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IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 FOR ASSISTANCE. NO EMERGENCY MEDICAL SERVICES ARE OFFERED THROUGH THIS WEBSITE.
These Website Terms of Use (“Terms”) apply to your use of the Websites, as defined below, provided by WPE Digital, Inc. (also referred to in these Terms, as “WPE”, “we” or “us”).
Please read these Terms carefully. By clicking “Accept”, “I agree”, or a similar checkbox or button referencing these Terms on any Website, by accessing or using any of the Services, by creating a user account on any Website, or by making any printed, oral, or electronic statement, including on the web, you agree that you have read, understood, and agree to be bound by these Terms.
If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Websites and the Services.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 11 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WPE ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTION 9.
General Provisions.
Definitions. The following definitions apply to these Terms:
“Content” means descriptions of Services, and other information, and materials that are made available to Users like you through, or in connection with, the Services, including on the Websites. Content includes, without limitation, text, images, photos, audio, video, and all other forms of data, communication or information related to the Services;
“Feedback” means any ideas, concepts, feedback, reviews, ratings, suggestions, questions, and know-how that a User makes available in connection with the Services, contributes to their user profile or suggests for a business page;
“Services” means our provision on the Websites of: (i) information and insights designed to support Users with kidney stones to manage their health behaviors and outcomes, (ii) toolkits and lifestyle recommendations designed to assist Users in adopting a holistic approach to managing kidney stones, (iii) tools designed to provide self-reported health assessments, such as our 24-hour urine test webtool; (iv) tools designed to assist Users in identifying and comparing health-care professionals; and (v) other tools, materials and content designed to assist Users in proactively managing their health and lifestyle outcomes, including based on information and insights powered by a community of Users.
“Websites” means websites provided by WPE in connection with delivering the Services, including the ones located at (i) https://www.worstpainever.com, and (ii) https://www.findmyuro.com;
“User” or “you” means an individual user (such as you) who is using the Services.
Updates to these Terms. We may update these Terms at any time and may notify you of the updated Terms by any reasonable means, including by posting the revised Terms to the Websites. The updated Terms will apply to your use of the Services and the Websites after the date on which we have posted the updated Terms or otherwise notified you of those changes. By continuing to use the Services or access the Websites after we post them on the Websites or otherwise notify you of any change, you will accept the revised Terms. The “Last Updated” legend at the end of these Terms indicates the date on which the Terms were last updated.
User Consents.
Electronic Communications. You understand and acknowledge that in order to provide the Services, we may need to send some information and communications to you from time to time. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”). We may contact you and provide these Communications to you by posting them via the Services, using pop-up web notifications, or via SMS text messages, phone calls, emails, or other similar means. You may incur data, call-time or SMS charges from your service providers in connection with communications received from us. You further consent and agree that your use your finger, a key pad, mouse or other device to select an item, button, icon or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.
Your Information. You understand that in order to provide the Services, we may need to collect and store certain information related to you, including your name, address, email address, description of symptoms, physician information and any other information provided by you in the course of your use of the Services. You hereby consent to us collecting, storing, sharing with certain third parties, and using this information solely in connection with the Services.
Your Acknowledgments, Representations, and Additional Covenants.
Acknowledgments. You understand and acknowledge the following:
We are not a healthcare provider and do not engage in the practice of medicine. We simply provide a digital platform to facilitate communication and coordination between individuals who are dealing with kidney stones and disseminate certain information that is intended to assist Users in managing their kidney stone-related pain and other related health and lifestyle outcomes, find healthcare providers, and engage in other activities to enhance Users’ self-management of their kidney stone-related care. The Services are not meant to be a substitute or replacement for any physician consultations, in-person healthcare visits, counselling, or wellbeing visits;
You may incur certain charges from your internet, data or mobile network provider in connection with your use of the Services;
Any fees charged by us in connection with the Services may not be reimbursable by Medicare, Medicaid, Tricare, other government health care program, commercial insurers, managed care organizations, preferred provider organizations, or other payors; and
If you are accessing the Services on behalf of another individual, your acceptance of these terms will bind such other individual to these Terms.
