Terms of Service
Date of Last Revision: February 5, 2018
These Terms of Service (as amended from time to time, the “Terms of Service) are a legal contract between you and Halo Cures, Inc. ("Halo," "we," "us," "our"). The Terms of Service explain how you are permitted to use the website located at www.halocures.com as well as all associated sites linked to www.halocures.com by Halo, its subsidiaries and affiliated companies (collectively, the "Site"). Unless otherwise specified, all references to “Site” include the content and services available through the Site (the “Services”). By using the Site and/or by accepting these Terms of Service during the account creation process, you are agreeing to all of the terms herein; if you do not agree with any of these Terms of Service, do not access or otherwise use this Site, any Services available through this Site or any information contained on this Site.
NOTE: THESE TERMS OF SERVICE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH HALO. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We reserve the right, at our sole discretion, to change or modify the content and Services offered on this Site at any time. We also reserve the right, at our sole discretion, to change or modify the Terms of Service at any time. If we so change or modify the Terms of Service, we will post the changes or modifications on this page and will indicate at the top of this page the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification to the email address you have provided. Any such changes will become effective immediately when we post them, and apply to all access to and use of the Services thereafter, except that changes or modifications to the provisions of these Terms of Service governing Dispute Resolution By Binding Arbitration shall be made as specified therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree with any of the updated Terms of Service, you must stop using the Site. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.
Subject to the terms and conditions of these Terms of Service, and your compliance with these Terms of Service, Halo hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Service Content and to use this Site and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site or the Services or any of the Services Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services or Services Content in any manner.
If you breach any of the Terms of Service, the above license will terminate automatically and you must immediately destroy any downloaded or printed Services Content.
ACCESS AND USE OF THE SERVICES
Subject to the terms and conditions of these Terms of Service, and your compliance with these Terms of Service, Halo hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Service Content and to use this Site and the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site or the Services or any of the Services Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services or Services Content in any manner. If you breach any of the Terms of Service, the above license will terminate automatically and you must immediately destroy any downloaded or printed Services Content.Services Description: The Services are offered as a platform to users of the Services, which may include registered users who donate funds (“Donors“) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise interact with the Site or Services). Among other features, the Services are designed to allow Donors to contribute funds (“Donations”) to a fundraising campaign ("Campaign") for medical research conducted by one or more researchers (“Researchers”). A percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Fees section for details.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Halo facilitates the Donation transaction between Researchers and Donors, but has no control over the conduct of, or any information [directly] provided by any Researchers or any other persons or organizations affiliated with a Campaign other than Halo, and Halo hereby disclaims all liability in this regard.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Halo does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign.
We do not verify the information that Researchers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Researcher. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Researchers. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Researcher is not raising or using the funds for their stated purpose, please contact usand we will investigate.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Halo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Halo will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Halo reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Halo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. From time to time, Halo may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Halo may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Halo is under no obligation to update such material.
General Practices Regarding Use and Storage: You acknowledge that Halo may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Halo's servers on your behalf. You agree that Halo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Halo reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Halo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Services include certain services that may be available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, and (ii) the ability to browse the Services and the Site from a mobile device.
Donations:In order to contribute to a Campaign, a Donor will be required to provide Halo information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Halo that such information is true and that you are authorized to use the payment instrument.
Donations:In order to contribute to a Campaign, a Donor will be required to provide Halo information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Halo that such information is true and that you are authorized to use the payment instrument.You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and are refundable only within 30 days of making the Donation. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Halo to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Site.
Fees: Halo retains 5% of each Donation contributed to a Campaign (collectively, "Halo Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the "Payment Processing Fee," and together with the Halo Fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Halo uses a third party payment processeor called Stripe. Stripe charges a fee of 2.9% AND $0.30 per donation. Read Stripe's terms of service: https://stripe.com/us/legal. Fees are deducted directly from each Donation and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign. We reserve the right to change Halo's Fee pricing from time to time. If Halo does change its Fees, Halo will provide advance notice of the change on the Site or in email to you, at Halo's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
Geographic Restrictions: Halo is a Delaware C-Corp but operate sout of the sate of California. We provide the Site for use by persons located in the United Sates.[b] We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls and economic sanctions laws. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control and economic sanctions 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 Services, including as it concerns online conduct and acceptable content.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof ("Services Content") that are or may in the future be protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Halo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Halo from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Halo, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Halo.
