Last Update: September 28, 2024
HuWoHo LLC ("HuWoHo," "we," "us," or "our") offers you its services via its website, https://huwoho.com (the "Site"), and its associated services (collectively, these services, featuring any new features and applications, and the Site, the "Service(s)"), all of which are governed by the following Terms of Service (the "Terms of Service"), which are subject to periodic amendments. By downloading, installing, displaying or using the Website and/or Application, you agree to be bound by, and abide by, the terms of service set out below. Your agreement with HuWoHo is included in these Terms of Service. We retain the right to alter or amend any part of these Terms of Service at any time, at our sole discretion. If we take this action, we will update this page with the new terms and note when these terms were last updated at the top of the page. We could also let you know via an email notification, the Services user interface, or another appropriate channel. Any such modifications will take effect fifteen (15) days after they are posted, with the exception of those that address new services functionalities or are made for legal purposes, in which case they will take effect right away. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. Please do not use or access the Service (or continue to use or access it) if you do not agree to be bound by these or any future Terms of Service. It is your duty to periodically visit the Site to see if the Terms of Service have changed, and if so, to evaluate such changes.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HUWOHO AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.1 Services Description
To improve your engagement and experience on our platform, HuWoHo provides a number of services. Users may interact with our distinctive offerings, such as [particular features/services your company offers], through our website and associated mobile applications.
1.2 Your Registration Obligations
To access and use certain features of the Service, you may be required to register with HuWoHo. When you register, you agree to provide and maintain accurate, current, and complete information about yourself as prompted by our registration form. Your registration data and certain other information about you are governed by our Privacy Policy, available at https://huwoho.com/privacy. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
1.3 Member Account, Password, and Security
You bear complete responsibility for all activities that take place under your account and for keeping your password and account private. When using the Service, you agree to: (a) immediately notify HuWoHo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. HuWoHo will not be liable for any loss or damage arising from your failure to comply with this Section.
1.4 Modifications to Service
HuWoHo retains the right to alter or discontinue, either temporarily or permanently, the Service or any part thereof, with or without prior notice. You acknowledge and agree that HuWoHo shall not be held liable to you or any third party for any modification, suspension, or discontinuation of the Service. Additionally, HuWoHo reserves the right to access and monitor your account for the purposes of: (1) preventing fraud, criminal activity, or misuse of the Service; (2) ensuring the security of our IT systems, architecture, and networks; (3) diagnosing and resolving issues with the Service; (4) complying with legal obligations and processes; and (5) protecting our rights, privacy, safety, or property, as well as those of our affiliates, you, or other third parties.
1.5 General Practices Regarding Use and Storage
You acknowledge that HuWoHo may establish general practices and limits regarding the use of the Service, including, but not limited to, the maximum duration for which data or other content will be retained by the Service and the maximum storage space allocated on our servers on your behalf. HuWoHo assumes no responsibility or liability for the deletion of, or failure to store, any data or other content maintained or transmitted by the Service. Furthermore, HuWoHo may impose restrictions on the use of certain features of the Service, which may include warnings displayed within the application. You agree to comply with these warnings and not to exceed any usage limitations set by HuWoHo. HuWoHo also reserves the right to terminate accounts that remain inactive for an extended period of time. Additionally, HuWoHo reserves the right to modify these general practices and limits at any time, at its sole discretion, with or without notice.
1.6 Mobile Services
The Service includes certain functionalities accessible via a mobile device, such as (i) the ability to browse the Service and the Site from a mobile device, and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). If you access the Service via a mobile device, standard charges, data rates, and other fees from your wireless service carrier may apply. Additionally, downloading, installing, or using certain Mobile Services may be restricted or prohibited by your carrier, and not all Mobile Services may be compatible with all carriers or devices.
2.1 User Conduct
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") that you upload, post, publish, display (hereinafter, "Post"), email, or otherwise transmit or use via the Service. The following are examples of Content and/or uses that are illegal or prohibited by HuWoHo. HuWoHo reserves the right to investigate and take appropriate legal action against any individual who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators, and reporting such conduct to law enforcement authorities. You agree not to use the Service to Post, email, or otherwise transmit any Content that:(a) Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable;
(b) You do not have the legal right to transmit under any law or under contractual or fiduciary relationships;
(c) Infringes any intellectual property or other proprietary rights of any party;
(d) Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, or sales, including but not limited to “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” or “sweepstakes,” or any other form of solicitation;
(e) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(f) In the sole judgment of HuWoHo, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose HuWoHo or its users to any harm or liability of any type;
(g) Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(h) Solicits personal information from anyone under the age of 18;
(i) Harvests or collects email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
(j) Advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized;
(k) Interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Service;
(l) Violates any applicable local, state, national, or international law, or any regulations having the force of law;
(m) Furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities;
(n) Attempts to obtain or access any materials or information through any means not intentionally made available or provided for through the Service.