Representations. As a condition to using the Services, you hereby represent and warrant the following:
You have the legal power and authority to agree to these Terms, you are at or above the age of majority in your jurisdiction of residence, and have neither falsely identified yourself nor provided any false information to gain access to the Services. If you are accessing the Services on behalf of another individual, you are their parent, guardian or otherwise have authority to bind them to these Terms;
No Feedback violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligations, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material;
All Feedback is submitted voluntarily and is not confidential or proprietary; and
You have all rights necessary to grant the rights to Feedback in Section 6.2 and use of Feedback as permitted under these Terms does not violate any law.
Additional Covenants. You agree not to engage in any of the following activities:
Use any of the Websites, Services, or Content in any way or for any purpose that is not permitted by these Terms;
Use any of the Websites, Services, or Content to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance or inconvenience to us, another user of the Websites, Services, or Content, or any third party;
Use or attempt to use another’s account;
Attempt to gain unauthorized access to any of the Services or Content, or the computer systems or networks connected to them, through any means;
Use any automated programs; data mining tools, web-crawlers or other data gathering or extraction tools in connection with your use of the Websites, Services, or Content;
Use the Websites, Services, or Content in a way that could cause damage or adversely affect the Websites, Services, or Content, including by means of introducing a virus, use of data sniffing tools, denial of service acts, breaching any security protocols or spamming the Websites;
Sell, resell, rent or otherwise commercially use any of the Services or Content;
Use any of the Websites, Services, or Content for any illegal purpose or in violation of any local, state, national, or international laws;
Violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;
Use any of the Websites, Services, or Content for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of targeted or blanket solicitation;
Post or transmit Feedback that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
Intimidate or harass another through the Services; or
Post or transmit any personally identifiable information about persons under 13 years of age on or through the Websites or Services.
UroGPT™ Chatbot Terms.
If you use the UroGPT™ artificial intelligence (“AI”) – enabled chatbot ( the “Chatbot”) you understand that we make the Chatbot available to you pursuant to these Terms and our Privacy Policy, and that there is no legal entitlement to use the Chatbot. If you do not agree to these terms, you must immediately cease use of the Chatbot. The Chatbot is an educational AI system intended to answer questions about kidney stones using validated, medically-reviewed resources created or curated by us. The Chatbot can respond to certain questions that you ask about WPE or kidney stones. You can end the chat at any time by closing the open window containing the Chatbot. After you end the chat session, inputs and generated outputs will be maintained in accordance with our Privacy Policy.
The Chatbot is powered by third party technology that we use to provide you with automated answers to commonly asked questions about kidney stones. The Chatbot does not provide medical advice or professional healthcare services, and the information provided through the Chatbot is for educational and informational purposes only. The Chatbot has limited capacity and its responses may be potentially irrelevant to your query; you should always consult a healthcare professional as required. The Chatbot is not designed or intended to provide medical, medication, or diagnostic advice. You should not rely on the information provided by the Chatbot as a substitute for professional advice. If you have an emergency medical condition, you should call 9-1-1 or seek immediate in person medical treatment from a qualified medical professional.
The responses provided by the Chatbot should not be considered official statements or responses from us in response to your specific situation or inputs. The Chatbot does not have access to [your WPE account or information about your health], and is unable to accurately answer questions about those topics. It is your responsibility to determine if the Chatbot’s responses apply to you. While we strive to provide accurate information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided by the Chatbot. We are not responsible for any damage or losses that you may suffer as a result of the Chatbot being unable to provide you with the information you seek or if the information provided is unhelpful.
