Users Based Outside the United States
If you are based in Canada, Australia or New Zealand, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with Healthyvives). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to Healthyvives. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Healthyvives. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. . Further details about the Healthyvives Mobile App are described below. The Service also includes our Healthyvives Gold and any other offerings described below.
The Service is provided to you by Healthyvives as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.
Healthyvives product or service, you represent and warrant that you have the legal right to use the payment method you provide to us, including, without limitation, any credit card you provide when making a transaction. Please note that accelerated or other rewards (for example, 2x points, 5% back) on certain purchases, including those that are available as a result of a special offer, may not be available. See your applicable issuer program terms and conditions for more details. Third-party gift cards made available for purchase or redemption may be subject to further terms and conditions by the merchant and/or gift card provider, which you can access during the checkout process and later in your confirmation email. Gift cards and card balances are maintained by the card provider, and not by Healthyvives.
We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any products Healthyvives product or service. You acknowledge and agree that Healthyvives is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry.
While we attempt to be as accurate as we can in our descriptions for the products shown within the Healthyvives Website, we do not warrant that such product descriptions or related merchant information or terms shown within the Healthyvives Website is accurate, complete, reliable, current, or error-free. The inclusion of any products within the Healthyvives Website or Mobile App at a particular time does not imply or warrant that these products will be available at any other time.
- You acknowledge and agree that this Agreement is solely between you and Healthyvives, not Apple or Google, and that Apple and Google have no responsibility for the content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services
- To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Healthyvives Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
- You and Healthyvives acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third-party relating to the Healthyvives Mobile App or your possession and/or use of the Healthyvives Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Healthyvives Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- You and Healthyvives acknowledge that, in the event of any third-party claim that the Healthyvives Mobile App or your possession and use of the Healthyvives Mobile App infringes that third-party’s intellectual property rights, Healthyvives , not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You must comply with applicable third-party terms of agreement when using the Healthyvives Mobile App.
- You and Healthyvives acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third-party beneficiaries of this Agreement as its relates to your license and use of the Healthyvives Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Account Information from Third Party Sites
With the Service, Members may direct Healthyvives to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. Healthyvives makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non- infringement. Healthyvives is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Healthyvives may import information from your Third Party Accounts to help better offer the Services to you. Healthyvives does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to the Services.
Healthyvives cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Healthyvives cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Healthyvives Offers and Third-Party Links
In connection with Healthyvives Offers, the Service will provide links to other websites belonging to Healthyvives advertisers and other third parties. Healthyvives does not endorse, warrant or guarantee the products or services available through the sponsored advertiser link, Healthyvives Offer or Affiliate Link, (or any other third -party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Healthyvives is not an agent, distributor, re-seller, broker or otherwise responsible for such third-parties or the activities or policies of those websites or the products or services. available on them. Healthyvives does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.
Healthyvives has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Healthyvives will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on our Service, or between users and any third-party (including a merchant from whom you purchase a product within the Healthyvives Mobile App), you agree that Healthyvives is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Healthyvives , its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Where you carry out certain activities via our Service (including clicking on certain Healthyvives Offers) you will earn rewards points that we call “Healthyvives Gold”. Healthyvives Gold is awarded where you complete a certain action using the Service, most commonly by completing a transaction on a specific third-party merchant’s website. Where Healthyvives Gold is applicable to a particular action, this will be indicated on the Service. Once you accumulate enough Healthyvives Gold, you can log in and redeem it for a gift card on the Healthyvives Website. Selection of merchant gift cards may vary based on program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service.
We can afford to give you Healthyvives Gold because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide Healthyvives Gold to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then Healthyvives shall have no obligation to provide any Healthyvives Gold to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for Healthyvives Gold in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the Healthyvives Gold program.
If you have any trouble using Healthyvives Gold then please contact us at [email protected] and we will try to figure out what went wrong. In our sole discretion we may choose to award you Healthyvives Gold if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for Healthyvives Gold if tracking your transactions becomes an issue. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
Healthyvives Gold is not transferrable (i.e. it is personal to each User) and can expire as further explained below.
Expiration of Healthyvives Gold
To maintain your Healthyvives Gold points, you must earn at least 10 Healthyvives Gold points during each consecutive 12-month period. To the maximum extent permitted by applicable law, if you do not earn at least 10 new Healthyvives Gold in each 12-month period, your Healthyvives Gold balance will automatically reset to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your Healthyvives Gold points should expire will be resolved by Healthyvives in its sole discretion, and you agree to abide by Healthyvives’s resolution of such dispute.
