DrDarria.com, Trueve.com, and TrueveLab.com
Consumer Terms and Conditions
I. Introduction
Welcome to DrDarria.com, Trueve.com, and TrueveLab.com. Please read these Terms and Conditions carefully before using this website and associated mobile application (each and collectively, referred to as the “website”). As used in these Terms and Conditions, “DrDarria.com, Trueve.com, and TrueveLab.com” includes Health Technologies and Communications, LLC and its affiliates, parents, subsidiaries, successors and assigns. DrDarria.com, Trueve.com, and TrueveLab.com may be referred to in these Terms and Conditions as “we,” “us,” “our” and the like. Users are also referred to herein as “you” and the like. These Terms and Conditions include our Privacy Policy, which is incorporated by reference into these Terms and Conditions. We have included several annotations in boxes to help explain or emphasize certain key provisions, which boxed content also constitutes binding terms and provisions of these Terms and Conditions. This Introduction is also deemed incorporated into these Terms and Conditions.
This is an agreement between our users and us (i.e., a legally binding contract). It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the website means you accept any changes.
DRDARRIA.COM, TRUEVE.COM, AND TRUEVELAB.COM DOES NOT PROVIDE MEDICAL OR CLINICAL DIAGNOSIS, CARE, TREATMENT OR ADVICE. The website does not give medical or clinical advice, or provide any diagnosis, care or treatment.
Contact 911 in case of any health emergency.
Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. The website is not intended for emergency situations.
Binding Agreement. By installing, visiting, registering for, accessing, and/or otherwise using our website you accept, without limitation or qualification, the following Terms and Conditions together with our Privacy Policy, which together constitute an agreement between you and DrDarria.com, Trueve.com, and TrueveLab.com. If you do not agree to these Terms and Conditions, you must not access or use the website. You further agree to indemnify, defend and hold DrDarria.com, Trueve.com, and TrueveLab.com and each of its managers, members, officers, directors, shareholders, employees and agents harmless from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms and Conditions. You accept these Terms and Conditions each time you install and access the website. You should not use the website if you are under 18 years of age.
Revisions to Terms and Conditions. We reserve the right, at our sole discretion, to change the terms and conditions of these Terms and Conditions from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We may revise these Terms and Conditions at any time by posting an updated version or posting notices in or otherwise sending messages to your website account. You should visit this page periodically to review the most current Terms and Conditions, because you are bound by them. Your continued use of the website after a change to these Terms and Conditions constitutes your binding acceptance of the updated Terms and Conditions.
II. Educational Purposes Only
Information on the website is for Educational and Informational Purposes Only. The website may provide educational information – not medical, clinical, legal, financial or other advice, diagnoses, or treatment. You acknowledge that all of the information and content on the website is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the website.
We do not recommend or endorse the credentials, quality or qualifications of any third party supplies, products or services. We provide no guaranty or assurance as to their quality, background or experience. DrDarria.com, Trueve.com, and TrueveLab.com is not responsible or liable for any referral or recommendation of a third party service, product or supply.
You agree that we may provide information about you to third parties when you request, complete information or respond to any inquiry (including through posting mechanisms, including forms, we provide) relating to such third party.
The terms “post” and “posting” as used in these Terms and Conditions shall mean the act of submitting, uploading, completing forms on, publishing, displaying, or similar action on the website.
III. Purchases and Subscriptions
Users may be required to pay fees as then-required by the website.
Fees. The website may provide mechanisms for direct payment to us or third parties. You authorize DrDarria.com, Trueve.com, and TrueveLab.com to initiate payment with our payment processors.
Proof of Identity. In certain instances, we may require you to provide proof of identity to access or use the website, and you may be denied access to or use of the website if you refuse to provide proof of identity.
Fees may be subject to cancellation and refund policies if expressly stated. Except as expressly stated, they are non-refundable.
You may contact us at info@DrDarria.com, with respect to any dispute of our own charges.
