ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR ANY OF THE H&H PARTIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Hims & Hers Health, Inc. and/or its subsidiaries (collectively, “Hims & Hers,” “we,” or “us”) owns and operates the website located at telehealthequitycoalition.org (the “Website”). Your access and use of the Website, and any part thereof, including its content (“Content”), are governed by these Terms and Conditions (“Terms and Conditions”). In these Terms and Conditions, the terms “you” and “your” refer to the person using the Website.
The Website is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Website or entering into these Terms and Conditions, even if a parent or legal guardian would be willing to provide consent to use of the Website or these Terms and Conditions.
Acceptance of Terms and Conditions
Your access to and use of the Website is subject to these Terms and Conditions, as well as all applicable laws and regulations. If you do not accept and agree to be bound by these Terms and Conditions in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Website or any information or Content provided on or through the Website, except as necessary to review these Terms and Conditions. The Website is continually under development, and we reserve the right to revise or remove any part of these Terms and Conditions in our sole discretion at any time and without prior notice to you. Any changes to these Terms and Conditions are effective upon posting to the Website. Unless otherwise indicated, any new Content added to the Website is also subject to these Terms and Conditions upon posting to the Website. If you disagree with this or any other terms or conditions herein, your sole remedy is to discontinue your use of the Website. Your continued use after a change to these Terms and Conditions has been posted constitutes your acceptance of these Terms and Conditions as modified by such changes.
Limitations of Use and Representations
The Website is directed only to residents of the United States who are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms and Conditions. By visiting, accessing, or using, the Website and/or the Content contained therein, you are (a) representing and warranting to us that you are at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, (b) agreeing to comply with all applicable laws in visiting, accessing, or using the Website and/or the Content contained therein, and (c) agreeing that you will only use the Website for lawful purposes.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Website. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Website. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Website. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Website at any time without prior notice.
You must exercise caution, good sense, and sound judgment in using the Website. You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and/or civil penalties against you. Hims & Hers may investigate any alleged or suspected violations and if a criminal violation is suspected, Hims & Hers may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Website
The Website and the information and Content available through the Website are protected by copyright laws throughout the world. Subject to these Terms and Conditions, Hims & Hers grants you a limited, non-transferable, revocable license to access and use the Website for your personal use. Unless otherwise specified by Hims & Hers in a separate license, your right to use any of the Website or the Content is subject to these Terms and Conditions and all rights in and to the Website and Content are reserved by Hims & Hers. You agree that Hims & Hers and its suppliers own all rights, title and interest in the Website (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website. Hims & Hers’ and Telehealth Equity Coalition (TEC)’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of Hims & Hers and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.
License to Information Submitted via the Website
Any information you transmit to Hims & Hers or the Telehealth Equity Coalition via the Website, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. You grant Hims & Hers a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Website to you and to other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Hims & Hers, are responsible for all of Submissions that you provide to the Website. In addition to the foregoing, Hims & Hers shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Hims & Hers deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
You are prohibited from using or attempting to use the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) in any manner that could interfere with any other party’s use and enjoyment of the Website, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Hims & Hers to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Hims & Hers, (vii) to reverse engineer, disassemble or decompile any section or technology on the Website, or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Website, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Hims & Hers or Telehealth Equity Coalition representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Website’s communication features, if any, in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Website, or copy, download, distribute or reproduce any content or information on the Website; or (p) assist or permit any person in engaging in any of these activities.
Hims & Hers reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of any user's access. Hims & Hers may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
Hims & Hers reserves the right to monitor general use of the Website at any time as it deems appropriate and to remove any materials that, in Hims & Hers’ sole discretion, may be illegal, may subject Hims & Hers to liability, may violate these Terms and Conditions, or are, in the sole discretion of Hims & Hers, inconsistent with Hims & Hers’ purpose for the Website.
Hims & Hers may provide access to content through the Website, including links to third-party websites, created, developed, maintained, distributed, owned and/or operated by third parties other than Hims & Hers (collectively, “Third Parties”, and such content “Third-Party Content”). Your use of any Third-Party Content and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or use of any Third-Party Content. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Website and disclosing personal information.