The Halo name and logos are trademarks and service marks of Halo (collectively the "Halo Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Halo. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Halo Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Halo Trademarks will inure to our exclusive benefit.
Third Party Material: The Site may include content provided by third parties. Under no circumstances will Halo be liable in any way for any content or materials of any third parties (including users and Researchers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Halo does not pre-screen content posted by third parties, but that Halo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Halo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Halo, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Halo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Halo and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Halo in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Halo's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You agree to pay all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through the Site. When you provide User Content, you agree that such User Content shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Halo to monitor, police or remove any User Content or other information submitted by you or any other user. If you send or transmit any communications, comments, questions, suggestions, or related materials to Halo, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Halo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Halo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution
You acknowledge and agree that Halo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, 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 Halo, its users or the public.
Unauthorized Activities: When using this Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything contrary to our public image, goodwill or reputation.
- 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 Services, with enough detail that we may find it on the Services
- 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 above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner
- your physical or electronic signature
- 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
- 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
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement
This list of prohibitions provides examples and is not complete or exclusive. Halo reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Halo determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Halo may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Halo’s discretion, Halo will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Copyright Complaints: Halo respects the intellectual property of others, and we ask our 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, you should notify Halo of your infringement claim in accordance with the procedure set forth below.
Halo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Halo's Copyright Agent at email@example.com[c]
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to Halo's Copyright Agent at firstname.lastname@example.org[d] and include:
If a counter-notice is received by Halo, Halo will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 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 to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Halo has adopted a policy of terminating, in appropriate circumstances and at Halo's sole discretion, users who are deemed to be repeat infringers. Halo may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Halo has no control over such sites, services and resources and Halo is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Halo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Halo is not liable for any loss or claim that you may have against any such third party. If you decide to access any third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
SOCIAL NETWORKING SERVICES
In addition, Halo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Halo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Halo enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold Halo and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, awards, fines, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HALO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HALO AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL HALO,ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY , OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHERWISE REASONABLY FORESEEABLE), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL HALO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HALO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Halo support at email@example.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Halo has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. With respect to arbitration, the payment of attorneys' fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the event AAA Rules are not available. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Halo. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and Halo shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). For the purpose of this Provision, “Halo” means Halo Cures, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Halo regarding any aspect of your relationship with Halo, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Halo’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or arbitration, you must first give Halo an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Halo, 1610A Larkin St., San Francisco, CA 94109, Attn: CEO and CFO, with a copy by email to email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Halo does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out: Notwithstanding the above, you or Halo may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Halo, 1610A Larkin St., San Francisco, CA 94109, Attn: CEO and CFO, with a copy by email to firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Halo through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Halo. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures: If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Halo may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration – You or Halo may initiate arbitration in either San Francisco, California or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Halo may transfer the arbitration to San Francisco in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. Payment of Arbitration Fees and Costs – Halo will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Halo as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver: Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Halo specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver: You understand and agree that by entering into this Agreement you and Halo are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Halo might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.Severability:If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation: This Provision shall survive the termination of your service with Halo or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Halo makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Halo to adhere to the language in this Provision if a dispute between us arises.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Halo will have no liability or responsibility with respect thereto. Halo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Halo and govern your use of the Services, superseding any prior agreements between you and Halo with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Halo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Halo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by Halo of any term or condition set forth in these Terms of Service shlal be deemed a further continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that such provision shall be eliminated or limited to the minimum extent such that the , and the remaining provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Halo, but Halo may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Halo, 1611 Golden Gate Ave, San Francisco, CA 94115. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com. You may also contact us by writing Halo Cures, Inc., 1611 Golden Gate Ave, San Francisco, CA 94115 . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.