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Terms of Service
Terms of Service
Last updated: 5/19/22
Please read this Terms of Service Agreement (the “Agreement”) carefully. By accessing or using this website or any other website, mobile site, service, application, platform, and tool of Tlpdzjz, LLC (hereinafter referred to as “Tlpdzjz” or “we” or “our”), its affiliates or agents (that link to this Agreement) (collectively, the “Website”), including using the services and resources provided or enabled through the Website (each a “Service” and collectively, the “Services”), completing the account registration process, or making a purchase, you represent that (1) you have read, understood, and agree to be bound by the terms of this Agreement, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into this Agreement. If you do not agree to be bound by the terms of this Agreement, you may not access or use the Website or Services.
Your use of and participation in certain Services may be subject to additional terms (“Supplemental Terms”), which will be set forth in this Agreement or presented to you for your acceptance when you register to use the Supplemental Services.
The Supplemental Terms shall be governed by the terms of this Agreement. In the event of any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms shall control with respect to such Services.
This Agreement requires individual arbitration, rather than jury trials or class actions, to resolve disputes, and also limits the remedies available to you in the event of a dispute.
Changes to This Agreement
You are responsible for regularly reviewing this Agreement. We may modify this Agreement at any time, in our sole discretion, without notice. If you do not agree to this Agreement, please do not use the Site or Services.
When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Updated" date at the top of the Agreement. If we make any material changes, and you have registered for the Services, we will also send an email to the most recent email address you provided to us under the Agreement. Any changes to the Agreement will be effective immediately. We may require you to agree to the updated Agreement in the manner specified before you are permitted to continue using the Site or Services. If you do not agree to any changes after receiving notice of such changes, you must cease using the Site and/or Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such changes. Please visit the Site periodically to review the then-current Agreement.
Semester
After purchasing a subscription, you will receive recurring emails. These emails will be delivered based on the subscription length and frequency you selected. Your payment information will be securely stored, and you will be charged for each delivery unless you choose to pay in advance. Some subscriptions may automatically renew upon expiration for a term equal to Tlpdzjz's then-current fees for such services, unless you cancel your subscription in accordance with the terms set forth herein. You may cancel or change your subscription at any time.
Your order confirmation email contains a link to your order. You can manage your subscription from there. For more details on returns and refunds, please see the Refund Policy below.
Termination
We reserve the right to change, edit, suspend, remove, and/or cancel any part of the Site or Services, or we may terminate this Agreement and/or your license to use the Site or Services, without prior notice or liability, if: (a) you breach any provision of this Agreement; (b) we cease providing the Site or Services; (c) we are unable to provide the Site or Services for any reason; (d) as required by law; or (e) due to events beyond our control.
Upon termination of this Agreement for any reason: (a) all rights granted to you under this Agreement will immediately terminate; (b) you must immediately cease all activities authorized under this Agreement (including your use of the Website or Services); and (c) you acknowledge that we may restrict your access to the Website. Any provision of this Agreement that expressly or by its nature is intended to survive termination or expiration, or that requires performance or observance after termination or expiration, will survive such termination or expiration and continue in full force and effect thereafter.
Permitted Use and Restrictions
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable license to access and use the Website and Services (including any updates and upgrades that replace or supplement them in any way, and any updates and upgrades that are not separately licensed and any documentation) on devices that you own or control for your personal use.
You may not use (or allow third parties to use) the Website: (a) in any unlawful manner, for any unlawful purpose, or to engage in fraudulent or malicious conduct, such as hacking into the Website or any operating system used by the Website or inserting malicious code (including viruses) or harmful data into the Website or any operating system used by the Website; (b) in any manner that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users; (c) harvest or harvest any information or data from the Website or our systems, or attempt to decipher any transmissions to or from the servers running the Website; (d) link our products to any third-party e-commerce website, marketplace, or mobile application without our express written consent; (e) send, knowingly receive, upload, download, use, or re-use any material that is inconsistent with this Agreement; (f) transmit or procure the sending of any unsolicited or unauthorized advertising or promotional materials or any other form of similar solicitation (spam); or (g) for any other purpose that is detrimental or commercially disadvantageous to Hiya Health or its clients or partners.