3.1 Payment Terms
We offer certain premium versions, features, and/or functionality of the Services (the "Paid Subscriptions") for a fee. By signing up for and using the Paid Subscriptions, you agree to our Terms and any additional terms and conditions provided here. The Paid Subscriptions grant you access to enhanced products, services, features, and functionality (e.g., unlimited experience with juornaling, Personal Meditation Generation, course). By signing up for and using the Paid Subscriptions, including any Free Trials of the Paid Subscriptions, you agree to pay any applicable fees or charges associated with the Paid Subscriptions, such as subscription fees.When you sign up for the Paid Subscriptions, you must designate and provide accurate and complete information about your preferred payment method ("Payment Method"). You are responsible for keeping this information up to date. You expressly authorize us to collect the appropriate fees for the Paid Subscriptions and any other purchases you make via the Services through automatic debit or ACH from your Payment Method.
Unless otherwise specified, all fees for the Paid Subscriptions are payable in advance and will be automatically billed to your Payment Method at the start of the applicable monthly or annual Paid Subscription period. Unless otherwise specified, Paid Subscriptions will auto-renew until you choose to cancel your access to Paid Subscriptions. All purchases of Paid Subscriptions are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Paid Subscription.
3.2 Termination or Cancellation of Paid Subscriptions
You can manage, cancel, or turn off automatic renewals of your subscription through your Apple App Store or Google Play Store account. If you choose to cancel your subscription, it will remain active until the end of your current subscription period. Please note that uninstalling the HuWoHo app does not cancel your subscription. Additional details about managing your subscription can be found here and here. Once your Paid Subscription is canceled and you have received confirmation, no further changes can be made to your account. The cancellation will take effect at the end of your current billing cycle, and you will retain access to the Paid Subscription for the remainder of that cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for that entire month and will maintain access to the Paid Subscription until the end of the month. If you fail to pay the fees or charges due for your use of the Paid Subscriptions, we may attempt to notify you and resolve the issue. However, we reserve the right to disable or terminate your access to the Paid Subscriptions, and we may do so without notice.
3.3 Fee Changes
To the fullest extent permitted by applicable law, we may modify our prices for Paid Subscriptions at any time. You will receive reasonable notice of any such pricing changes, either by posting the new prices on or through the relevant Paid Subscription or by sending you an email notification. If you do not wish to pay the new prices, you may cancel the applicable Paid Subscription before the change takes effect.
3.4 Discount, Coupon, or Gift Codes
If you have received a discount, coupon, or gift code for a Paid Subscription, the following terms and conditions apply in addition to the specific terms and conditions associated with the code. To redeem a discount or coupon code, log in to the applicable Service and enter the code to take advantage of the promotion. All discounts, gift, and coupon codes can only be applied when subscribing to Paid Subscriptions and are valid only for accounts not already subscribed to Paid Subscriptions. Discount, coupon, and gift codes cannot be combined with any other cash-off price, sale, promotion, or coupon, and cannot be exchanged, refunded, replaced, or redeemed for cash or payment of accounts.
A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount, coupon, or gift code before it expires; expired codes cannot be refunded or extended. Additionally, it is your responsibility to cancel the Paid Subscription before the end of a free or discounted period if you do not wish to continue with a Paid Subscription at the regular price.
The terms and conditions of a specific discount, coupon, or gift code may include additional restrictions on its use, such as the type of plan, duration of the free or discounted Paid Subscription, coupon validity dates, and/or purchase quantities. HuWoHo reserves the right to cancel discounts and coupon promotions at any time.
3.5 Free Trials
We may offer free trials of our Paid Subscriptions or other promotional offers (each a “Free Trial”). A Free Trial grants you access to the Paid Subscriptions for a specified period, with details provided when you sign up for the offer.
To sign up for a Free Trial, you may be required to provide your preferred Payment Method. Your Free Trial will begin as soon as you submit your payment details. You will not be charged until 24 hours before the Free Trial expires.
Unless you cancel at least 24 hours before the end of the Free Trial, or as otherwise stated, your access to the Paid Subscription will automatically continue, and the applicable fees will be charged using the Payment Method you provided.