We may use third-party payment processors. You agree to pay any fees associated with such payment processing.
We do not guarantee any particular form or manner of payment will be available to make a payment.
Third-Party Payment Processors. DrDarria.com, Trueve.com, and TrueveLab.com may use third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit card or other payment methods. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain of such fees at our sole discretion. Otherwise, they will be passed on to the user. DrDarria.com, Trueve.com, and TrueveLab.com disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant/credit card processing services.
Availability of Certain Forms of Payment. DrDarria.com, Trueve.com, and TrueveLab.com makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the website.
You are responsible for any taxes or fees. All transactions are in U.S. dollars.
Taxes and Fees. You are responsible for paying the appropriate government taxes, fees, and charges resulting from a transaction occurring via the website. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges.
Third Party Fees. All third party fees (such as data usage fees charged by your internet or mobile provider) and compliance with any applicable third party terms (such as your internet website provider’s terms of services) are your sole responsibility.
U.S. Dollars. All transactions through the website are in U.S. dollars.
IV. Minors
No part of the website is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The website AT ANY TIME OR IN ANY MANNER.
V. Your Account
You are responsible for your log-in credentials and for keeping your information accurate and private.
You are responsible for any activity resulting from the use of your log-in credentials on the website.
You represent and warrant that the information you provide to DrDarria.com, Trueve.com, and TrueveLab.com upon registering with and usage of the website and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the website, you may have to create log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the website and to preserve the confidentiality of your username and password, and safeguard any device that you use to access the website. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF YOUR LOG-IN CREDENTIALS OR ACCOUNT.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify DrDarria.com, Trueve.com, and TrueveLab.com by e-mail at info@DrDarria.com. You will be solely responsible for the losses incurred by DrDarria.com, Trueve.com, and TrueveLab.com and others due to any unauthorized use or access of your account.
VI. Communications
DrDarria.com, Trueve.com, and TrueveLab.com may communicate with you by email, telephone (texting or calls), push notifications, or posting notices on the website.
You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us and using the website on your computer and as installed on your mobile device for website-related purposes (e.g., without limitation, notifying you about services, information on new products or features). If you call us by telephone, we may record the telephone call for quality and training purposes.
Text Messages. By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification and other administrative purposes. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the website or sending an email or text to you. You may have a legal right to receive this notice in writing. To withdraw your consent from receiving electronic notice, please write to us at info@DrDarria.com.
VII. DrDarria.com, Trueve.com, and TrueveLab.com’s Content Ownership and Use
DrDarria.com, Trueve.com, and TrueveLab.com owns or has rights to all of the content and software we make available through the website, but you may use it as you use the website. You may not use our website link, logo, taglines or name without our written permission.
The contents of the website include: designs, text, graphics, images, video, information, logos, button icons, software, programming, source/computer code, templates, layouts, forms, reports, audio files, and other DrDarria.com, Trueve.com, and TrueveLab.com content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “DrDarria.com, Trueve.com, and TrueveLab.com Content”). All DrDarria.com, Trueve.com, and TrueveLab.com Content and the compilation (meaning the collection, arrangement, layout and assembly) of all DrDarria.com, Trueve.com, and TrueveLab.com Content are the property of DrDarria.com, Trueve.com, and TrueveLab.com or its licensors and are protected under copyright, trademark and other laws.
License to You. The website is licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms and Conditions, we authorize you, subject to these Terms and Conditions, to access and use the website and the DrDarria.com, Trueve.com, and TrueveLab.com Content solely for your limited, personal use only, at our discretion. Any other use is expressly prohibited. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of the DrDarria.com, Trueve.com, and TrueveLab.com Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, and other proprietary notices contained in the original DrDarria.com, Trueve.com, and TrueveLab.com Content on any copy/printout you make of the DrDarria.com, Trueve.com, and TrueveLab.com Content. DrDarria.com, Trueve.com, and TrueveLab.com retains all right, title and interest in and to all DrDarria.com, Trueve.com, and TrueveLab.com Content.