In addition, (a) you may not license, sell, rent, lease, transfer, assign, copy, distribute, host or otherwise commercially exploit the Site or Services, (b) you may not frame or utilize framing techniques to enclose any of our trademarks, logos or other intellectual property (including images, text, page layout, or form); (c) you may not use any meta tags or other "hidden text" utilizing our name or trademarks; (d) you may not, and you may not cause, permit or authorize another party to, modify, copy, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse engineer or decipher any portion of the Site, except to the extent that applicable law expressly prohibits the foregoing restrictions; (e) you may not use any manual or automated software, device or other process (including, without limitation, spiders, robots, crawlers, scrapers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained on the Site (except that we grant the operators of public search engines revocable licenses to use spiders to copy materials from the Site solely for the purpose of creating publicly searchable indices of the materials, but not caches or archives of such materials); and (f) Except as expressly provided herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (g) you may not remove or destroy any copyright notice or other proprietary markings contained on or within the Site; (h) you may not cause, permit, or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decompilation, disassembly, or hacking of the Site; (i) you may not use the Site for any illegal, prohibited, unusual, or deviant activity as determined by Tlpdzjz in its sole discretion; (j) resell or redistribute Tlpdzjz products without prior written consent; (k) list Hiya Health products for sale on third-party platforms, including eBay, Amazon, or any other online marketplace; or (l) use Tlpdzjz's trademarks, copyrights, or product descriptions for unauthorized resale. Any future release, update, or other addition to the Site shall be subject to this Agreement. We, our suppliers, and service providers expressly reserve all rights not granted herein. Any unauthorized use of the Website or Services terminates the license granted by us under this Agreement.
You acknowledge and agree that you are solely responsible for any violation of this Agreement by you and the consequences of any such violation, and that Tlpdzjz has no liability or responsibility to you or any other person or entity. You agree to immediately report any violation of this Agreement by others to Tlpdzjz.
You agree not to provide inaccurate, misleading, or false information, including personal information, to Tlpdzjz or any other user. If any information (including personal information) you provide to Tlpdzjz or another user subsequently becomes inaccurate, misleading, or false, you will promptly update that information. Hiya Health assumes no responsibility and has no obligation to review the accuracy of any information you provide, including any personal information. Except as provided herein, you agree not to provide us with any protected health information (i.e., information regarding medical conditions, diagnoses, or treatments), including but not limited to demographic data related to:
An individual's past, present, or future physical or mental health or condition;
The provision of health care to an individual;
The past, present, or future payment for health care services provided to an individual; or
Any information that is personally identifiable, or that could reasonably be believed to be personally identifiable.
Product Resale
Products purchased from Tlpdzjz are for personal use only. Resale, redistribution, or listing of Tlpdzjz products on third-party platforms (including, but not limited to, eBay, Amazon, or other online marketplaces) is strictly prohibited without prior written authorization.
Hiya Health reserves the right to take action, including but not limited to legal remedies, against any unauthorized sale, resale, or distribution of its products.
Tlpdzjz is not responsible for any claims, losses, or damages arising from the purchase of products from unauthorized sellers or third-party platforms. We encourage customers to purchase products directly from Hiya Health or its authorized partners to ensure authenticity and quality.
Account Registration
To create an account and/or make purchases through the Site, you may be asked to submit certain information, which may include your name and/or username, email address, and password. All information you provide to Tlpdzjz must be accurate and complete. You agree to keep this information up to date; otherwise, your account may be terminated or you may be unable to access the Site. Each time you use your password or identification, you are deemed authorized to access and use the Site in the manner contemplated by this Agreement, and we have no obligation to investigate the authorization or source of any such access or use.
Your account is for your personal use only. You may not authorize others to use your account, and your account is not transferable or sublicensable to third parties. Creating an account does not grant you ownership of the Site or any content thereon. Instead, you are granted a license to use the Site in accordance with this Agreement. This license to use the Site and any information associated with your use of the Site will continue to operate as long as you comply with this Agreement. However, we may retain and use information associated with your use of the Site in accordance with our Privacy Policy and other policies.
You are fully responsible for all access to and use of the Website and your account by anyone using your password and identification information, whether or not such access and use is authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) arising from such access or use. You represent and warrant that: (i) you will be the only person accessing the Website through the account you create; (ii) you will maintain the security of your account credentials (including your password); and (iii) you will notify Tlpdzjz of any suspected breach of security or unauthorized use of your account.