All charges incurred are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Paid Subscription. While we may send you a reminder when your Free Trial is about to end, we do not guarantee any such notification. It is ultimately your responsibility to track the end date of the Free Trial if you decide not to continue as a paying subscriber. If you choose not to become a paying subscriber, you must cancel your subscription at least 24 hours before the end of the Free Trial period. Depending on the Paid Subscription, your access may be terminated immediately upon cancellation or at the end of the Free Trial period. Once you cancel your Free Trial and receive confirmation, you cannot resume the Free Trial period, even if you did not use it for the entire duration. Please be aware that features and content included in the Paid Subscription may change at any time, and we cannot guarantee that any specific feature or content will be available throughout the entire Free Trial period. The rates in effect when you sign up for the Free Trial will remain the same at the end of the Free Trial, unless we notify you otherwise. We reserve the right, at our absolute discretion, to modify or terminate any Free Trial offer, your access to the Paid Subscription during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Paid Subscription at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
HuWoHo offers software applications that may be made available through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms and conditions imposed by that Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. If you utilize any third-party products or services in connection with your use of our Services, you agree to comply with all applicable terms of any agreements related to those third-party products and services. With respect to software that is made available for use in connection with an Apple-branded product (such software, "Apple-Enabled Software"), the following terms and conditions apply in addition to the other terms and conditions set forth in these Terms of Service:
4.1 HuWoHo and you acknowledge that these Terms of Service are concluded between HuWoHo and you only, and not with Apple. As between HuWoHo and Apple, HuWoHo, not Apple, is solely responsible for the Apple-Enabled Software and its content.
4.2 You may not use the Apple-Enabled Software in any manner that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in the App Store Terms of Service, or otherwise conflicts with those terms.
4.3 Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
4.4 Apple has no obligation to provide any maintenance or support services for the Apple-Enabled Software.
4.5 Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. These responsibilities will be HuWoHo's sole responsibility, to the extent they cannot be disclaimed under applicable law.
4.6 HuWoHo and you acknowledge that HuWoHo, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4.7 In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes on a third party's intellectual property rights, as between HuWoHo and Apple, HuWoHo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
4.8 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.
4.9 If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to HuWoHo at support@huwoho.com.
4.10 HuWoHo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software. Upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary with respect to the Apple-Enabled Software.
4.11 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable Content.
4.12 No Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, sublicense, rent, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
5.1 Service Content, Software, and Trademarks
You acknowledge that the Service contains content ("Service Content") protected by laws related to copyright, patents, trademarks, trade secrets, and other proprietary rights. Unless HuWoHo gives you explicit permission, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works from the Service or its content, in whole or in part. This does not apply to your own content that you legally upload to the Service. You also agree not to use any automated tools like data mining, robots, or scraping to gather information from the Service. Any use of the Site or Service Content that is not explicitly allowed in these terms is prohibited. The software that powers the Service or is distributed with it belongs to HuWoHo, our affiliates, and partners (the "Software"). You agree not to copy, modify, reverse engineer, or try to discover the source code of the Software, nor to sell, assign, sublicense, or transfer any rights to it. Any rights not clearly granted to you in these terms remain with HuWoHo.
5.2 Trademarks and Logos
The name "HuWoHo" and all related logos, marks, and identifiers are trademarks and service marks of HuWoHo (collectively, the "HuWoHo Trademarks"). Other company, product, and service names and logos used on the Service may be trademarks or service marks of their respective owners, who may or may not be affiliated with, endorse, or be connected to HuWoHo. Nothing in these Terms of Service or on the Service grants you any license or right to use any of the HuWoHo Trademarks without our prior written permission. All goodwill generated from the use of HuWoHo Trademarks benefits us exclusively.
5.3 Third-Party Content
HuWoHo is not responsible for any content posted by third parties or users. This includes any errors or omissions in such content, or any loss or damage that occurs from using content posted, emailed, or otherwise transmitted via the Service. You acknowledge that HuWoHo does not pre-screen content, but HuWoHo and its designees have the right (but not the obligation) to refuse or remove any content available via the Service at their sole discretion. This includes content that violates these Terms of Service or is otherwise deemed objectionable by HuWoHo. You agree that you are responsible for evaluating and assuming all risks associated with the use of any content, including reliance on its accuracy, completeness, or usefulness.
5.4 User Content Posted on or Through the Service
You are solely responsible for the content and materials you post on or through the Service or the Site, or transmit to or share with other users or recipients (collectively, "User Content"). You must not post any content that you did not create or that you do not own all rights to, including, without limitation, copyright and publicity rights. By posting any User Content, you grant HuWoHo and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service or for the promotion, advertising, or marketing of the Service, in any form, medium, or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Service ("Submissions") provided by you to HuWoHo are non-confidential, and HuWoHo is entitled to use and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.5 Content Preservation and Disclosure
You acknowledge and agree that HuWoHo may preserve your content and may also disclose it if required by law or if HuWoHo believes in good faith that such action is necessary to: (a) comply with legal processes, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HuWoHo, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices.
5.6 Copyright Complaints
HuWoHo respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify HuWoHo of your infringement claim following the procedure outlined below. HuWoHo will review and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
To file a notification of claimed copyright infringement, please email HuWoHo’s Copyright Agent at support@huwoho.com with the subject line "DMCA Takedown Request." You may also contact us by mail at:
HuWoHo
470 Schooleys Mt Rd, Suite 770,
Hackettstown, NJ 07840
5.7 Effective Notification Requirements
To be effective, your notification of claimed copyright infringement must be in writing and include 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; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Service, with enough detail that we may locate it; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
5.8 Counter-Notice
If you believe that the content you posted, which was removed or had its access disabled, is not infringing, or that you have permission from the copyright owner, the copyright owner's agent, or under the law to post and use that content, you may send a written counter-notice to HuWoHo's Copyright Agent. Your counter-notice must include: Your physical or electronic signature; Identification of the content that was removed or to which access was disabled, along with the location where the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled due to a mistake or misidentification; Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court located in the Northern District of California, and that you will accept service of process from the person who provided the original notification of the alleged infringement. If HuWoHo's Copyright Agent receives a counter-notice, we will send a copy to the original complaining party to inform them that the removed content may be replaced or access to it restored within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access restored, within 10 to 14 business days after receipt of the counter-notice, at HuWoHo's sole discretion.
5.9 Repeat Infringer Policy
In line with the DMCA and other relevant laws, HuWoHo has adopted a policy to terminate, when appropriate and at our sole discretion, the accounts of users who are identified as repeat infringers. HuWoHo also reserves the right, at our sole discretion, to restrict access to the Service and/or terminate the memberships of any users who infringe on the intellectual property rights of others, even if there is no repeat infringement.
5.10 Third Party Websites
The Service may include links or access to other websites and resources on the Internet provided by third parties. HuWoHo has no control over these external sites and resources and does not endorse them. You acknowledge and agree that HuWoHo is not responsible or liable for any damage or loss that may arise from your use of or reliance on any content, events, goods, or services available on or through such external sites or resources. Any interactions or transactions you have with third parties found through the Service are solely between you and the third party, and HuWoHo is not responsible for any loss or claims you may have against those third parties.
5.11 Third Party Services
You may choose to connect various online services directly with your HuWoHo experience, allowing for a more enriched and personalized interaction with our Service. When you integrate these third-party services, you may be asked to register or log in on their respective websites. By enabling these third-party services through HuWoHo, you permit us to share your login information with the service providers.
For more details on how activating these third-party services affects your data and how HuWoHo uses, stores, and discloses your information (such as friend lists), please refer to our Privacy Policy. Keep in mind that third-party services handle, store, and disclose your information according to their own policies, and HuWoHo is not responsible for their privacy practices or any other actions of third-party sites or services that you enable within HuWoHo.
Furthermore, HuWoHo does not guarantee the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available through these third-party services. Therefore, HuWoHo is not responsible for any damage or loss resulting from your use of or reliance on any third-party service. We offer these integration features for your convenience, and their inclusion does not signify an endorsement or recommendation by HuWoHo.
6.0 Assumption of Risk
The Services are designed to help reduce stress, improve sleep, and enhance your quality of life.
However, you acknowledge and agree that
(a) the information provided through the Services is for general educational purposes only.
(b) we do not offer medical advice through the Services. For any medical or health-related concerns, or in case of an emergency, please call 911 or consult a medical professional immediately. We are not responsible for any health or medical issues that may arise from your use of the Services. You agree that your participation in the Services is voluntary and at your own risk.
(c) If you need medical treatment or are seeking medical advice, please contact your healthcare provider. If you have thoughts of self-harm or suicide, call or text 988, the Suicide and Crisis Lifeline. For medical or mental health emergencies, dial 911 (or your local emergency number) or go to the nearest emergency room.
(d) HuWoHo is not a licensed medical care provider, does not provide medical treatment, advice, or diagnosis, and is not equipped to determine the effect of specific treatments on medical conditions. HuWoHo does not act as your healthcare provider.
(e) Any written materials provided by HuWoHo through its services are informational only and are not intended to replace your relationship with your physician or healthcare provider.
(f) Always consult a physician if you have questions about a medical condition.
(g) Do not disregard professional medical advice or delay seeking it because of information you received through our services.
(h) HuWoHo is not liable for any surveys, research, medical programs, or studies in which you participate through the services.