You agree to not use or input information into the Chatbot for any of the following prohibited purposes:
You agree to use the Chatbot for its intended purposes only [as indicated in the Chatbot or in this Agreement] and may not use the Chatbot in a manner that may disrupt proper functioning or the security of the Chatbot or the Website, such as prompt injection attacks. If you violate these Terms, we may end Chatbot sessions at any time without prior notice and we may delete or restrict your access to the Chatbot.
AI Chatbot Privacy
Please refer to our Privacy Policy for information regarding how your personal information may be collected, used, and disclosed in connection with your use of the Chatbot. You understand that use of the Chatbot may be monitored or recorded by us or our service providers, for quality, safety, and training purposes. You agree that the Chatbot is not intended to, and is not designed for, storing, transmitting, or accessing personal information. You may not input personal information into the Chatbot. You acknowledge that any information input into the Chatbot may be retained by our AI service provider(s) subject to their privacy policies and procedures.
Intellectual Property.
Intellectual Property. We own and shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, and other intellectual property rights, in and to the technology, Content or materials used for the Services or that abides in any of the Services or the Websites. You will not copy, reproduce, disclose, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent. We do not grant you the right to use any tradenames, trademarks, branding or logos used in any of the Websites or Services. All rights not expressly granted in these Terms are reserved exclusively by us. Additionally, you may not do any of the following under these Terms.
reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions, or graphics of the Services, or (c) copy any ideas, features, functions, or graphics of the Services;
damage or impair any hardware or software used in connection with the Services, including through the use of a virus, trojan application or malicious computer code that may interfere with or disrupt the integrity or performance of the Services; or
otherwise use the Services in a way that could cause damage or adversely affect any other users, us, or a third-party.
License to Feedback. We may use your Feedback in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. You hereby grant to us a perpetual, irrevocable, worldwide, fully paid, royalty free, sublicensable and transferable license and right to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform, display, and create derivative works of any Feedback or the like received from you for use on the Website, except as otherwise prohibited by applicable law or these Terms. You hereby agree and acknowledge that we and our licensees may publicly display advertisements, paid content, and other information nearby or in association with any Feedback displayed on any Website or any of the Services. You are not entitled to any compensation for such advertisements or otherwise for Feedback. The manner, mode and extent of such advertising are subject to change without specific notice to you. Further, any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of your Feedback or otherwise arising in connection with our performance of the Services shall be our sole and exclusive property, together with all intellectual property and other rights therein.
User Accounts. We may require you to create an account and be logged-in to such accounts to be able to use certain Services on the Websites. You are solely responsible for maintaining the confidentiality of the username and password for each account that is created by you. We may utilize additional security measures from time to time to prevent unauthorized access to your account, including the use of multi-factor authentication methods. You may not use anyone else’s username or password or permit others to use yours to log into an account on the Websites. You must notify us immediately of any suspected unauthorized use of your account or any inaccuracy in your registration information. If you provide any information that is untrue, inaccurate, not current, or incomplete while creating an account, do not update your information once it becomes out-of-date, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account. We reserve the right to accept or reject any person’s account registration on the Websites at our sole discretion. It is a condition of your use of the Services that all the information you provide on or in connection with the Services is correct, current, and complete.
Subscription Term; Fees.
Subscription Fees. We may charge you a fixed fee (“Subscription Fee”) for your use of the Services. We may revise the Subscription Fee, if: (i) you exceed any applicable usage limits that we have communicated to you, (ii) you subscribe to additional features or products, or (iii) as determined by us in our sole discretion and following notice to you. Any Subscription Fee paid to us is non-refundable.
Payment Processors. If you are paying the Subscription Fees by credit card, you authorize us to charge your credit card or bank account for the Subscription Fee. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third-party payment processors. Your use of the Services will also be subject to the terms, conditions, and privacy policies of such third-party payment processors. Your access to or ability to use the Services may be suspended or you may incur additional charges from the payment processor if your billing contact information is incorrect or not updated in our records. We are not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, or (ii) any errors or omissions by the payment processor or by your credit card issuer.