You are solely responsible for maintaining the security and confidentiality of your password and identification information. We are not responsible for any damage resulting from unauthorized account access or use. You are entirely responsible for the use of your account, your use of the Website, and your interactions with third parties through your use of the Website. You acknowledge that Tlpdzjz is not responsible for third-party access to your account resulting from theft or misappropriation of your username and password, including any activity conducted using your account following any incident of improper access, theft, or misappropriation. You will immediately notify us of any unauthorized use of your password or identification, or any other breach or threatened breach of the Site's security.
Subscription Process
If you purchase a subscription to our Services through our Site, you will receive an initial package containing your refillable vitamin supplement bottle containing your thirty (30) day supply. Thereafter, every thirty (30) days, on the first day following the end of the previous thirty (30) day period, we will ship you an additional thirty (30) day supply of vitamin supplements (on each renewal effective date) at the then-current subscription price. Our subscriptions are thirty (30) days long to ensure that you do not run out of vitamin supplements at the end of each month.
Your subscription does not incur any subscription fees. You only pay the cost of the product and any associated shipping and handling charges. If your initial order includes a discount, subsequent months will be charged the undiscounted subscription amount unless your discount explicitly applies to all subsequent months.
By subscribing, you authorize us to bill your payment provider now and again on any renewal start date. We may send you an email reminder before charging your payment provider on that renewal start date.
Payment Terms
We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. When you first place an order, we will ask you for shipping and payment information. You agree that we may use information from your bank or credit card issuer, or other information we have, to update your payment information.
You may be required to pay local taxes, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We reserve the right to modify product or shipping charges at any time. We will notify you at least 30 days before the price change takes effect. You will have the opportunity to cancel your subscription before the price change takes effect. When we notify you of the price change, we will also notify you that the price change will take effect immediately if you do not cancel your subscription. At the end of the thirty (30) day period, you will be charged the new price for your subscription, provided you have not canceled your subscription after receiving our notice. If you do not agree to the price change, you must cancel and cease use of your subscription before the renewal start date on which the price change becomes effective.
IWe use third-party service providers to provide payment services (such as credit card transaction processing, merchant settlement, and related services). You hereby consent and authorize Tlpdzjz and its third-party service providers to share any information and payment instructions you provide, including personal information, financial information, credit card payment information, and transaction information, as necessary to complete payment transactions under this Agreement. When you first register a payment method, you may see a pending charge during the authorization confirmation process. This charge is not an actual fee and is only used to verify the authenticity of your account. The pending charge will automatically settle. If you have any questions, please contact Support@tlpdzjz.store.
We are not responsible for any fees or charges your bank or credit card issuer may impose.
Shipping
Currently, we only ship to addresses within the United States and southern Canada.
We will make every effort to ship your products within 3-5 business days of ordering via USPS, UPS, or FEDEX.
The risk of loss and title for your purchased items pass to you upon delivery to the carrier.
Cancellation
Your subscription will continue in effect and you will be charged every thirty (30) days until you choose to cancel. However, please note that all service fees are non-refundable. Therefore, if you cancel your subscription on the renewal effective date, we will ship you any unshipped vitamin supplements you purchased, but we will not refund any amount for shipments not received by the cancellation date. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time before the renewal effective date by emailing Support@tlpdzjz.store.
If you choose to cancel your subscription at any time, your subscription will automatically terminate and we will not charge your payment provider on the next renewal start date. You agree that we may terminate or suspend your subscription at any time and for any reason at our sole discretion.
Refunds
If you would like to request a refund, please contact us at Support@tlpdzjz.store. Any refund will be made at our sole discretion. Discounted orders are not refundable unless expressly agreed to by Tlpdzjz.
Product Reviews
The Service allows registered users to post reviews, ratings, and opinions about products sold on the Site (collectively, "Reviews"). You are solely responsible for any content, opinions, statements, advice, or predictions contained therein. Reviews posted on our Site may not be endorsed by Tlpdzjz and do not represent the views of Tlpdzjz. You acknowledge that any opinions, statements, advice, ratings, offers, recommendations, or other information expressed or disseminated in any Review are those of their respective authors, who are solely responsible for their content. This means that you, and not Tlpdzjz, are fully responsible for any Review you post, including the content contained therein. By posting a Review, you grant Tlpdzjz a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform your Review throughout the world in any media now known or hereafter devised; (b) make your Review available to the rest of the world and enable others to do the same; (c) provide, promote, and improve the Services and make your Review shared on the Site available to other companies, organizations, or individuals for syndication, broadcast, distribution, promotion, or publication on other media and services, subject to this Agreement; and (d) use the name and/or trademark you submit in connection with your Review. You acknowledge that Tlpdzjz may provide attribution for your Review at its sole discretion, and you further grant Tlpdzjz the right to pursue legal action against any person or entity that violates your or Tlpdzjz's rights in your Review in violation of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for Tlpdzjz to publish and otherwise use) your Review as authorized herein.
