calendar days after the date that you agree to these Terms by sending a letter to GML Health, Inc., Attention: Legal Department – Arbitration Opt-Out, 1855 Industrial Street, 403 Los Angeles, CA 90021. In order to be effective, the letter must be received by Company within 30 calendar days of your acceptance of these Terms and your letter must specify: your full legal name, your current residential address, the email address associated with your User Account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).
This Agreement is governed by the laws of the State of California without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Website from our offices in California, and we make no representation that the Website is appropriate or available for use in other locations.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to email@example.com. You may also contact us by writing to 1855 Industrial Street, 403 Los Angeles, CA 90021. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Company’s DMCA agent as follows: By mail to General Counsel, GML Health, Inc., 1855 Industrial Street, 403 Los Angeles, CA 90021; by e-mail to firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to your User Account and any information that you provide or that has been provided on your behalf to Company or that has been collected by Company in connection with Company’s business operations or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond Company’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.