Taxes. All Subscription Fees are exclusive of taxes, including VAT (if you are located in the United Kingdom), GST or any other taxes imposed on your purchase of the Services, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Services or to your payment of the Subscription Fees; provided, however, that you shall have no liability for any taxes based upon our gross revenues or net income.
Term and Termination. These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button when the Terms are presented to you on the Website, or through another acceptable means as set forth in these Terms. These Terms will be applicable to you for the duration of your use of the Services. We may, at our sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Services, or any portion of the Services; (2) discontinue the Websites, the Services, or any portion thereof; or (3) add, remove or modify any services or functionality that is available through the Websites. If we discontinue the Websites or any Service or stop offering the Service in the jurisdiction where you are located, prior to the end of the period for which you have paid us any Subscription Fees, we will give you a pro-rata refund of any unused Subscription Fees. Upon termination, your user account will be deactivated and any stored information, entered or accepted by you into the account may be deleted or archived such that such information is no longer available to you. Furthermore, upon deactivation of your account, you will no longer have access to the Services. You can stop your use of the Websites or the Services at any time, but any Subscription Fee paid to us is non-refundable in these circumstances.
Our Warranties and Disclaimers; Limitation of Liability.
Warranties and Disclaimers. We will conduct the Services and maintain the Services using a commercially reasonable level of skill and care, will use commercially reasonable efforts to correct any non-compliant Services or Content and will use commercially reasonable efforts to maintain the security and privacy of your information. HOWEVER, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, WE EXPRESSLY DISCLAIM ALL WARRANTIES (INCLUDING IMPLIED WARRANTIES) IN RELATION TO THE SERVICES AND THE WEBSITES, INCLUDING TITLE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, we specifically make the following disclaimers:
THE SERVICES ARE PROVIDED FOR EDUCATIONAL AND PROMOTIONAL PURPOSES ONLY. WPE IS NOT ITSELF A PROVIDER OF HEALTH CARE OR TELEHEALTH SERVICES, AND THE SERVICES ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE COUNSELING, THERAPY, OR HEALTH, MEDICAL, OR LEGAL ADVICE. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT PROVIDE ANY MEDICAL ADVICE, RECOMMENDATIONS OR DIAGNOSES. WE RECOMMEND THAT YOU SEEK ALL NECESSARY MEDICAL ADVICE, RECOMMENDATIONS AND DIAGNOSES FROM YOUR HEALTH CARE PROVIDER. WE DO NOT PROVIDE OR REPRESENT THAT WE PROVIDE ANY MEDICAL SERVICE, AND WE ARE NOT A PARTY TO ANY CONTRACT FOR THE PROVISION OR RECEIPT OF ANY MEDICAL ITEM OR SERVICE. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIMS AGAINST US CONCERNING ANY DIAGNOSIS OR TREATMENT STEPS TAKEN BY YOU BASED ON THE WEBSITES, THE CONTENT OR THE SERVICES. WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY HEALTH CARE PROVIDER IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF CARE OF ANY HEALTH CARE PROVIDER, OR THE SUITABILITY OR APPROPRIATENESS OF THE HEALTH CARE PRODUCTS AND SERVICES THEY PROVIDE.
ALL SERVICES ARE DELIVERED TO YOU “AS-IS” AND “AS-AVAILABLE”. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY THAT THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATION OR THAT IT WILL BE ERROR FREE. ALL TECHNOLOGY AND TOOLS PROVIDED TO YOU AS PART OF THE SERVICES ARE PROVIDED TO YOU “AS-IS” AND ARE FOR YOUR VOLUNTARY USE. THESE TOOLS AND TECHNOLOGY ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL OPINION OF A TRAINED HEALTHCARE PROVIDER.