Tlpdzjz reserves the right, in its sole discretion, to refuse to publish or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Tlpdzjz has no obligation to edit or modify any information provided in any Review, or to adjudicate any disputes or disagreements between Posters, and assumes no liability for any content posted in a Review. Tlpdzjz assumes no liability for Reviews or any claims for financial loss resulting from such ratings and reviews. You agree that: (i) any ratings or reviews you post will be based solely on your first-hand experience with the reviewed product; (ii) you will not submit a rating or review in exchange for payment or other benefit from any person or entity; and (iii) your Review will comply with the terms set forth herein. If Tlpdzjz determines, in its sole discretion, that any rating or review may diminish the integrity of ratings and reviews, we may exclude such review without prior notice. We may, but have no obligation to, monitor or review our website at any time. If we become aware of potential violations of this Agreement or applicable law, we reserve the right to investigate such violations and, in our sole discretion, immediately terminate your permission to use the website. You understand and agree that Tlpdzjz may, but has no obligation to, review and remove (without notice) any information that Tlpdzjz determines, in its sole discretion, violates this Agreement, infringes the rights of another person or entity, or is potentially offensive, illegal, or threatening the safety of others. Specifically, Tlpdzjz may remove a comment if it determines, in its sole discretion, that it:
1. is false, unlawful, misleading, defamatory, libellous, obscene, pornographic, lewd, indecent, suggestive, harassing (or advocates harassment of another), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
2. is patently offensive to the online community, such as promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual;
3. constitutes, encourages, promotes, or provides instructions for committing illegal activities, committing a criminal offense, giving rise to civil liability, violating the rights of any party in any country in the world, or otherwise creates liability or violates any local, national, or international law, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission (SEC) or the rules of any securities exchange, including, but not limited to, the New York Stock Exchange (NYSE) and/or Nasdaq;
4. provides instructional information regarding illegal activities, such as making or purchasing illegal weapons, violating another's privacy, or providing or creating computer viruses;
5. May infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
6. Constitutes mass mailing or "spam," "chain letters," or "pyramid schemes";
7. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Tlpdzjz;
8. Is the private information of any third party, including, but not limited to, addresses, telephone numbers, email addresses, social security numbers, and credit card numbers;
9. Contains or is intended to facilitate viruses, corrupted data, or other harmful, destructive, or disruptive files;
10. Is not related to the quality, health benefits, or nutritional value of the products, or primarily addresses administrative issues (such as subscriptions or cancellations) that are best handled by customer service.
11. Is otherwise objectionable to Tlpdzjz, as determined by Tlpdzjz in its sole discretion;
12. Restricts or inhibits any other person from using or enjoying the Services; or
13. May expose Tlpdzjz or its users to any damage or liability of any kind.
Electronic Communications
By agreeing to this Agreement or using this Website, you consent to receive communications from us, including by email, text message, or phone call. Our communications may include marketing materials or responses to your inquiries. If you no longer wish to receive our newsletters, emails, or other marketing communications, you may unsubscribe at any time by clicking the "Unsubscribe" link at the bottom of our emails. If you no longer wish to receive phone or text messages from us, please see the "Mobile Messaging Service" section below for information on how to opt-out.
Mobile Messaging Service
If you opt-in, Tlpdzjz may provide updates, reminders, information, promotions, special offers, Q&A sessions, and other marketing offers (such as shopping cart reminders) via text message to the mobile phone number provided by your wireless service provider (the "Mobile Service"). The Mobile Service may be delivered using an automatic telephone dialing system or other technology. Your agreement to use the Mobile Service is not a condition to purchasing any goods or services. Your use of the Mobile Service constitutes your agreement to these Terms and Conditions. We may modify or discontinue the Mobile Service or any of its features without notice. We may also modify this Agreement at any time, and your continued use of the Mobile Service after the effective date of any such changes constitutes your acceptance of such changes. We do not charge for mobile service, but you are responsible for all text messaging charges charged by your wireless carrier. Text messaging and data charges may apply. Please contact your wireless carrier for information about your text messaging plan. Your carrier may impose text messaging or fee limits on your account, which are beyond our control. All charges are levied by your wireless carrier. Text message frequency varies.
