PEOPLEHOOD TERMS OF SERVICE
Last Updated: May 10, 2023
These Terms of Service ("Terms") apply to your access to and use of (i) the website located at www.peoplehood.com (or any successor links) and all associated web pages, websites, and social media pages (the "Website") provided by Peoplehood Inc., Peoplehood I, LLC and their respective affiliates ("Peoplehood," "we," "our," or "us"), (ii) events, programs, activities and related services ((i) and (ii), collectively, our "Services"), and (iii) products that we may offer for purchase ("Products").
By using our Services or purchasing our Products, you expressly agree to these Terms. Please carefully review these Terms before using our Services or purchasing our Products, including, without limitation, the warranty disclaimers and releases set forth in Section 15, which limit our liability and your ability to bring certain claims against us.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 17, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND PEOPLEHOOD WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services or purchase our Products.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services or Products ("Supplemental Terms"). Any Supplemental Terms become part of your agreement with us if you use the applicable Services or purchase the applicable Products, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The "Last Updated" date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services or purchase of our Products after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services and may not purchase any of our Products. Any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the updated Terms incorporating such changes or otherwise notified you of such changes
1. Services and Products
(a) Services. Our Services are designed to empower users to share experiences with each other, build new skills and habits and create and foster higher-quality connections and communities. As part of our Services, we may conduct "Gathers," or scheduled guided group conversations for which users can sign up individually or as couples. Gathers are led by Peoplehood "guides" ("Guides"). Gathers or other portions of our Services may be provided online via Peoplehood or third-party web platforms (such third-party web platforms, "Third-Party Platforms") or in-person at one or more Peoplehood locations ("In-Person Locations"). In addition to Gathers, we may offer additional or related Services via Peoplehood platforms, Third-Party Platforms or In-Person Locations.
(b) Products. We may offer Products for purchase, including, without limitation, merchandise, food, drinks (which may include alcoholic drinks), or other products via the Website, other Peoplehood platforms, or at In-Person Locations.
(c) In-Person Locations. Access to In-Person Locations is subject to any then-current Peoplehood policies, which may include, without limitation, security reviews of your devices or other materials you bring to In-Person Locations. You may only access the areas of In-Person Locations specifically permitted by Peoplehood and only for the specific purpose authorized by Peoplehood. All other access is prohibited.
(d) Removal. We may, in our sole discretion, temporarily or permanently revoke your access to any In-Person Location and any events held therein, including Gathers, and/or temporarily or permanently revoke your access to any other Peoplehood events, including, without limitation, by removing you from any of the foregoing.
2. Your Information
You may provide certain information to Peoplehood in connection with your use of our Services or purchase of our Products, or we may otherwise collect certain information about you when you use our Services or purchase our Products. You agree to receive emails, phone calls, SMS or text messages, and other types of communication from Peoplehood via our Services using the email address or other contact information you provide in connection with use of our Services or purchase of our Products. You represent and warrant that any information that you provide to Peoplehood is accurate.
3. Eligibility and Use Restrictions; Accounts
- General. You must be at least 13 years old to use our Services or purchase our Products. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services or purchase our Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services or Products. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Services or purchasing our Products without your consent, please contact us at . In using our Services or purchasing our Products, you represent and warrant that you meet the eligibility requirements to use our Services or purchase our Products, as applicable, and have the authority to be bound by these Terms, including, without limitation, if you use our Services or purchase our Products on behalf of another person or entity, including, without limitation, if you use our Services as a "couple" with another person (in which case "you" will include that person or entity and that person or entity agrees to be responsible to us).
- Alcoholic Beverages. Notwithstanding the above-referenced age limitations, you must be at least 21 years of age to purchase beverages containing alcohol.
(b) Accounts. You may be required to create an account with Peoplehood in order to use some or all of our Services. You may not share or permit others to use your individual account credentials, unless you register for a "couples" account, in which case you will only share or permit the other individual on your account to use such credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
(c) Additional Limitations. We may impose additional limitations on your ability to use our Services or purchase our Products. For example, we may refuse to serve you beverages containing alcohol if we cannot verify your age, you appear intoxicated, or as we may otherwise determine. All limitations are determined by us in our sole discretion and we will have no liability or responsibility for any consequences resulting from our imposition of any such limitations.
