1. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Tea Leaves Health is not responsible for the security of any information transmitted to or from the Site. Tea Leaves Health reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
2. License Grant.
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
3. Prohibited Activities.
The Site is not intended for children under the age of 13 and children under 13 should not use the Site. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Tea Leaves Health, its licensors or our content providers. In connection with your use of the Site, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site; 2. Access the Site by any means other than through the standard industry-accepted or Tea Leaves Health-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Site for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Site by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Tea Leaves Health product or service if you are not expressly authorized by such party to do so; 8. Use the Site in any manner that could damage, disable, overburden or impair Tea Leaves Health's servers or networks, or interfere with any other user's use and enjoyment of the Site; 9. Gain or attempt to gain unauthorized access to any of the Site, accounts, computer systems or networks connected to Tea Leaves Health through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or harvest or otherwise collect information about other users without their consent; 11. Use the Site in any manner that could damage, disparage, or otherwise negatively impact Tea Leaves Health. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY TEA LEAVES HEALTH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties are those of the respective authors or distributors and not Tea Leaves Health. Neither Tea Leaves Health, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Tea Leaves Health nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the Site by anyone other than an authorized Tea Leaves Health or licensor representative while acting in his/her official capacity. You access the Site at your own risk. We take no responsibility for your exposure to third party content on the Site. Tea Leaves Health and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources.
5. Linking to the Site.
We reserve the right to disallow you to link to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
6. Disclaimer Regarding Linked Third Party Sites.
We reserve the right to change, modify, add or remove portions of this TOU at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site after this TOU has been amended shall be deemed to be your continued acceptance of the terms and conditions of the TOU, as amended. We encourage you to bookmark this Web page and review this TOU regularly.
7. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site are solely between you and such third party. You agree that Tea Leaves Health shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
9. Disclaimer of Warranties.
THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEA LEAVES HEALTH, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
10. Limitation of Liability.
NEITHER TEA LEAVES HEALTH NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE; OR (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF TEA LEAVES HEALTH OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE. 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 above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Tea Leaves Health and its licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from your breach of this TOU.
12. Jurisdictional Issues.
Tea Leaves Health makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Tea Leaves Health reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that Tea Leaves Health, in its sole discretion, may terminate your use of the Site at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
14. Governing Law.
These TOU and the relationship between you and Tea Leaves Health shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Tea Leaves Health irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
15. Waiver and Severability.
The failure of Tea Leaves Health to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
16. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Tea Leaves Health or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.
We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site. Your continued access or use of any of the Site following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site as so modified.