Referral And Other Rewards Programs
Periodically Healthyvives may make you offers to receive Healthyvives Gold or other rewards for taking actions to promote the Service, such as referring a friend (collectively “Rewards Programs”). In general, if you participate within the spirit of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration, including Healthyvives Gold, for any reason at any time with or without any cause. By participating in Healthyvives Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Rewards Program please contact us.
Healthyvives reserves the right to withhold or retract Healthyvives Gold if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate Healthyvives Gold through use of a bot network, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.)
Healthyvives reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. Healthyvives reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe“ in any e-mail communications we send you.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Healthyvives immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Healthyvives hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.
Accurate records enable Healthyvives to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Healthyvives. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Healthyvives);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Healthyvives account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.
Automatic notifications may be sent to you following certain changes made online to your Healthyvives account, such as a change in your Registration Information.
Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Healthyvives may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Healthyvives login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
As part of the Healthyvives Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the Healthyvives Mobile App (“Push Messages”). You acknowledge that, when you use the Healthyvives Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Healthyvives Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Healthyvives Mobile App, including your receipt of Push Messages from Healthyvives.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Healthyvives through the Service, then (except for User Content, to which the specific rules below apply) you hereby give Healthyvives permission to use that content solely for the purpose of providing the Service. Healthyvives may use and store the content, but only to provide the Service to you. By submitting this content to Healthyvives, you represent that you are entitled to submit it to Healthyvives for use for this purpose, without any obligation by Honey to pay any fees or other limitations.
Healthyvivess Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Healthyvives or its software or content suppliers. Healthyvives grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at [email protected]
Access and Interference
You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
Rules for Posting Content
As part of the Service, Healthyvives may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS TO GET YOUR ATTENTION SO HERE IT GOES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Healthyvives MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Healthyvives MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Healthyvives MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Healthyvives does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Healthyvives shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.
Limitations on Healthyvives’s Liability
HERE WE GO AGAIN:
Healthyvives SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF Healthyvives HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Healthyvives’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Healthyvives SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of Healthyvives
You shall defend, indemnify and hold harmless Healthyvives and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Healthyvives Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
Ending your Relationship with Healthyvives (and vice versa)
This Agreement will continue to apply until terminated by either you or Healthyvives as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Healthyvives and stop visiting our Website and using other Services.
- your account will be closed, your Healthyvives Gold account will be zeroed out, and your ability to log in deactivated; and
Healthyvives may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for Healthyvives doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining Healthyvives Gold.
Healthyvives may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 963 E. 4th Street, Los Angeles, CA 90013.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND Healthyvives ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Healthyvives and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected] within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement and your relationship with Healthyvives under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Healthyvives, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Healthyvives may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Healthyvives is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Healthyvives, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE):
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Healthyvives, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, here.
Consumer Rights Notices
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive 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 (800) 952- 5210.
Maryland Consumer Rights Notice. For Members using Healthyvives’s checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Healthyvives does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Healthyvives has the benefit of under any applicable law), this will not be taken to be a formal waiver of Healthyvives’s rights and that those rights or remedies will still be available to Healthyvives.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Healthyvives welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at [email protected] or writing us at 964 D. 4th Street, Los Angeles, CA 90013.
Supplemental Terms for Users Accessing or Using Our Services in Canada, Australia or New Zealand
If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:
- Application of the Canadian Provincial Consumer Laws.Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
- Governing Law for Consumers Residing in Quebec.If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
- Commercial Electronic Messages:We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties’ goods and services that may be of interest to you.
If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:
- Application of the Australian Consumer Law.Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
- You will not be obliged to indemnify Healthyvives under the section titled ‘Your Indemnification of Healthyvives’ to the extent that any claims and expenses arise from the negligence or wilful misconduct of Healthyvives, its officers, directors, shareholders and employees.
- Where Healthyvives modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
- Healthyvives Gold.Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including HealthyvivesGold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
- Marketing and communications.Subject to your right to unsubscribe under ‘Your Registration Information’, you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Healthyvives Offers, personalized links or other electronic notifications, which may be of interest to you.
If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:
- Application of New Zealand consumer laws.Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
- You will not be obliged to indemnify Honey under the section titled ‘Your Indemnification of Honey’ to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of Honey, its officers, directors, shareholders and employees.
- Where Honey modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
- Honey Gold.Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including Honey Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
- Commercial Electronic Messages:We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties' goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.