When attending a Gather or using other portions of our Services, you may be exposed to non-public information or materials of Peoplehood or other users ("Confidential Information"). Without limiting the foregoing, Confidential Information includes anything that Peoplehood identifies as confidential or proprietary and any other information or materials that would reasonably be understood, given the nature of the information or materials or the circumstances surrounding its disclosure or access, to be confidential or proprietary. You will (a) hold all Confidential Information in strict confidence and refrain from disclosing it to any third party except with our prior written consent, (b) use Confidential Information only as strictly necessary to use the applicable Services to which such Confidential Information applies, (c) prevent the unauthorized access, use, storage and disclosure of Confidential Information, (d) refrain from directly or indirectly copying, modifying, reverse engineering, decompiling, selling, renting, commercially exploiting, or transferring any Confidential Information to any third party for any purpose, and (e) not confirm or comment on any information, public or otherwise, concerning our Services (including any Gather) without our prior written consent. You agree to return or destroy any Confidential Information when requested by us or when you cease using the applicable Services to which such Confidential Information applies, whichever is earlier. You will notify us immediately following the discovery of any incident that involves or reasonably may involve the unauthorized access, use, disclosure, or loss of any Confidential Information. You understand that breach of these obligations could cause us irreparable harm that is not compensable by monetary damages and you acknowledge we will be entitled to seek and obtain injunctive relief to enforce any breach or threatened breach of this section.
(a) Pricing. Before using our Services or purchasing our Products, you will have an opportunity to review our fees and other charges therefor. All fees and charges are subject to change at any time without notice, except as expressly set forth in connection with a Recurring Membership (as defined below). If you wish to make a purchase, you may be asked to supply certain relevant information, such as your payment card number and its expiration date and your billing address, to us or our payment processors, and you authorize us to store such information for future purchases. You represent and warrant that you have the right to use any payment card that you submit in connection with a purchase. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any purchase. You will pay all charges incurred by you or on your behalf, at the prices in effect when such charges are incurred, including all other charges applicable to your purchase. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. All charges for our Services and Products, except as set forth below in connection with a Recurring Membership, are non-cancelable and non-refundable.
(b) Services: Recurring Memberships. In using our Services, you may enroll in a payment plan involving automatic renewal (a "Recurring Membership"). If you enroll in a Recurring Membership, you authorize Peoplehood to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The length of your Recurring Membership will be provided when you make your purchase. Your Recurring Membership will automatically renew unless you cancel it or we terminate it, meaning that we will automatically charge fees to you for the length of your Recurring Membership. In the event that Peoplehood is unable to charge your account as authorized by you when you enrolled in a Recurring Membership, Peoplehood may in its sole discretion (i) bill you for our Services and suspend your access to such Services until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel your membership through your account or we may terminate or suspend your membership in our sole discretion. You may cancel a Recurring Membership at any time, but if you cancel your Recurring Membership before the end of the current membership period, we will not refund any membership fees already paid to us. If we terminate or suspend your Recurring Membership, we will refund any prepaid, unused membership fees covering the period after termination or during which you were suspended. Following any cancellation (but not termination), you will continue to have access to the applicable Services through the end of your current membership period. Peoplehood may change the prices charged for Recurring Memberships at any time by posting updated pricing through our Services; provided, however, that the prices for your Recurring Membership will remain in force for the duration of the membership period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current membership price. If you do not agree to these price changes, you must cancel your Recurring Membership prior to the billing date in which the changes take effect. If you do not cancel and we do not terminate, your Recurring Membership will automatically renew at the then-current price at the time of renewal and for the same duration as the initial membership term, and Peoplehood will charge your on-file payment card or method on the first day of the renewal of the membership term.
(c) Products: Purchase and Related Terms
- Product Listings. We may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products ("Listings"). Such Listings may be made available for any purpose, including general information purposes. The availability of any listing, description, or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only.