DrDarria.com, Trueve.com, and TrueveLab.com Marks. “DrDarria.com, Trueve.com, and TrueveLab.com”, the DrDarria.com, Trueve.com, and TrueveLab.com logos, and other DrDarria.com, Trueve.com, and TrueveLab.com product and website names and tag lines are or may be trademarks of DrDarria.com, Trueve.com, and TrueveLab.com (the “DrDarria.com, Trueve.com, and TrueveLab.com Marks”). Without our prior written permission, and except as solely enabled by any link or code as provided by us, you agree not to display, publish or use the DrDarria.com, Trueve.com, and TrueveLab.com Marks in any manner.
VIII. Copyright Policy; Notice of Possible Infringement
Tell us if you think a user has violated your or another’s copyright using the website, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the website infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must identify the potentially infringing material with particularity, including a screenshot, video or link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material.
We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights, and may remove any content without notice. A “repeat infringer” is a user who, on more than two occasions, has been determined by us or by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the website.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the website should be sent to Attn: Sandra Brown, Greenspoon Marder,Promenade II, 1230 Peachtree Street NE, Suite 1900, Atlanta GA 30309 or Sandra.brown@gmlaw.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. [Health Technologies and Communications]
IX. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you, and you will have no rights to any improvements, changes, derivations or developments we create.
We appreciate hearing from our users and welcome your comments regarding the website. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered and invention rights arising or derived from the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation or other consideration to you or participation by you or any other person or entity.
We may own and exploit same in any manner, and you waive all rights therein.
X. Disclaimers, Limitations, and Prohibitions
When using the website, you agree you will not cause nuisance, annoyance, inconvenience, or offense to anyone.
You are responsible for your actions when using and relying on the website or content, and any services, product or supply available on and through the website.
Do not engage in activities using the website that are harmful, tortious or illegal.
You agree to use the website only for its intended purpose and in an authorized manner. You must use the website in compliance with all privacy, data protection, intellectual property, and other applicable laws and regulations. Without limitation, the following uses of the website are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, decompile, disable, steal from, or gain unauthorized access to the website, user accounts, or the technology and equipment supporting the website;
- frame or link to the website without permission;
- use data mining, robots, or other data gathering devices on or through the website;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or entity without his/her/its consent;
- harass or abuse others, or post objectionable material;
- sell, transfer, sublicense, or assign any of your rights to use the website to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms and Conditions;
- use or access the website if you are (or are employed or engaged by) a competitor of DrDarria.com, Trueve.com, and TrueveLab.com, except with our prior written consent, which we may withhold in our sole discretion and without explanation;
- use or access the website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- use the website in an illegal way or to commit an illegal act in relation to the website or that otherwise results in fines, penalties, and other liability to DrDarria.com, Trueve.com, and TrueveLab.com or others; or
- access the website from a jurisdiction where it is illegal or unauthorized.
XI. Consequences of Violating these Terms and Conditions
If you do not act acceptably, we may prohibit your use of the website. We can also report you to law enforcement.
Without limiting any other remedies available to us at law and in equity which are cumulative and not alternative, we reserve the right to suspend or terminate your account and prevent access to the website for any or no reason, at our discretion. We reserve the right to refuse to provide the website to you in the future. All indemnification obligations in these Terms and Conditions survive termination of your account.
XII. DrDarria.com, Trueve.com, and TrueveLab.com Not Liable
We are not liable for the actions of users when they use the website or for services booked with third party via the website. We may also change the website at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view or receive using the website. You assume all risk associated with the website, including relating to services rendered by and products or supplies provided by third parties. We make no promises and disclaim all warranty of specific results from the use of the website and such third party services, products or supplies.
DrDarria.com, Trueve.com, and TrueveLab.com will not be handling any disputes between the user and any third party, whether regarding payment, the provision of the service, product, supply or otherwise. You and the third party servicing you via the website are solely responsible for ensuring/seeking/settling as between yourselves any issues and disputes. We do, however, ask that you inform us of any issues at info@DrDarria.com, or through mechanisms available on the website.