To opt out of the mobile service and stop receiving any messages, text "STOP" to +1 202-289-9000. You will receive a one-time opt-out confirmation text message. If you have subscribed to other Hiya Health mobile messaging services and wish to cancel, you will need to opt out of those services separately by following the instructions in their respective mobile terms. For service support or assistance, text "HELP" or email Support@tlpdzjz.store.
We may change any short codes or phone numbers used to operate the mobile service at any time and will notify you of such changes. You acknowledge that any messages you send to our changed short codes or phone numbers (including any "stop" or "help" requests) may not be received, and we will not be responsible for processing requests contained in such messages.
Wireless carriers supporting the Mobile Service are not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. You agree to provide us with accurate, complete, and up-to-date information related to your receipt of messages, including, but not limited to, promptly notifying us if you change your mobile phone number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liabilities, damages, or expenses arising from your use of the Mobile Service or providing us with a phone number other than your own.
You agree that we are not responsible for the failure, delay, or misdelivery of any messages sent via the Mobile Service, any errors in such messages, and/or any actions you may or may not take based on such information or the Service.
Disclaimer
While we strive to maintain the currency, integrity, and security of the Website, the Website may contain inaccuracies, errors, and materials that violate or conflict with this Agreement. Furthermore, third parties may make unauthorized changes to the Website. While we take reasonable precautions to protect against computer viruses and/or other malicious programs, we assume no responsibility for them.
Accordingly, we do not promise, undertake, represent, guarantee, or warrant that you or any other user of the Site or Services will achieve any specific or tangible results or objectives through the use of the Site or any products or services offered on or through the Site.
Except as otherwise expressly provided, the Site, the services, and products provided on the Site are provided on an "as is" and "as available" basis without warranty of any kind. To the fullest extent permissible by applicable law, we disclaim all warranties and guarantees, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site, Services, or the server that makes it available are free of viruses or other harmful components. We make no warranties or representations regarding the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise of the Site, Services, or materials. Applicable law may not allow the limitation or exclusion of warranties, so the above limitations may not apply to you.
No advice or information, whether oral or written, obtained from us or through the Website or Services (including with respect to products offered through the Website), shall create any warranty not expressly made herein.
Notice Regarding Medical Advice.
This Website does not provide medical or other licensed professional advice. Nothing stated or published on this Website or made available through any Services is intended to constitute (and should not be construed as) the practice of medicine. The materials on this Website (such as text, graphics, images, and information obtained from this Website) are for informational purposes only. This Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information you have obtained through this Website. Reliance on any content on this Website is at your own risk. The information provided on this Website does not constitute a physician-patient relationship between you and any healthcare professional affiliated with this Website, if any.
If you think you may be experiencing a medical emergency, please call your physician or 911 immediately.
You acknowledge and agree that we are not covered by, and therefore not subject to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its related regulations. You are responsible for compliance with any applicable federal or state laws governing the privacy and security of personal information, including medical or other sensitive data. You acknowledge that this website may not be intended for storing or controlling access to sensitive data, such as medical or health information and "protected health information" (also known as PHI) as defined by HIPAA. We expressly disclaim any representation or warranty that this website complies with HIPAA. We do not enter into any "Business Associate Agreement," and you acknowledge that we are not your business partner, subcontractor, or agent under HIPAA.
Limitation of Liability
You understand and agree that under no circumstances will we or our affiliates and their respective business partners, licensees, licensors, officers, directors, employees, and agents be liable for any losses, losses, or damages incurred by you.Neither the Indemnified Parties nor their respective successors and assigns (the "Indemnified Parties") shall be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of, related to, or in any way connected with the Site, this Agreement, or the Services, including, without limitation, damages for loss of use, data, or profits, any security breaches, or loss to your device, personal injury, emotional distress, property damage, or otherwise arising out of your use of or reliance on the Site or your inability to access or use the Site, whether or not we have been advised of the possibility of such damages, regardless of the theory of liability, whether in contract, tort, or strict liability, and regardless of any negligence (active, affirmative, sole, or concurrent) of any Indemnified Party.
If you are dissatisfied with the Site or the Services (including, without limitation, the Site Content), your sole and exclusive remedy is to discontinue using the Site and/or terminate your use of the Services. This limitation also applies to any information or advice obtained through or advertised in connection with the Site or any links on the Site.