- Order Confirmation and Acceptance. You will have the opportunity to review and confirm your order for Products, including, as applicable, delivery address, payment method and other details of your order
- Shipping and Delivery. If applicable, Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Website or separately communicated to you. You will pay all shipping and handling charges specified during the ordering process. All purchases of shipped Products are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
- Order Delays and Cancellations. We reserve the right to delay, refuse, or cancel any order prior to delivery, if applicable. For example, if there are errors on the Website or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
- Returns, Refunds and Exchanges. We do not provide refunds for Services or food or beverage Products. For merchandise Products, full refunds are available for full priced merchandise returned within 30 days of purchase, unopened, unwashed, with tags attached. There are no refunds or exchanges for sales merchandise Products.
- Submitting a Return. If for any reason you decide to return or exchange a delivered Product that you purchased from us, you must submit a claim by emailing email@example.com (a "Return Claim"). In connection with your Return Claim, you may be asked to provide, among other information: (a) your name, address, email address and telephone number and (b) a copy of your receipt, bill of sale or other comparable proof of purchase for the Product being returned. Verification of information may be required prior to the acknowledgment of any Return Claim. Following receipt of your Return Claim submitted with all required information in accordance with the procedure set forth in this section, we will provide notice to you of our decision as to whether to proceed with or deny your Return Claim. If we elect to proceed with your Return Claim, we will provide a return merchandise authorization number and email a shipping label to you. To obtain a refund or exchange, you must, using the shipping label provided by or on behalf of Peoplehood, return the Product to Peoplehood or its designee within thirty (30) days from the date the Product was originally shipped to you by or on behalf of Peoplehood. In order to receive a refund or exchange, the returned Product must not be subject to any of the exclusions set forth below.
- Exclusions. We will not provide refunds for Products or accept returns or exchanges of Products purchased from other retailers. Those Products are subject to that retailer's return policies and Peoplehood disclaims any liability with respect to the return or exchange of such Products. Additionally, we will not accept a return or exchange of any Products if the Product (a) was not purchased from our Services, (b) is returned by any person other than (i) the original purchaser of the Product or (ii) a subsequent owner who can provide the original order number applicable to the initial purchase, or (c) is not in its original condition with all original packaging.
- Refunds and Exchanges. Peoplehood does not take title to returned Products until the Product is received by Peoplehood. Once the Product has been returned to Peoplehood in accordance with these Terms and the return has been received and processed by Peoplehood, Peoplehood will (a) issue a refund to the original payment method used to purchase the Product for the full amount of the original purchase price (including any associated sales tax), minus, unless otherwise agreed by Peoplehood, the shipping and handling costs incurred by Peoplehood in connection with your Return Claim or (b) issue an exchanged Product, but you may be responsible for the shipping and handling costs incurred by Peoplehood in connection with providing an exchanged Product under your Return Claim. If the Product was purchased with a gift card, Peoplehood will issue a gift card for the refund amount but will not exchange the Product. For items given or received as a gift, Peoplehood is only able to issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.
- Reservation of Rights. We reserve the right, including without prior notice, in whole or in part, to (a) limit the available quantity of or discontinue making available any Product, (b) impose conditions on the honoring of any coupon, discount, or similar promotion, (c) bar any user from purchasing any Products, (d) alter the payment option for any Products and (e) refuse to provide any user with any Products.
6. User Content and Publicity
(a) Sharing User Content. You will not create, share or display any messages, text, photos, videos, or other materials in connection with the use of our Services or purchase of our Products ("User Content") except as specifically prompted by our Services or as otherwise directed by us. If you post or share any User Content, you grant Peoplehood a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, voice, image, personality, or other likeness ("Likeness") provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you or any third party. You hereby irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory. Except for the foregoing license, you retain all rights (including ownership) in and to your User Content.
(b) Restrictions. You may not create, share or display any User Content (i) unless specifically prompted by our Services or as otherwise directed by us and (ii) for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, share or display any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any applicable law;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content;
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Peoplehood or others to any harm or liability of any type; or
- Otherwise violates these Terms.
(c) Enforcement. Enforcement of this Section 6 is solely at Peoplehood's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This section does not create any private right of action on the part of any third party or any reasonable expectation that our Services or Products will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.