Changes to the website. We may change, suspend, or discontinue any aspect of the website at any time, including hours of operation or availability of the website or any feature, without notice or liability.
User Disputes with Third Parties. We are not responsible for any disputes or disagreements between you and any third party you interact with using or via the website. DrDarria.com, Trueve.com, and TrueveLab.com will not be required to handle any disputes among such third parties and users. You assume all risk associated with dealing with such third parties. You agree to resolve disputes directly with them. YOU WAIVE AND RELEASE DRDARRIA.COM, TRUEVE.COM, AND TRUEVELAB.COM FROM ALL CLAIMS, DEMANDS, AND DAMAGES RELATING TO DISPUTES AMONG USERS OF THE WEBSITE WITH SUCH THIRD PARTIES. Any fees for our own technological facilitation, software and other services are subject to a refund only in accordance with any expressly stated cancellation and refund policy. Use caution and common sense when using the website.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content of the website. Further, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party or the quality or nature of third party products, supplies or services obtained through the website. We further make no representations or warranties about maintaining the integrity of data, content and information you post via the website. Use the website at your own and sole risk.
Third-Party Websites and Applications. The website may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, services or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The website may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
A. Disclaimer of Warranties
You use the website at your own and sole risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE website AND ANY SERVICES, SUPPLIES OR PRODUCTS OR OTHER ITEMS AND INFORMATION MADE AVAILABLE ON OR THROUGH THE website IS AT YOUR OWN AND SOLE RISK, AND THE website AND ANY SUCH SERVICES, PRODUCTS, ITEMS AND INFORMATION AVAILABLE ON OR THROUGH THE website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (defined below) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, supplies, SERVICES, INFORMATION OR ITEMS OFFERED OR MADE AVAILABLE BY THE RELEASED PARTIES OR THIRD PARTIES ON OR THROUGH THE website, IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE website OR ANY PRODUCTS, SERVICES, SUPPLIES, INFORMATION, OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH THE website WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS or will have any specific results, (ii) THE website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (including as to any risk of corruption or deletion of any data or information you provide using the app), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE website WILL BE RELIABLE, AND (iv) ANY ERRORS IN THE website or data/information (including that provided by you) WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE website IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Released Parties Defined. “Released Parties” include DrDarria.com, Trueve.com, and TrueveLab.com and its affiliates (including, without limitation, parents and subsidiaries) and their respective owners, officers, directors, managers, employees, agents, partners, licensors, licensees and successors.
We are not liable for anything that happens to you involving the website or as a result of services, products or supplies obtained from any third party. If you use the website and such third party services, products or supplies in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties, including those incurred in the proceeding, leading up to the proceeding and for collection on any judgment.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DRDARRIA.COM, TRUEVE.COM, AND TRUEVELAB.COM SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM, INJURY, OR DEATH OR OTHER DAMAGE (EVEN IF BOOKED, MARKETED OR LINKED TO OR FACILITATED VIA OUR WEBSITE) IS SOLELY YOUR OWN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU or any third party FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) arising from access to and use of the website, including, without limitation, relating to or RESULTING FROM: (i) injury, damage or death; (ii) the loss or theft of, or damage to property; (iii) THE USE of OR THE INABILITY TO USE THE website OR ANY PRODUCTS, SERVICES, supplies, INFORMATION OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH THE website; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES sought to be OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE use of the website; (v) UNAUTHORIZED ACCESS TO, CORRUPTION OF, interference WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON or through THE website; (vii) YOUR RELIANCE ON CONTENT, consultation and advice MADE AVAILABLE BY US OR BY A THIRD PARTY; OR (viii) ANY OTHER MATTER, circumstance or occurrence RELATING TO THE website and services, products , supplies and/or items secured through use of the WEBSITE. We will not be liable for any delay or failure to perform any of our obligations under these Terms and Conditions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR direct, INCIDENTAL, CONSEQUENTIAL or other DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU, but will be honored to the greatest extent possible by the court or arbitrator. any provision of this agreement which is illegal or invalid shall be void ab initio if it cannot be reduced to the extent necessary to make it enforceable.
