Terms of Service
Last Updated: October 01, 2024
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1. INTRODUCTION
HerpesWellness.com ("”the Company”, we," "us," or "our") is pleased to make the herpeswellness.com website, online community, and mobile application (as applicable, the "Service") available to you. By registering for the Service, you agree to be bound by the terms set forth in this End User Service Agreement, our Privacy Policy, and all other provisions and policies associated with your access and use (the "Agreement").
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU CHOOSE TO ACCEPT THE AGREEMENT BY CHECKING THE "JOIN THE COMMUNITY" BOX, YOU UNDERSTAND AND CONSENT TO BE BOUND TO THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY, ACCESSIBLE HERE.
If you do not wish to accept all terms and conditions contained in this Agreement, do not check the "Join the Community" box below or complete the registration process for this Service.
For purposes of this Agreement, after you register with the Service, you will be referred to as a "Member". You may register as a Member at no cost to access some, but not all, of the features of the Service. Additional features are available to Members through a paid subscription, as described below.
2. OVERVIEW AND SUBSCRIPTION PROCESS
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2.1 Setting up your Account
After you have consented to this Agreement and registered to use the Service, you can view other Member profiles, communicate with other Members, and communicate with us through the Service. You need to create an Account and set up a member profile to use the Service. To set up an Account you must: (i) be at least eighteen (18) years old; (ii) provide us with your first and last name; (iii) have a valid email address; and (iv) select a username and create a unique password. You also must have a valid credit card/payment method if you choose to register for a paid subscription, which will provide you access to all the features and functions of our Service. We hereby reserve the right to authenticate your identity to ensure compliance with the terms of this Agreement and applicable law. By creating an Account you represent and warrant that all information you have provided is accurate and true. You will receive an email confirmation that includes a copy of the Agreement after you have successfully set up a profile and an Account.
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2.2 Account Types
You may register to use our Service as set forth above at no cost and use some, but not all, of the features of our Service. To access and use all features of our Service, including but not limited to the ability to directly communicate with other Service Members, you must enter into a paid subscription. You may elect for different subscription periods, as described in further detail when you register. Subscription fees are subject to change and are paid in advance of the subscription term that you choose.
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2.3 Account Security
You are solely responsible for: (i) maintaining the confidentiality of your username and password; (ii) ensuring all information used in connection with our Service is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account, including if we have reason to believe that you have provided fraudulent information in connection with your Account or activities on our Service.
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2.4. Subscription Payments
Payment can be made through online payment methods, (credit cards or debit cards) which are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay in placing your order.
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2.5 Recurring Payments: Monthly and Annual Subscriptions
If an error occurs when collecting the recurring payment from the payment method associated with monthly or annual subscriptions, then Company will attempt to collect the payment within three (3) days of the charge date, and if Company is still not able to collect the recurring payment within three (3) days after the charge date, access to the subscription will be removed and Company will waive the right to charge on that missed recurring payment.
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Company will cancel that subscription and will not attempt to collect any future charges on that subscription. If the recurring payment is collected within the said three (3) days period, then the subscription will be kept active and Company will continue to collect recurring payments for that subscription accordingly.
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If an error occurs when collecting the first payment after the free trial has ended for monthly or annual subscriptions that started with a free trial, then access to the subscription will be removed immediately, and Company will attempt to collect the first payment within three (3) days of the charge date. If Company is still not able to collect the first payment within three (3) days of the charge date, then Company will waive the right to charge that missed first payment, will cancel that subscription, and will not attempt to collect any future payments on that subscription. If the first payment is collected within three (3) days of the charge date, then access to the subscription will be re-granted, the subscription will be kept active, and Company will start collecting recurring payments on that subscription accordingly.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
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2.6 Subscriptions with a Trial Period
If You don’t cancel a monthly or annual subscription before the end of any trial period (free or otherwise), Company will collect the full payment for the subscription (monthly or annual) after the trial period ends. For instance, for an annual subscription with a seven (7) days trial, the full payment will be collected on the eighth (8) day of the trial’s start date, and the subsequent payment for the annual subscription will be collected on the three hundred and sixty-sixth (366) day of the trial’s start date.