If the above exclusions of liability are held to be invalid or unenforceable in whole or in part, then the liability of the Indemnified Parties arising out of or in connection with the Website or this Agreement, whether in contract, tort (including, but not limited to, negligence, strict liability, and other contract or tort actions), or otherwise, shall in no event exceed the amount we received from you for your use of the Services during the Subscription Period in which the claim first arose. If you have not paid Tlpdzjz any amount during the Subscription Period in which such claim first arose, then the Indemnified Parties' sole and exclusive liability shall be limited to fifty U.S. dollars ($50).
These limitations of liability apply even if a limited remedy fails of its essential purpose. You agree that any claim or cause of action arising under this Agreement related to our Website or Services, or the performance or non-performance of the Website or Services, must be filed within one year after such claim or cause of action arose or be forever barred. The limitations of liability herein apply to all aggregate liabilities, including, but not limited to, liability arising from your use of or inability to use the Website or any third-party websites (including any viruses that may be transmitted in connection therewith), or any other matters arising out of or related to the Website or Services.
The limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer that may not be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Indemnified Parties shall be limited to the extent permitted by law. This provision shall not affect the choice of law provisions set forth below.
Copyright and Trademarks
The technology underlying this website and its entire contents are protected as a collective work by Tlpdzjz LLC under the copyright laws of the United States and elsewhere and are protected by copyright and other intellectual property or proprietary rights. All Tlpdzjz LLC trademarks, service marks, and trade names on this website, including the Tlpdzjz logo, are trademarks or registered trademarks of Tlpdzjz LLC or their respective owners. You are not authorized to use any of our trademarks, service marks, or logos, and any unauthorized use of any such trademarks, service marks, or logos may violate federal and state trademark laws. You acknowledge that all intellectual property rights in Tlpdzjz, the Website, the Services, the Tlpdzjz trademarks, and copyrights, whether registered or unregistered, including but not limited to graphics, logos, "look and feel," trade dress, structure, organization, code, any software related to the Website, data, text, images, graphics, proprietary algorithms, logos, user interfaces, audio clips, digital downloads, compilations of data or code and videos displayed through the Website, and all content on the Website and the compilation thereof, as well as all intellectual property rights associated with the Website and the Services, are owned by us or our licensors and are the valuable trade secrets and confidential information of Tlpdzjz and/or our licensors and are protected by intellectual property laws. You acknowledge and agree that Tlpdzjz or its licensors own all right, title, and interest in and to the Website and the Services, including all intellectual property, industrial property, and proprietary rights recognized at any time throughout the world, and that the Website and the Services are protected by U.S. and international copyright laws. Furthermore, you acknowledge that the Website and the Services may contain information designated by Tlpdzjz as confidential, and you agree not to disclose such information without Tlpdzjz's prior written consent. Nothing posted on this Website grants any license, whether by implication, estoppel, or otherwise, to any trademark, copyright, or other intellectual property right of Tlpdzjz or our licensors. You should assume that everything you see or read on this Website is proprietary information protected by copyright or trademark and, unless otherwise noted, may not be used without the written permission of Tlpdzjz or our licensors. You are authorized only to use Tlpdzjz Content in the manner expressly authorized when interacting with such material. Nothing in this Agreement transfers ownership of such rights. When accessing the Website or Services, you agree to obey the law and respect the intellectual property rights of others. Your use of the Website and Services will at all times be governed by and subject to laws regarding copyright.
Compliance with the Law
You may use the Website and Services only for lawful purposes. The Website and Services are subject to all local, state, national, and international laws, statutes, rules, regulations, and ordinances applicable to the use of the Website and Services, and you agree that you will comply with such laws, statutes, rules, and ordinances at all times.
Notice to California Residents Pursuant to California Civil Code Section 1789.3
Pursuant to California Civil Code Section 1789.3, California users of e-commerce services are provided with the following consumer rights notice: California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at 400 R. Street, Sacramento, CA 95814, by writing to them, or by calling them at +1 202-289-9000.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against all claims, demands, losses, causes of action, liabilities, judgments, awards, liabilities, expenses, damages, costs, charges, and expenses (including reasonable attorneys' fees) arising out of, based upon, or resulting from (a) any breach, violation, or alleged breach of this Agreement; (b) any activity related to your use of the Site or Services (including all Comments you post through the Site and any negligent or wrongful conduct); (c) any other person accessing the Site using your account, or your ability or inability to use the Site and Services, including any products purchased thereon; (d) your violation of any third-party rights; or (e) any other activity you engage in using the Site. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, but this does not excuse your indemnification obligations. In such event, you will provide the Indemnified Parties with all the cooperation they reasonably request.