BY USING THE WEBSITE YOU THEREBY WAIVE SUCH CLAIMS AND RELEASE THE RELEASED PARTIES FROM ANY LIABILITY RELATED TO SAME.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE website OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from your access or use of the website, including, but not limited to, (i) your use of or reliance on any third-party content/data, advice, products, supplies and services, (ii) your use of or reliance on any DrDarria.com, Trueve.com, and TrueveLab.com Content, and (iii) your breach of these Terms and Conditions.
XIII. General Terms
These Terms and Conditions constitute the entire agreement between you and DrDarria.com, Trueve.com, and TrueveLab.com concerning your use of the website. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Except as otherwise stated in these Terms and Conditions, if any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be invalid or exceed the scope of lawful authority, the parties nevertheless agree that the court or arbitrator shall endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent available in the jurisdiction in which enforcement is available, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions and Privacy Policy are for convenience of reference only and have no legal or contractual effect. The word “including” means “including, without limitation,” unless otherwise expressly indicated.
XIV. Dispute Resolution
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and DrDarria.com, Trueve.com, and TrueveLab.com and each of our legal representatives, heirs, estates, successors, and assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to DrDarria.com, Trueve.com, and TrueveLab.com should be addressed to info@drdarria.com with a copy to Greenspoon Marder, Promenade II, 1230 Peachtree St NE, Suite 1900, Atlanta GA 30309 Attn: Sandra Brown. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or DrDarria.com, Trueve.com, and TrueveLab.com may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of arbitration in Fulton County, [insert state] will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by us; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise approved by us; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims (other than our own related parties), and may not otherwise preside over any form of a representative, consolidated or class proceeding, and if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at DrDarria.com, Trueve.com, and TrueveLab.com’s option.
Decision of the arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award or decision. The decision will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply Georgia State law during the arbitration. To the extent these terms and user’s use of the service evidence a transaction involving interstate commerce, the United States federal arbitration act will govern the interpretation, enforcement, and proceedings pursuant to the mandatory arbitration clause in these Terms and Conditions.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which DrDarria.com, Trueve.com, and TrueveLab.com seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond or other security, and notwithstanding anything herein to the contrary whatsoever, DrDarria.com, Trueve.com, and TrueveLab.com may notwithstanding anything herein seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired, including pending and during an arbitration proceeding.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action arises. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims a user brings against DrDarria.com, Trueve.com, and TrueveLab.com must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, DrDarria.com, Trueve.com, and TrueveLab.com may recover attorneys’ fees and costs up to $10,000, provided that DrDarria.com, Trueve.com, and TrueveLab.com has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at DrDarria.com, Trueve.com, and TrueveLab.com’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Fulton County in the State of Georgia will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by DrDarria.com, Trueve.com, and TrueveLab.com. Any other provisions of this agreement which are invalid in their entirety are severable.
XIV. Governing Law; Choice of Forum.
The laws of the State of Georgia, excluding its conflicts of law rules, govern these Terms and Conditions and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms and Conditions. To the extent that any action relating to any dispute hereunder is required to be brought in a court of law, subject to the exceptions stated herein, it will be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, GA and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to DrDarria.com, Trueve.com, and TrueveLab.com information, services and products or other products or services arranged via the website is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. DrDarria.com, Trueve.com, and TrueveLab.com makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. DrDarria.com, Trueve.com, and TrueveLab.com reserves the right to limit provision of our products or services or third party products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any services and/or products we provide or arrange for. Any offer for any product or service made on this website is void where prohibited.
Effective Date: September 8, 2021
Last Updated Date: September 8, 2021