(d) Review. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
- delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
- terminate or suspend your access to all or part of our Services if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
- take any action with respect to your User Content that is necessary or appropriate, in Peoplehood’s sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
- cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. To learn more about parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting your minor’s access to certain content, visithttps://www.fbi.gov/resources/parents.
(e) Publicity. We may from time to time post on the Website or other media (including, without limitation, social media) images of In-Person Locations, Gathers, and/or other Peoplehood events that capture all or portions of your Likeness (such posts, "Publicity"). If we create Publicity, (i) you grant to Peoplehood a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to display your Likeness in connection with such Publicity and (ii) you waive any of your rights to inspect, approve, or receive attribution with respect to any such Publicity.
7. Prohibited Conduct
(a) General. You will not use our Services or purchase our Products if you are not eligible to use our Services or purchase our Products in accordance with these Terms and will not use our Services or Products other than for their intended purpose. Without limiting the foregoing, you must always be respectful of other users during your use of our Services.
(b) Specific. Further, you will not:
- Use our Services or purchase our Products for any purpose other than your personal, non-commercial purpose;
- Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
- Engage in any harassing, threatening, intimidating, predatory, stalking, discriminatory, or other objectionable conduct or disturb or solicit others;
- Use any cameras, video, or other devices designed to or enabled to capture recordings in connection with our Services (including, without limitation, at any Gathers) without our prior written consent;
- Use or attempt to use another user's account or information without authorization from that user and Peoplehood;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell or resell our Services;
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services or Products, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services or Products;
- Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Link to any online portion of our Services; or
- Use our Services or Products for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(c) Enforcement. Enforcement of this Section 7 is solely at Peoplehood’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
9. Ownership; Limited License
Peoplehood or our licensors own all right title and interest (including intellectual property rights) in and to our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein. Peoplehood or our licensors own all intellectual property rights in and to our Products. Except as explicitly stated in these Terms, all rights in and to our Services and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services or Products other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
The "Peoplehood" name and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of Peoplehood and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Services or Products are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Peoplehood or our Services or Products (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or our Services or Products, or to improve or develop new products, services, or our Services or Products in Peoplehood’s sole discretion. Peoplehood will exclusively own all improvements to, or new, Peoplehood products or services based on any Feedback. You understand that Peoplehood may treat Feedback as nonconfidential.
12. Repeat Infringer Policy; Copyright Complaints
(a) Our Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").
(b) Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify Peoplehood’s designated agent(your notification, a "DMCA Notice") as follows:
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Peoplehood for certain costs and damages.
Attn: Legal Department
109 W 17 th Street
New York, NY 10011
(c) Our Response to DMCA Notices. Upon receipt of a DMCA Notice meeting the requirements of Section 512(c)(3) of the DMCA, we may (i) remove or disable access to the allegedly infringing content (the "Allegedly Infringing Content"), (ii) take reasonable steps to notify the user who provided the Allegedly Infringing Content (the "Allegedly Infringing User") that access to the Allegedly Infringing Content has been disabled or the Allegedly Infringing Content has been removed, (iii) notify the party who provided the DMCA Notice with respect to the Allegedly Infringing Content (the "Original Complaining User") of any counter notifications that we receive in accordance with Section 12(d) from the Allegedly Infringing User, and (iv) replace or restore the Allegedly Infringing Content in accordance with Section 12(e). In accordance with our DMCA Policy, if we determine that the Allegedly Infringing User has provided allegedly infringing content numerous times on or through our Services, we may also terminate the account of such user or terminate the ability of such user to add content to our Services.
(d) Counter Notices. If you believe that your content was removed or disabled in accordance with this Section 12 by mistake or misidentification, you may send a counter notice to our designated agent as specified above (your counter notice, a “DMCA Counter Notice”). Please see Section 512(g)(3) of the DMCA for the requirements of a proper counter notification. If you knowingly materially misrepresent that any content on our Services was removed or disabled by mistake or misidentification, you may be liable to Peoplehood for certain costs and damages.