THE SERVICES MAY CONTAIN HYPERLINKS OR REFERENCES TO CERTAIN OTHER WEBSITES (“LINKED SITES”). WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT ON LINKED SITES, INCLUDING ANY PRODUCTS AND SERVICES PROVIDED THEREIN;
CONTENT MADE AVAILABLE TO YOU RELATED TO THE SERVICES AND THAT YOU USE OR ACCESS USING THE SERVICES, IS PROVIDED TO YOU “AS-IS”, ON AN INFORMATIONAL BASIS, FOR YOUR VOLUNTARY USE. WE DO NOT WARRANT THAT THE CONTENT MADE AVAILABLE TO YOU IS ACCURATE, CORRECT, UP-TO-DATE OR ERROR-FREE. THIS CONTENT IS NOT INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A PROFESSIONAL HEALTH-CARE PROVIDER. ANY INFORMATION INCLUDED IN THE CONTENT REGARDING ANY PRACTICES, NUTRITIONAL SUPPLEMENTS OR OVER THE COUNTER MEDICATION IS INFORMATIONAL ONLY AND YOU SHOULD CONSULT WITH YOUR HEALTH-CARE PROVIDER PRIOR TO USE OF ANY SUCH PRACTICES, SUPPLEMENTS OR MEDICATIONS; AND
WE MAKE NO WARRANTY RELATED TO THE CONFIDENTIALITY AND SECURITY OF ANY DATA PROVIDED BY YOU TO US, INCLUDING DATA PROVIDED THROUGH THE SERVICES, AND DO NOT WARRANT THAT THE SERVICES ARE OR WILL REMAIN FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability. To the fullest extent permitted by applicable law: (i) in no event shall WPE, its affiliates, officers, directors, employees, agents, contractors, or licensors be liable for any indirect, consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or other legal theory and even if we have been advised of the possibility of such damages; and (ii) our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (x) the Subscription Fees paid by you in the 12 months prior to your claim, and (y) USD $50.00.
Indemnification. To the extent not prohibited by law, you hereby agree to indemnify, defend, and hold harmless WPE, and its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Websites or the Services; (2) any claims for bodily injury, or property damages to a third-party that results from your use of the Services, (3) claims related to unauthorized disclosure of your or a third-party’s data that arises from your use of the Services; (4) any claims related to your Feedback, including claims related to the accuracy, legality and quality of your Feedback or claims arising from your failure to obtain the required consents, permissions, licenses, rights and authorizations necessary for us to use, host, transmit, store or use your Feedback; (5) any claims related to your violation of these Terms or any policy set forth in these Terms; and (6) your violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law; Mandatory Arbitration.
Governing Law. Any disputes arising in connection with Services, these Terms or any other agreement between you and WPE, shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the state of Delaware, without regard to such jurisdiction’s conflicts of law principles.
Mandatory Arbitration. You and WPE both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at San Francisco, California, USA. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
Waiver of Right to Jury Trial and Class Action. EACH OF WPE AND YOU EXPRESSLY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
Miscellaneous.
Assignment. You may not assign these Terms, in whole or in part, without our prior written consent. We may assign these Terms, in whole or in part, or delegate any of our rights and obligations, without your consent and with or without notice to you. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
No Waiver. Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
Integration. These Terms constitute the entire agreement between you and us relating to this subject matter and supersede any and all prior communications and/or agreements between you and us relating to access and use of the Websites and Services.
Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Services (including, without limitation, Sections 2.2, 4, 5, 8, 9, 10, 11 and 12) survive termination of these Terms.
Relationship. We provide the Websites and the Services to you as an independent contractor and service provider. These Terms and the provision of any of the Websites and Services do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise. You may not enter into any contract on our behalf or bind us in any way.
No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
Delay. Even if we delay in enforcing any term of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the terms of these Terms, or if we delay in taking steps against you in respect of your breaching of the terms of the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Notice. You may provide notice to us by emailing us at info@worstpainever.com . Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.
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EFFECTIVE 11/26/2022 AND LAST REVISED 02/28/2024
We will get back to you as soon as possible!