Privacy
This Agreement also incorporates the terms of our Privacy Policy (as updated from time to time), which is available at [https://tlpdzjz.store/privacy-policy] (the "Privacy Policy"). Our Privacy Policy explains how your personal information will be collected and used, as well as other information related to your privacy. By agreeing to this Agreement, you also agree to the Privacy Policy and consent to (a) the processing of your personal information as described in the Privacy Policy, and (b) the collection of information from your device as described in the Privacy Policy. If there is any inconsistency between this Agreement and the Privacy Policy, this Agreement will control.
Third-Party Links and Websites
The Website may link to other websites operated by third parties and materials provided by third parties (including our third-party licensors) (collectively, the "Third-Party Websites"). We have no control over, and assume no responsibility for, these Third-Party Websites or any intellectual property rights therein, their content, accuracy, validity, timeliness, completeness, reliability, integrity, legality, usefulness, security, operation, and/or availability. Nothing in this Agreement constitutes a representation or warranty by us with respect to any Third-Party Websites. We have no obligation to monitor third-party websites, and we may block or disable access to any third-party website (in whole or in part) through the Website at any time. Furthermore, access to any third-party website through the Website does not imply our endorsement of or any affiliation with any provider of such third-party website, nor does it create any legal relationship between you and any such provider. Each third-party website has privacy and data collection practices independent of Tlpdzjz. Your use of a third-party website or location will be subject to its terms and conditions and privacy policy, if any ("Third-Party Terms"). You are responsible for reading and abiding by the Third-Party Terms. If you have any questions about such links or the content on any such third-party website, please contact the webmaster of the applicable third-party website.
Feedback
You agree that any ideas, suggestions, documents, and/or proposals submitted to us through its suggestions, feedback, wikis, forums, or similar pages ("Feedback") are submitted at your own risk and we will have no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all the rights necessary to submit Feedback. You hereby grant us a fully paid-up, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and exploit in any manner commercially or non-commercially, any and all Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Website and Services.
Various
Your use of the Website shall be governed in all respects by the laws of the State of Delaware, U.S.A., without regard to choice of law provisions. You and Tlpdzjz hereby submit and consent to the exclusive jurisdiction of any state or federal court located in Los Angeles, California, except as otherwise provided below, and irrevocably consent that all actions or proceedings between you and Tlpdzjz shall be commenced, maintained, and prosecuted exclusively in such courts, and you and Tlpdzjz each waive any objection to venue in such court based on improper venue or forum non conveniens. Notwithstanding the foregoing, Tlpdzjz shall be permitted to seek equitable relief (including injunctive relief) in any jurisdiction.
You may not assign, subcontract, delegate, or otherwise transfer this Agreement, and your rights and obligations hereunder, without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. Notwithstanding the foregoing, we may assign our rights and obligations under this Agreement to another party, but this will not affect your rights or our obligations hereunder.
We are not responsible for any delay or failure to perform due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages or delays in transportation or shipping facilities, fuel, energy, labor, or materials.
Any waiver or failure to enforce any provision of this Agreement on any one occasion will not be deemed a waiver of any other provision or on any other occasion.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed as nearly as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge and agree that Tlpdzjz will suffer irreparable harm if the terms of this Agreement are not specifically enforced, and therefore you agree that, in addition to other remedies available to us under applicable law, we will be entitled to appropriate equitable relief for any breach of this Agreement without the need for a bond, other security, or proof of damages.
This Agreement, including the documents referenced herein and the Privacy Policy, constitutes the entire agreement between you and Tlpdzjz regarding the Website and Services and supersedes any and all prior agreements between you and Tlpdzjz regarding the Website or Services.
This Agreement is not intended to or create any agency, partnership, joint venture, employment, franchiser-franchisee, or other relationship between the parties or any of their affiliates. This Agreement does not create any rights enforceable by third parties, and neither party has any right, power, or authority to impose any liability or obligation on the other party under this Agreement.