13. Third-Party Content
(a) Our Services may rely on or interoperate with third-party products and services, including, without limitation, Third-Party Platforms and data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (i) the use and availability of our Services is dependent on third-party product vendors and service providers and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
(b) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services or Products (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
(c) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to use our Services and purchase our Products.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Peoplehood and our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners and agents (including, without limitation, Guides) (individually and collectively, the "Peoplehood Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: (a) your access to or use of our Services or your purchase or use of our Products (including any acts and/or omissions); (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will cooperate with the Peoplehood Parties in defending third-party Claims and pay all fees, costs, and expenses associated with defending such third-party Claims (including attorneys' fees). The Peoplehood Parties will have control of the defense or settlement, at Peoplehood's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Peoplehood or the other Peoplehood Parties.
15. Disclaimers and Release
(a) General Disclaimer. YOUR USE OF OUR SERVICES AND PRODUCTS AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES, PRODUCTS, AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PEOPLEHOOD DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PEOPLEHOOD DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR PRODUCTS OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WHILE PEOPLEHOOD ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND PRODUCTS AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR PRODUCTS OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES AND PRODUCTS AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS).
(b) Medical Disclaimer. BY USING OUR SERVICES, YOU UNDERSTAND AND AGREE THAT:
- OUR SERVICES ARE NON-CLINICAL IN NATURE, PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. NEITHER PEOPLEHOOD NOR ANY GUIDE IS PROVIDING MEDICAL, PSYCHOLOGICAL OR MENTAL HEALTH ADVICE VIA OUR SERVICES
- NEITHER PEOPLEHOOD NOR ANY GUIDE IS A LICENSED MEDICAL CARE PROVIDER AND DOES NOT ENGAGE IN, AND HAS NO EXPERTISE IN, DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR PRESCRIBING MEDICATIONS OR TREATMENT OR DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION. YOU SHOULD NOT USE OUR SERVICES IN PLACE OF MEDICAL ADVICE OR IN DIAGNOSING OR TREATING A MEDICAL CONDITION.
- USE OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, INTERACTION WITH ANY GUIDE) DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PEOPLEHOOD OR YOU AND ANY GUIDE.
- NEITHER PEOPLEHOOD NOR ANY GUIDE PROVIDES EMERGENCY SERVICES AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT. SHOULD YOU HAVE ANY HEALTH OR MEDICAL RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY
(c) Release. YOU ACKNOWLEDGE AND AGREE THAT, AS AN INTERACTIVE SERVICE, OUR SERVICES MAY PLACE YOU INTO DIGITAL OR PHYSICAL PROXIMITY WITH GUIDES, OTHER USERS, OR THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, AT IN-PERSON LOCATIONS. ACCORDINGLY, YOU HEREBY SPECIFICALLY, FULLY AND FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND INDEMNIFY AND HOLD HARMLESS THE PEOPLEHOOD PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (AS DEFINED IN SECTION 14) RELATED TO (I) DISPUTES BETWEEN USERS OR BETWEEN USERS AND GUIDES, (II) THE ACTS OR OMISSIONS OF GUIDES OR ANY THIRD PARTIES AND (III) YOUR PARTICIPATION IN OR USE OF OUR SERVICES OR PURCHASE OR USE OF OUR PRODUCTS AT ANY IN-PERSON LOCATIONS. YOU UNDERSTAND THAT THIS WAIVER MEANS YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, FOR PHYSICAL OR EMOTIONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, AND YOU GIVE UP ANY CLAIM YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "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."
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "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."
(d) Beneficiaries. ALL DISCLAIMERS AND RELEASES OF ANY KIND (INCLUDING IN THIS SECTION 15 AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF PEOPLEHOOD, THE OTHER PEOPLEHOOD PARTIES, AND THE PEOPLEHOOD PARTIES' RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
16. Limitation of Liability
(a) Waiver of Certain Damages. To the fullest extent permitted by applicable law, Peoplehood and the other Peoplehood Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Peoplehood or the other Peoplehood Parties have been advised of the possibility of such damages.
(b) Liability Cap. The total liability of Peoplehood and the other Peoplehood Parties to you (whether occurring under these Terms or otherwise), regardless of the form of the action, is limited to the amount paid by you to use our Services or purchase of our Products giving rise to the claim.