You agree that neither Hims & Hers nor the Telehealth Equity Coalition shall be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Website, including any Third-Party Content or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that neither Hims & Hers nor the Telehealth Equity Coalition is under any obligation to become involved in such dispute, and you hereby release and indemnify Hims & Hers, the Telehealth Equity Coalition, and their corporate parents, subsidiaries, affiliates and all of their respective contractors, directors, officers, employees, members, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “H&H Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Website or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Hims & Hers may terminate your use of the Website or any of its features or services at any time and for any reason without notice, including, for example, for conduct violating these Terms and Conditions or if we discontinue the Website. The provisions of these Terms and Conditions concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of these Terms and Conditions or your relationship with Hims & Hers or the Telehealth Equity Coalition. You agree that if your use of the Website is terminated pursuant to these Terms and Conditions, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all H&H Parties harmless from any and all liability that any such H&H Parties may incur with respect thereto.
Content and other information contained on the Website is provided by Hims & Hers as a convenience. Users relying on Content or other information from the Website do so at their own risk.
THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. HIMS & HERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE WEBSITE. HIMS & HERS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEBSITE. HIMS & HERS DOES NOT WARRANT THAT THE WEBSITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIMS & HERS OR THE TELEHEALTH EQUITY COALITION BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIMS & HERS OR THE TELEHEALTH EQUITY COALITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE H&H PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold the H&H Parties harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Website, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a Third Party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from Hims & Hers or the Telehealth Equity Coalition regarding the Website or these Terms and Conditions may be made by email, a posted notice on the Website, or regular mail, in our sole discretion.
When you access or use the Website or send emails to us regarding the Telehealth Equity Coalition, you are communicating with us electronically. You consent to receive communications from us and the Telehealth Equity Coalition electronically. We will communicate with you via email or through the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
It is Hims & Hers’ policy to terminate use of the Website by any user who repeatedly infringes copyright upon prompt notification to Hims & Hers by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Hims & Hers’ Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com.
These Terms and Conditions and any other agreements Hims & Hers may post on the Website or that you and Hims & Hers may execute from to time constitute the entire agreement between Hims & Hers and you in connection with your use of the Website and supersede any prior agreements between Hims & Hers and you regarding use of the Website, including prior versions of these Terms and Conditions.
Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE H&H PARTIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE TELEHEALTH EQUITY COALITION, THE WEBSITE, OR THE CONTENT, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case the applicable H&H Party will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. The applicable H&H Party also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. Notwithstanding the foregoing sentence, the H&H Parties will not seek to recover attorney’ fees or costs incurred in arbitration from you if you are a consumer.
The arbitration shall be conducted in San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and the applicable H&H Party agree that a party may seek emergency injunctive relief (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in San Francisco, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of these Terms and Conditions that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms and Conditions that requires arbitration of disputes with the H&H Parties. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Hims & Hers to: Hims & Hers Health, Inc., 2269 Chestnut Street, #523, San Francisco, CA 94123, ATTN: Arbitration Opt-Out. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, and residence address, a detailed description of the Dispute, and the relief you seek.
Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Hims & Hers Health, Inc., 2269 Chestnut Street, #523, San Francisco, CA 94123, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms and Conditions, if we make any future material modification to any provisions of these Terms and Conditions that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Hims & Hers Health, Inc., 2269 Chestnut Street, #523, San Francisco, CA 94123, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
This Website is controlled and operated by Hims & Hers from our offices within California. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited. The validity, interpretation, construction and performance of these Terms and Conditions will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to any conflicts of law provisions. All parts of these Terms and Conditions apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms and Conditions will not constitute a waiver of such right. We both agree that if we cannot enforce a part of these Terms and Conditions as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in these Terms and Conditions, the invalidity of part of these Terms and Conditions will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither these Terms and Conditions, nor any Content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and Hims & Hers or the Telehealth Equity Coalition. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under these Terms and Conditions, and any such attempt will be null and void. Hims & Hers may, in its sole discretion, assign or transfer, without further consent or notification, these Terms and Conditions, or any or all of the contractual rights and obligations pursuant to these Terms and Conditions, in whole or in part, to any affiliate of Hims & Hers or to a third party in the event that some or all of the business of Hims & Hers is transferred to such third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Except for the foregoing or as otherwise specifically set forth in these Terms and Conditions, including with respect to the indemnification obligations contained herein in favor of the H&H Parties and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms and Conditions, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms and Conditions.