Arbitration Agreement
Please read the following Arbitration Agreement ("Arbitration Agreement") in this section carefully. It requires you to resolve disputes with us through arbitration and limits the manner in which you may seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim arising in connection with your access to or use of the Site and Services, any products sold or distributed through the Site, or any aspect of the relationship between you and us shall be resolved by binding arbitration rather than in court. However, (i) you may assert claims in small claims court if your claims qualify, for as long as the matter remains pending in that court, and only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were filed before the date this Agreement or any prior version of this Agreement was last updated.
If you agree to arbitrate with Tlpdzjz LLC, you agree in advance that you will not participate in or seek monetary or other relief in any proceeding brought against us asserting class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitrate, you are asserting claims against us in an individual arbitration proceeding. If you prevail on such claims, you may be awarded monetary or other relief by the arbitrator. You acknowledge that you have been informed that you may consult an attorney to determine whether to accept this Agreement (including this Arbitration Agreement).
Arbitration Rules and Venue. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To commence an arbitration proceeding, you must send a letter to our registered agent requesting arbitration and describing your claim. The arbitration will be conducted by JAMS, a leading alternative dispute resolution provider. Disputes involving claims and counterclaims for less than $250,000 (excluding attorneys' fees and interest) will be governed by the most current version of JAMS' Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to the most current version of JAMS' Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. You may also obtain the JAMS Rules by visiting www.jamsadr.com or contacting JAMS at 800-352-5267. If JAMS is unable to conduct the arbitration, the parties will select an alternative arbitration forum. If the arbitrator determines that you cannot afford JAMS's filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, for claims totaling less than $10,000, we will reimburse JAMS's filing, administrative, hearing, and/or other fees in full, unless the arbitrator determines the claims are frivolous. Similarly, we will not seek attorneys' fees and litigation costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in your country of residence or at another mutually agreed location. Any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Arbitrator's Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, between you and us. The arbitration proceedings shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and any non-monetary remedy or relief available to an individual under applicable law, the forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator shall have the same authority as a judge in a court of law and shall have the authority to award relief on an individual basis. The arbitrator's decision will be final and binding upon you and us.
Waiver of Jury Trial. You and Tlpdzjz LLC hereby waive any constitutional and statutory rights to sue in court and have a trial before a judge or jury. You and we each elect that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as provided above. The arbitrator can award the same damages and relief on an individual basis as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited restrictions.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis, not a class basis, and only individual relief is available. Claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If this paragraph is held invalid or unenforceable, neither you nor we are entitled to proceed with arbitration, and claims and disputes shall be resolved exclusively in the federal or state courts located in Los Angeles, California.
30-Day Right to Opt Out. You have the right to opt out of the terms of this Arbitration Agreement by sending written notice to Support@tlpdzjz.store within 30 days after you first become bound by it. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if any), and a clear statement that you wish to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreement you may currently have or may enter into in the future between us.
If any part of this Arbitration Agreement is held invalid or unenforceable under the law, then that specific part will be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement will continue in full force and effect.
Survival of the Agreement. This Arbitration Agreement will survive any termination of your relationship with us.
Notwithstanding anything to the contrary in this Agreement, we agree that if we make any material changes to this Arbitration Agreement in the future, such changes will not apply to any individual claim for which you have provided notice to us.
Community Guidelines and Comment Moderation
To foster a positive, respectful, and safe environment on our social media platforms and online communities, Hiya has established the following user interaction guidelines:
Respectful Communication: We welcome and encourage open discussion, but please remain respectful. We will not tolerate harassment, bullying, or abusive language directed at other users or our team members.
Accurate Health Information: Comments containing false or misleading health information may be removed to ensure our community receives accurate and reliable information.
No Hate Speech or Discrimination: We do not allow comments that promote hate speech, violence, or discrimination based on race, ethnicity, gender, sexual orientation, religion, or other personal characteristics.
Constructive Feedback: We welcome feedback and honest opinions, but repetitive or overly negative comments may hinder constructive discussion and may be moderated. For any specific questions or complaints, please contact our support team directly at Support@tlpdzjz.store.
Spam and Off-Topic Content: Comments containing irrelevant, promotional, or spam content may be removed. We encourage discussion relevant to our posts and community.
Hateful and Inflammatory Comments: Comments intended to provoke, disrupt, or derail the conversation may be removed to maintain a positive environment.
Moderation: Tlpdzjz reserves the right to moderate comments and block users who violate these guidelines. We are committed to consistently adhering to these guidelines to maintain a respectful community.
By interacting with our social media pages, users agree to abide by these guidelines. For more information or any questions about our moderation practices, please contact Support@tlpdzjz.store