(c) Exclusions. The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Peoplehood or the other Peoplehood Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PEOPLEHOOD TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PEOPLEHOOD FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND PEOPLEHOOD AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. PEOPLEHOOD AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
(a) Arbitrable Claims. For any dispute or claim that you have against Peoplehood, that Peoplehood has against you or that you have, or Peoplehood has, in each case arising from, relating to, or stemming from these Terms, our Services, our Products, or any aspect of the relationship between you and Peoplehood as relates to these Terms or our Services, including any privacy or data security claims (collectively, "Arbitrable Claims," and each an "Arbitrable Claim"), you and Peoplehood agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against Peoplehood, you will first contact Peoplehood by sending a written notice of your Arbitrable Claim ("Claimant Notice") to Peoplehood by email to . The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If Peoplehood asserts an Arbitrable Claim against you, Peoplehood will first contact you by sending a written notice of Peoplehood’s Arbitrable Claim ("Peoplehood Notice"), and each of a Claimant Notice and Peoplehood Notice, a "Notice") to you via email to the primary email address associated with your account. The Peoplehood Notice must (A) include the name of a Peoplehood contact and the contact's email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and Peoplehood cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or Peoplehood receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Peoplehood first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
(b) Binding Arbitration. Except for (i) individual disputes that qualify for small claims court, (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Peoplehood, including any disputes in which you or Peoplehood seek injunctive or other equitable relief for the alleged unlawful use of your or Peoplehood's intellectual property rights or other infringement of your or Peoplehood's intellectual property rights ("IP Claims") and (iii) disputes related to your breach or alleged breach of Section 4, all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(c) Governance. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
(d) Submission. All Arbitrable Claims must be submitted to the American Arbitration Association ("AAA") and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA's Consumer Arbitration Rules will apply, which are available on the AAA's website (adr.org), as amended by these Terms as follows:
- YOU AND PEOPLEHOOD AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND PEOPLEHOOD ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Peoplehood or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
- For any arbitration you initiate, you will pay the consumer filing fee, and Peoplehood will pay the remaining AAA fees and costs. For any arbitration initiated by Peoplehood, Peoplehood will pay all AAA fees and costs.
- For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) 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; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
- If you or Peoplehood submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Peoplehood agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Peoplehood agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
- The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms 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 having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
- The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Peoplehood or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Peoplehood understand and agree that when twenty-five (25) or more similar claims are asserted against Peoplehood or you by the same or coordinated counsel or are otherwise resolved, your or Peoplehood’s Arbitrable Claim might be delayed. For such coordinated actions, you and Peoplehood also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for Peoplehood shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Peoplehood or you
(e) One Year to Assert Claims. To the extent permitted by law, any Arbitrable Claim by you or Peoplehood relating in any way to these Terms, our Services, or any aspect of the relationship between you and Peoplehood as relates to these Terms or our Services, must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and Peoplehood will not have the right to assert the Arbitrable Claim.
(f) Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
(g) Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
(h) Other Jurisdictions. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 17 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
18. Governing Law
These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration pursuant to Section 17, then the state and federal courts located in Manhattan, New York will have exclusive jurisdiction. You and Peoplehood waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
19. Modifying and Terminating Our Services or Products
We reserve the right in our sole discretion to: (a) modify, suspend, or terminate providing our Services (in whole or in part), including, without limitation, (i) terminating or suspending your account, (ii) terminating or suspending your Recurring Membership and/or (iii) removing you from In-Person Locations, Gathers and/or any other Peoplehood events); (b) charge, modify, or waive any fees required to use our Services or Products; or (c) offer opportunities to some or all end users of our Services or purchasers of our Products. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to our Services or Products will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Peoplehood in writing.
You also have the right to stop using our Services or purchasing our Products at any time, and you may terminate these Terms by ceasing use of our Services or purchase of our Products. We are not responsible for any loss or harm related to your inability to access or use our Services or purchase our Products.
If any portion of these Terms other than Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
21. Export Control
You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
(a) General. Peoplehood's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
(b) Questions. If you have a question or complaint regarding our Services or Products, please send an email to . Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.