3. PROFILE DISCLAIMER, PROFILE VISIBILITY AND YOUR CONTENT
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3.1 Profile Visibility and Disclaimer
Your profile is used to connect you with other Members of the Service and will be visible to those Members. FOR THE AVOIDANCE OF DOUBT, WHEN YOU CREATE AN ACCOUNT AND USE OUR SERVICE, YOUR PROFILE WILL BE VISIBLE TO REGISTERED MEMBERS OF OUR SERVICE. There are features that enable you to block or restrict designated users from being able to view and/or access your profile.
3.2 Content You Post
You will be able to post a profile picture, text, and other material in connection with your profile and use of Services ("Content"). You understand that Content you post or share, including your username/full name and picture, may be viewed by other Members of the Service. We, in our sole discretion, may reject or approve submitted Content. You are solely responsible for submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content. Although we will never post your profile publicly, certain Content may be featured on the publicly available portions of our site.
4. USE RIGHTS
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4.1 Content
You grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and/or display submitted Content. You have no reasonable expectation of privacy when using the Service because you understand that anything you post or communicate through the Service may be seen by other Members, including Members who you choose to communicate with you directly. You have the option to make some conversations private so that only those Members whom you choose have access to them. You are solely responsible for all Content submitted to the Service. If you terminate your membership or delete content from your profile, some content may remain available, including because of cached internet pages or other uses by third parties that are beyond our control. By checking the "Join the Community" box, you acknowledge that you understand and agree that we cannot and do not assume any liability for or relating to third party use or cached content which is beyond our control.
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4.2 Service
We grant you a limited, non-exclusive, non-transferable, revocable limited license to access and use our Service as expressly permitted herein. We reserve all rights not expressly granted herein.
5. RESTRICTIONS/CODE OF CONDUCT
You are solely responsible for your interaction with other Members of the Service, whether online or offline. We are not responsible or liable for the conduct of any Members. Please exercise common sense and prudent judgment in your interactions with others in all your online and offline activities.
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You agree not to do any of the following:
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Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission.
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Upload any Content for the purpose of intentionally misleading us or any other Service Member.
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Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
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Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
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Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another.
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Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
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Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
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Resell or otherwise commercialize Content or any other function or feature of the Service.
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Use our Service or any Content therein, including without limitation any personal information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement.
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Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service.
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Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language.
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Spam or otherwise generally harass users of our Service.
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Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service.
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WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOU HAVE VIOLATED ANY PROVISION OF THE AGREEMENT, INCLUDING THE PRIVACY POLICY.
WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES, INCLUDING THOSE INVOLVING OUR MAIN SITE OR ANY OF OUR AFFILIATE SITES, AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. WE MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
6. OUR PROPRIETARY RIGHTS
Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same (collectively referred to as "Our Content") are protected under U.S. intellectual property laws and are exclusively owned and/or controlled by us.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
7. DISCLAIMER OF WARRANTIES
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YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.
8. LIMITATION OF LIABILITY
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YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
9. INDEMNIFICATION
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You agree to indemnify, defend and hold us harmless and our parents, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.
10. TERMINATION
You may terminate your participation at any time by discontinuing use of the Service. At that time, we may delete Content you have submitted via the Service in accordance with our Privacy Policy. If you have a dispute with us or with the Service, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. If we terminate your subscription after the Trial Period has ended, you will not be entitled to any refund of unused subscription fees. The following Sections shall survive termination of this Agreement or your use of the Service: 3; 5; 7; 8; 9 and 15.
You agree that any notice to us shall be made via email to support@herpeswellnes.com. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after we receive it.