(I) HuWoHo is not responsible for the accuracy, reliability, effectiveness, or correct use of the information you receive or that is generated by the services.
You agree to release, indemnify, and hold harmless HuWoHo, its affiliates, and their officers, employees, directors, and agents from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions, and injuries (including death) arising from your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your infringement of any rights of others.
If you are a California resident, you waive California Civil Code Section 1542, which states: “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.” If you are from another jurisdiction, you waive any comparable statute or doctrine.
Your use of the Service is entirely at your own risk. The Service is provided "as is" and "as available." HuWoHo makes no warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Specifically, we do not guarantee that (i) the Service will meet your needs, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results from using the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other materials obtained through the Service will meet your expectations.
You agree that HuWoHo will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses, even if HuWoHo has been advised of the possibility of such damages. This includes, but is not limited to, damages resulting from: 1. Your use of or inability to use the Service; 2. The cost of obtaining substitute goods and services due to any purchases, data, information, or services obtained through the Service; 3. Unauthorized access to or alteration of your transmissions or data; 4. Statements or actions of any third party on the Service; 5. Any other issues related to the Service. In no case will HuWoHo's total liability to you exceed the amount you have paid to HuWoHo in the last six months, or, if greater, one hundred dollars ($100).
Note that some jurisdictions do not allow certain limitations or exclusions, so some of these limits may not apply to you. If you are unhappy with any part of the Service or these Terms of Service, your only remedy is to stop using the Service.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms, you agree that (1) you will only be permitted to pursue claims against HuWoHo on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
If disputes arise from the Terms of Service or the Service that cannot be resolved through mutual agreement, they will be resolved through binding arbitration. Arbitration will be conducted by JAMS (or its successor) in Atlantic City, New Jersey. If the parties cannot agree on an arbitrator, JAMS will appoint one. Arbitration will follow JAMS’s rules unless stated otherwise in the Terms of Service.
The arbitration process must start within 45 days of a written demand for arbitration. The arbitrator’s decision will be delivered within 60 days after the arbitration concludes and within six months of the arbitrator’s selection. The arbitrator cannot award damages beyond the limits set in the Terms of Service and cannot award punitive or multiplied damages. Each party waives any claim to such damages. The arbitrator may also award costs, including reasonable legal fees, to the prevailing party.
If a party does not comply with the arbitrator’s order, they may be liable for the other party’s enforcement costs, including attorneys’ fees. However, for urgent situations requiring temporary or preliminary injunctive relief, a party can go to court without first going through arbitration. The terms of this arbitration section are enforceable in any court with proper jurisdiction.
You agree that HuWoHo may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including if HuWoHo believes you have violated these Terms of Service. This may include removing any Content you’ve posted. If there is suspected fraudulent, abusive, or illegal activity, HuWoHo may refer the matter to law enforcement. HuWoHo may also choose to stop providing the Service, or any part of it, at any time. Termination of your access may happen without prior notice, and HuWoHo can immediately deactivate or delete your account and all associated information. You agree that HuWoHo is not liable for any damages resulting from the termination of your access to the Service.
You are solely responsible for your interactions with other users of the Service. HuWoHo is not liable for any issues that arise from these interactions. While HuWoHo reserves the right to get involved in disputes between users, we are not obligated to do so.
These Terms of Service constitute the complete agreement between you and HuWoHo and govern your use of the Service, replacing any previous agreements related to the Service. You may also be subject to additional terms when using affiliate services, third-party content, or third-party software. These Terms of Service are governed by the laws of New Jersey, excluding its conflict of law principles. For disputes not subject to arbitration, you and HuWoHo agree to the exclusive jurisdiction of state and federal courts in Atlantic City, New Jersey. Failure by HuWoHo to enforce any term does not waive our right to enforce it later. If any provision is found invalid, the court should try to reflect the parties’ intentions while keeping other provisions in effect. Claims related to the Service or these Terms must be filed within one year or be forever barred. Printed versions of this agreement and electronic notices are admissible in legal proceedings. You cannot assign these Terms without HuWoHo’s written consent, but we may assign them without restriction. Section titles are for convenience only and have no legal effect. Notices may be given via email, regular mail, or displayed on the Service.
At HuWoHo, we value your privacy. For more details, please review our Privacy Policy. By using the Service, you agree to our collection and use of personal data as described in that policy.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210. You may also reach us at support@huwoho.com or 470 Schooleys Mt Rd, Suite 770, Hackettstown, NJ 07840
For any questions, concerns, or suggestions, or to report violations of these Terms of Service, please contact us at support@huwoho.com.