11. CHANGES TO SERVICES AND TERMS OF THE AGREEMENT
From time to time, we may modify, suspend, or discontinue any feature, or add new features associated with your access and use of the Service. We shall not be liable to you for any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Service. Accordingly, we reserve the right to change any term of this Agreement (in part or in whole) at any time, with or without prior notice. The last revised date above notifies you of the day we lasted updated the terms and conditions. When we add new features that do not materially affect the services and terms of the agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature. We may also notify you of any such changes via the email address linked to your Account.
12. PRIVACY
We collect and use information about you and your use of the Service and Content for the purpose of making the same available to you and for developing and improving the Service. Please review our Privacy Policy for more information at: https://herpeswellness.com/privacy-policy
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13. MINORS
Underage use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 18 submits personal information to us and we learn that such information is of a child under 18, we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under 18, please contact us at support@herpeswellnes.com. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 18, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
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14. ACCESSIBILITY STATEMENT
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Service in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Service.
Please contact us by e-mail at support@herpeswellness.com for assistance with accessing and using the Service.
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15. COMMUNICATIONS
By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.
16. GENERAL
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16.1 Governing Law
Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the State of Arizona shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to Arizona’s conflict of law provisions, but Arizona law shall not apply to the arbitration provisions in Section 17.3 of this Agreement, which are governed solely by the Federal Arbitration Act.
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16.2 Non-Waiver
Our failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.
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16.3 Alternative Dispute Resolution
By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Service, any and all such disputes shall be resolved by submission to binding arbitration in Phoenix, Arizona before a retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. We mutually agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce, and that this arbitration provision is governed by the Federal Arbitration Act.
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16.4 Class Action Waiver
Except as otherwise required under applicable law, (i) we mutually intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (ii) we mutually agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (iii) you shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
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16.5 Arbitration Confidentiality
The Disputes, as well as the arbitration proceedings and award regarding such Disputes, shall be kept strictly confidential and governed by the Nondisclosure Agreement ("NDA") provisions addressed elsewhere in this Agreement.
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16.6 Arbitral Jurisdiction
We agree that this Agreement involves interstate commerce and the arbitration will be governed by the provisions of the Federal Arbitration Act (9 U.S.C. 1 et seq.). Arizona substantive law shall govern the underlying Disputes to be arbitrated. We agree that the arbitrator, not any federal or state court judge, shall have the exclusive jurisdiction to resolve any and all disputes regarding the arbitrator's jurisdiction and the interpretation, applicability, enforceability or formation of this binding Agreement to arbitrate, including but not limited to determining which Disputes are subject to arbitration, or any contention that all or any part of this arbitration agreement is unenforceable, voidable or void.
17. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
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17.1 Infringement Notification
If you believe that your Content has been copied and posted on our Service in a way that constitutes copyright infringement, please provide our designated agent with the following information:
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your contact information (i.e. name, email address, telephone number, and address);
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a description of the copyrighted work of concern;
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a link to the location(s) on the Service of the copyrighted work of concern;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
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The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:
Herpeswellness.com
Attn: Jeana Morrissey – DMCA Agent
RE: DMCA NOTICE
1425 W. Elliot Rd., Suite 201
Gilbert, AZ 85233
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17.2 Counter-Notice
If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice ("DMCA Counter-Notice") to our Designated Agent (contact information above) containing the following information:
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Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
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A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;
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Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the United States District Court of San Francisco California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
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Your physical or electronic signature.
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If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
18. QUESTIONS
If you have any questions about this Agreement please contact us at:
Herpeswellness.com
1425 W. Elliot Rd., Suite 201
Gilbert, AZ 85233
19. MEMBER’S AGREEMENT
BY CHECKING THE "JOIN THE COMMUNITY" BOX, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT I CONSENT TO ITS TERMS AND CONDITIONS.
BY CHECKING THE "JOIN THE COMMUNITY" BOX, I REPRESENT AND WARRANT THAT I HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, THAT I DO SO OF MY OWN FREE CHOICE, AND THAT I WILL ABIDE BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME.