Terms of Service
Terms of Service
Modern Halo, Inc.
Last Updated: Oct 22, 2024
Modern Halo, Inc.
Last Updated: Oct 22, 2024
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Welcome, and thank you for your interest in Modern Halo, Inc. (“Modern Halo,” “we,” or “us”) and our website at modernhalo.com (“Site”) and our related websites and hosted applications (collectively, the “Service”). These Terms of Service are a legally binding contract between you and ACE Vitality, LLC (dba Modern Halo) regarding your use of the Service. If you are a patient or customer of Modern Halo your separate contract with Modern Halo relating to your relationship with us in that capacity will control to the extent of any conflict or inconsistency with these Terms (defined below).
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MODERN HALO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MODERN HALO’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MODERN HALO AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF MODERN HALO AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS WILL INCLUDE APPOINTMENT REMINDERS AND MARKETING MESSAGES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MODERN HALO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Overview.
1.1 General. You can use the Service to find out information about our products and services and, in some cases, at your discretion, book with us appointments for treatment, complete registration forms and other services we offer.
1.2 Do Not Use in an Emergency. IF YOU HAVE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. NEITHER MODERN HALO NOR THE SERVICE ARE DESIGNED FOR OR INTENDED FOR EMERGENCY USE.
1.3 Telehealth Consent. These Terms are supplemental to the Consent to Telehealth Services. Please review the Consent to Telehealth Services before utilizing any telehealth services. If there is any conflict or inconsistency between the Consent to Telehealth Services and these Terms, the latter will control to the extent of that conflict or inconsistency.
2. No Medical Advice.
THE INFORMATION CONTAINED ON THE SITE IN THE SERVICE IS NOT MEDICAL ADVICE. WITHOUT LIMITING ANY OTHER TERMS IN THESE TERMS:
2.1 YOU ACKNOWLEDGE THAT, THE INFORMATION MADE AVAILABLE THROUGH THE SITE AND THE SERVICES DO NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN MODERN HALO AND YOU, AND SUCH INFORMATION DOES NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY MODERN HALO. NONE OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE BY MODERN HALO ARE INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.
2.2 MODERN HALO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY INFORMATION ON THE SERVICE (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL/PROVIDER QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK). WITHOUT LIMITING THE FOREGOING, MODERN HALO DOES NOT ENDORSE ANY PARTICULAR TREATMENT METHOD OR TECHNIQUE, AND SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE SERVICE.
2.3 NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE
LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND
PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE OR
OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.
2.4 MODERN HALO IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE
ANY PARTICULAR PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY
APPEAR VIA THE SERVICES. IF YOU RELY ON ANY INFORMATION OR SERVICE, YOU DO SO SOLELY
AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION
OR CONSULTATION RELEVANT TO YOU WITH OTHER SOURCES.
2.1 YOU ACKNOWLEDGE THAT, THE INFORMATION MADE AVAILABLE THROUGH THE SITE AND THE SERVICES DO NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN MODERN HALO AND YOU, AND SUCH INFORMATION DOES NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY MODERN HALO. NONE OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE BY MODERN HALO ARE INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.
2.2 MODERN HALO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY INFORMATION ON THE SERVICE (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL/PROVIDER QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK). WITHOUT LIMITING THE FOREGOING, MODERN HALO DOES NOT ENDORSE ANY PARTICULAR TREATMENT METHOD OR TECHNIQUE, AND SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE SERVICE.
2.3 NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.
2.4 MODERN HALO IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE ANY PARTICULAR PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR VIA THE SERVICES. IF YOU RELY ON ANY INFORMATION OR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION OR CONSULTATION RELEVANT TO YOU WITH OTHER SOURCES.
2.1 YOU ACKNOWLEDGE THAT, THE INFORMATION MADE AVAILABLE THROUGH THE SITE AND THE SERVICES DO NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN MODERN HALO AND YOU, AND SUCH INFORMATION DOES NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY MODERN HALO. NONE OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE BY MODERN HALO ARE INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.
2.2 MODERN HALO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY INFORMATION ON THE SERVICE (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL/PROVIDER QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK). WITHOUT LIMITING THE FOREGOING, MODERN HALO DOES NOT ENDORSE ANY PARTICULAR TREATMENT METHOD OR TECHNIQUE, AND SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE SERVICE.
2.3 NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP.
2.4 MODERN HALO IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE ANY PARTICULAR PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR VIA THE SERVICES. IF YOU RELY ON ANY INFORMATION OR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION
OR CONSULTATION RELEVANT TO YOU WITH OTHER SOURCES.
3. Eligibility.
You must be at least 18 years old to use the Service. In certain cases, if you are under
the age of 18 (or the age of legal majority under applicable law), you may be able to use the
Service, but only under the supervision of a parent or legal guardian who agrees to be bound by
these Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at
least 18 years old, or you are under 18 (or the age of legal majority under applicable law) and
you are using the Service under the supervision of a parent or legal guardian who agrees to be
bound by these Terms; and (b) your use of the Service is in compliance with any and all
applicable laws and regulations.
You must be at least 18 years old to use the Service. In certain cases, if you are under
the age of 18 (or the age of legal majority under applicable law), you may be able to use the Service, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old, or you are under 18 (or the age of legal majority under applicable law) and you are using the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms; and (b) your use of the Service is in compliance with any and all applicable laws and regulations.
4. Accounts and Registration.
To access some features of the Service, you may be required to register for an account. If you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at concierge@modernhalo.com.
5. Licenses.
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Modern Halo grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Modern Halo an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights.
The Service is owned and operated by Modern Halo. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Modern Halo (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Modern Halo or its third-party licensors. Except as expressly authorized by Modern Halo, you may not make use of the Materials. There are no implied licenses in these Terms and Modern Halo reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms.
7.1 Third-Party Services and Linked Websites. Modern Halo may provide tools through the Service that enable you to export information, including Submitted Data, to third-party services. By using one of these tools, you hereby authorize Modern Halo to transfer that information to the applicable third-party service. Third-party services are not under Modern Halo’s control, and, to the fullest extent permitted by law, Modern Halo is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Modern Halo’s control, and Modern Halo is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Submitted Data or information with such third-party services. Once sharing occurs, Modern Halo will have no control over the information that has been shared.
7.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. Submitted Data.
8.1 Submitted Data Generally. Certain features of the Service may permit users to submit, upload, or otherwise transmit (“Submit”) content to the Service, including registration forms, informed consents, messages, data, text, and any other works of authorship or information (“Submitted Data”). You retain any copyright and other proprietary rights that you may hold in the Submitted Data that you Submit to the Service, subject to the licenses granted in these Terms.
8.2 Limited License Grant to Modern Halo. By Submitting Submitted Data to or via the Service, you grant Modern Halo a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, reproduce, modify, and create derivative works of your Submitted Data for the purpose of providing and improving our products and services, including those that utilize artificial intelligence technologies. You agree to pay any owed royalties or fees resulting from Submitting your Submitted Data.
8.3 You Must Have Rights to the Content You Submit. You must not Submit any content to the Service unless you own or have full rights to grant permission for all elements of that content. By Submitting, you affirm, represent, and warrant that:
(a) You are the creator and owner of the Submitted Data or have the necessary licenses, rights, consents, and permissions to authorize Modern Halo to use and distribute your Submitted Data.
(b) Your Submitted Data does not infringe or violate any third-party rights, including copyrights, trademarks, privacy rights, or other proprietary rights.
(c) Your Submitted Data is not objectionable, offensive, or inappropriate.
8.4 Submitted Data Disclaimer.We are not obligated to edit or control any Submitted Data that you or others provide, nor are we liable for it. Modern Halo may screen, remove, or block any Submitted Data at its discretion if it violates these Terms, and you agree to waive any legal rights or remedies in connection with such actions.
8.5 Monitoring Content. Modern Halo is not required to monitor content but reserves the right to do so for operational or other reasons. Information may be examined, recorded, or used according to our Privacy Policy. Modern Halo may block, filter, remove, or disable access to Submitted Data without liability.
9. Communications
9.1 Text Messaging. You agree that Modern Halo and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM Modern Halo, YOU CAN EMAIL CONCIERGE@MODERNHALO.COM OR TEXT THE WORD “STOP MARKETING” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM Modern Halo, YOU CAN EMAIL CONCIERGE@MODERNHALO.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.
9.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international
law;
10.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a
third party, including by infringing or misappropriating any third-party intellectual property
right;
10.3 access, search, or otherwise use any portion of the Service through the use of any engine,
software, tool, agent, device, or mechanism (including spiders, robots, crawlers, scrapers, and
data mining tools) other than the software or search agents provided by Modern Halo;
10.4 interfere with security-related features of the Service, including by: (i) disabling or
circumventing features that prevent or limit use, printing or copying of any content; or
(ii) reverse engineering or otherwise attempting to discover the source code of any portion of
the Service except to the extent that the activity is expressly permitted by applicable law;
10.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (ii) making any unsolicited offer or advertisement to another user of the Service;
(iii) collecting personal information about another user or third party without consent; or
(iv) interfering with or disrupting any network, equipment, or server connected to or used to
provide the Service;
10.6 use the Service to develop new products and services (including, without limitation, for
developing, training, and fine tuning artificial intelligence and machine learning models) without
Modern Halo’s express written permission;
10.7 perform any fraudulent activity including impersonating any person or entity, claiming a false
affiliation or identity, accessing any other Service account without permission, or falsifying your
age or date of birth;
10.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in
Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any
Materials; or
10.9 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or
permit any person in engaging in any of the acts described in this Section 10 (Prohibited
Conduct).
10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, scrapers, and data mining tools) other than the software or search agents provided by Modern Halo;
10.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
10.6 use the Service to develop new products and services (including, without limitation, for developing, training, and fine tuning artificial intelligence and machine learning models) without Modern Halo’s express written permission;
10.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
10.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
10.9 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11. Intellectual Property Rights Protection
11.1 Respect of Third Party Rights. Modern Halo respects the intellectual property rights of others,
takes the protection of intellectual property rights very seriously, and asks users of the Service
to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual
property rights-related complaint about any material on the Service, you may contact our
Designated Agent at the following address:
Modern Halo, Inc.
Attn: Legal Department (IP Notification)
7901 Veterans Parkway, Suite B
Columbus, GA 31909
Email: Concierge@modernhalo.com
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available
on or through the Service has been used or exploited in a manner that infringes an intellectual
property right you own or control, then please promptly send a written “Notification of Claimed
Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim
has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the
Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the
Service of which you are complaining is not authorized by the copyright or other
intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that,
under penalty of perjury, you are the copyright or other intellectual property right
owner or authorized to act on the copyright or intellectual property owner’s behalf
Your Notification of Claimed Infringement may be shared by Modern Halo with the user alleged to have
infringed a right you own or control as well as with the operators of publicly available databases that
track notifications of claimed infringement, and you consent to Modern Halo making such disclosures.
You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a
valid notice of claimed infringement.
11.4 Repeat Infringers. Modern Halo’s policy is to: (a) remove or disable access to material that
Modern Halo believes in good faith, upon notice from an intellectual property rights owner or
authorized agent, is infringing the intellectual property rights of a third party by being made
available through the Service; and (b) in appropriate circumstances, to terminate the accounts
of and block access to the Service by any user who repeatedly or egregiously infringes other
people’s copyright or other intellectual property rights. Modern Halo will terminate the
accounts of users that are determined by Modern Halo to be repeat infringers. Modern Halo
reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
11.5 Counter Notification. If you receive a notification from Modern Halo that material made
available by you on or through the Service has been the subject of a Notification of Claimed
Infringement, then you will have the right to provide Modern Halo with what is called a
“Counter Notification.” To be effective, a Counter Notification must be in writing, provided to
Modern Halo’s Designated Agent through one of the methods identified in Section 11.2 (DMCA
Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in which the address is
located, or if you are residing outside of the United States, then for any judicial district
in which Modern Halo may be found, and that you will accept service of process from
the person who provided notification under Section 11.2 (DMCA Notification) above or
an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to
confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6 Resubmission of Content Subject to a Counter Notification. If you submit a Counter Notification
to Modern Halo in response to a Notification of Claimed Infringement, then Modern Halo will
promptly provide the person who provided the Notification of Claimed Infringement with a copy
of your Counter Notification and inform that person that Modern Halo will replace the removed
Submitted Data or cease disabling access to it in 10 business days, and Modern Halo will replace the removed Submitted Data and cease disabling access to it not less than 10, nor more than 14,
business days following receipt of the Counter Notification, unless Modern Halo’s Designated
Agent receives notice from the party that submitted the Notification of Claimed Infringement
that such person has filed an action seeking a court order to restrain the user from engaging in
infringing activity relating to the material on Modern Halo’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act
provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under
[Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification, will be
liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by
any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is
injured by such misrepresentation, as the result of [Modern Halo] relying upon such
misrepresentation in removing or disabling access to the material or activity claimed to be
infringing, or in replacing the removed material or ceasing to disable access to it.” Modern Halo
reserves the right to seek damages from any party that submits a Notification of Claimed
Infringement or Counter Notification in violation of the law.
11.1 Respect of Third Party Rights. Modern Halo respects the intellectual property rights of others,
takes the protection of intellectual property rights very seriously, and asks users of the Service
to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual
property rights-related complaint about any material on the Service, you may contact our
Designated Agent at the following address:
Modern Halo, Inc.
Attn: Legal Department (IP Notification)
7901 Veterans Parkway, Suite B
Columbus, GA 31909
Email: Concierge@modernhalo.com
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available
on or through the Service has been used or exploited in a manner that infringes an intellectual
property right you own or control, then please promptly send a written “Notification of Claimed
Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim
has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the
Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the
Service of which you are complaining is not authorized by the copyright or other
intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that,
under penalty of perjury, you are the copyright or other intellectual property right
owner or authorized to act on the copyright or intellectual property owner’s behalf
Your Notification of Claimed Infringement may be shared by Modern Halo with the user alleged to have
infringed a right you own or control as well as with the operators of publicly available databases that
track notifications of claimed infringement, and you consent to Modern Halo making such disclosures.
You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a
valid notice of claimed infringement.
11.4 Repeat Infringers. Modern Halo’s policy is to: (a) remove or disable access to material that
Modern Halo believes in good faith, upon notice from an intellectual property rights owner or
authorized agent, is infringing the intellectual property rights of a third party by being made
available through the Service; and (b) in appropriate circumstances, to terminate the accounts
of and block access to the Service by any user who repeatedly or egregiously infringes other
people’s copyright or other intellectual property rights. Modern Halo will terminate the
accounts of users that are determined by Modern Halo to be repeat infringers. Modern Halo
reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
11.5 Counter Notification. If you receive a notification from Modern Halo that material made
available by you on or through the Service has been the subject of a Notification of Claimed
Infringement, then you will have the right to provide Modern Halo with what is called a
“Counter Notification.” To be effective, a Counter Notification must be in writing, provided to
Modern Halo’s Designated Agent through one of the methods identified in Section 11.2 (DMCA
Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in which the address is
located, or if you are residing outside of the United States, then for any judicial district
in which Modern Halo may be found, and that you will accept service of process from
the person who provided notification under Section 11.2 (DMCA Notification) above or
an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to
confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6 Resubmission of Content Subject to a Counter Notification. If you submit a Counter Notification to Modern Halo in response to a Notification of Claimed Infringement, then Modern Halo will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Modern Halo will replace the removed
Submitted Data or cease disabling access to it in 10 business days, and Modern Halo will replace the removed Submitted Data and cease disabling access to it not less than 10, nor more than 14,
business days following receipt of the Counter Notification, unless Modern Halo’s Designated
Agent receives notice from the party that submitted the Notification of Claimed Infringement
that such person has filed an action seeking a court order to restrain the user from engaging in
infringing activity relating to the material on Modern Halo’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act
provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under
[Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification, will be
liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by
any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is
injured by such misrepresentation, as the result of [Modern Halo] relying upon such
misrepresentation in removing or disabling access to the material or activity claimed to be
infringing, or in replacing the removed material or ceasing to disable access to it.” Modern Halo
reserves the right to seek damages from any party that submits a Notification of Claimed
Infringement or Counter Notification in violation of the law.
11.1 Respect of Third Party Rights. Modern Halo respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our
Designated Agent at the following address:
Modern Halo, Inc.
Attn: Legal Department (IP Notification)
7901 Veterans Parkway, Suite B
Columbus, GA 31909
Email: Concierge@modernhalo.com
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf
Your Notification of Claimed Infringement may be shared by Modern Halo with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Modern Halo making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a
valid notice of claimed infringement.
11.4 Repeat Infringers. Modern Halo’s policy is to: (a) remove or disable access to material that Modern Halo believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Modern Halo will terminate the accounts of users that are determined by Modern Halo to be repeat infringers. Modern Halo reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
11.5 Counter Notification. If you receive a notification from Modern Halo that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Modern Halo with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Modern Halo’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is
located, or if you are residing outside of the United States, then for any judicial district in which Modern Halo may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6 Resubmission of Content Subject to a Counter Notification. If you submit a Counter Notification to Modern Halo in response to a Notification of Claimed Infringement, then Modern Halo will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Modern Halo will replace the removed Submitted Data or cease disabling access to it in 10 business days, and Modern Halo will replace the removed Submitted Data and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Modern Halo’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Modern Halo’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Modern Halo] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Modern Halo reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized
representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the
Service, and ending when terminated as described in Section 13.2 (Termination).
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the
Service and these Terms automatically terminate. In addition, Modern Halo may, at its sole
discretion, terminate these Terms or your account on the Service, or suspend or terminate your
access to the Service, at any time for any reason or no reason, with or without notice, and
without any liability to you arising from such termination. You may terminate your account and
these Terms at any time through your account settings or by contacting customer service at
concierge@modernhalo.com.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate
and you must immediately cease all use of the Service; (b) you will no longer be authorized to
access your account or the Service; (c) you must pay Modern Halo any unpaid amount that was
due prior to termination; and (d) Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights),
13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Modern Halo), 16
(Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will
survive. You are solely responsible for retaining copies of any Submitted Data you Submit to the Service since upon termination of your account, you may lose access rights to any Submitted
Data you Submitted to the Service. If your account has been terminated for a breach of these
Terms, then you are prohibited from creating a new account on the Service using a different
name, email address or other forms of account verification.
13.4 Modification of the Service. Modern Halo reserves the right to modify or discontinue all or any
portion of the Service at any time (including by limiting or discontinuing certain features of the
Service), temporarily or permanently, without notice to you. Modern Halo will have no liability
for any change to the Service, including any paid for functionalities of the Service, or any
suspension or termination of your access to or use of the Service.
13.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Modern Halo may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at
concierge@modernhalo.com.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Modern Halo any unpaid amount that was due prior to termination; and (d) Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights),
13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Modern Halo), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any Submitted Data you Submit to the Service since upon termination of your account, you may lose access rights to any Submitted
Data you Submitted to the Service. If your account has been terminated for a breach of theseTerms, then you are prohibited from creating a new account on the Service using a different
name, e mail address or other forms of account verification.
13.4 Modification of the Service. Modern Halo reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Modern Halo will have no liability for any change to the Service, including any paid for functionalities of the Service, or any
suspension or termination of your access to or use of the Service.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the
Service, and you will defend and indemnify Modern Halo, its affiliates and their respective
shareholders, directors, managers, members, officers, employees, consultants, service
providers, management organizations, and agents (together, the “Modern Halo Entities”) from
and against every claim brought by a third party, and any related liability, damage, loss, and
expense, including attorneys’ fees and costs, arising out of or connected with: (1) your
unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms,
any representation, warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (3) your violation of any third-party right, including any intellectual property right or
publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between
you and any third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you (without limiting
your indemnification obligations with respect to that matter), and in that case, you agree to
cooperate with our defense of those claims.
To the fullest extent permitted by law, you are responsible for your use of the
Service, and you will defend and indemnify Modern Halo, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, service providers, management organizations, and agents (together, the “Modern Halo Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties by Modern Halo.
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE
PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MODERN HALO DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND
ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF
DEALING, USAGE, OR TRADE. MODERN HALO DOES NOT WARRANT THAT THE SERVICE OR ANY
PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE,
WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL
COMPONENTS, AND MODERN HALO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE OR MODERN HALO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH
THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MODERN HALO ENTITIES
OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE
FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY
OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED
IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING SUBMITTED DATA.
15.3 WITHOUT LIMITING ANY OTHER TERMS SET FORTH IN THESE TERMS:
(a) MODERN HALO IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU
WITH HEALTH INSURANCE BENEFITS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING
AND UNDERSTANDING ANY THIRD-PARTY PLANS OR BENEFITS YOU MAY HAVE THAT
PERTAIN TO HEALTHCARE.
(b) MODERN HALO HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER OR
ANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY
HAVE THAT PERTAIN TO HEALTHCARE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH
COORDINATION.
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MODERN HALO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MODERN HALO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE,
WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MODERN HALO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MODERN HALO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH
THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MODERN HALO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE
FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING SUBMITTED DATA.
15.3 WITHOUT LIMITING ANY OTHER TERMS SET FORTH IN THESE TERMS:
(a) MODERN HALO IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU WITH HEALTH INSURANCE BENEFITS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND UNDERSTANDING ANY THIRD-PARTY PLANS OR BENEFITS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE.
(b) MODERN HALO HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER ORANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH
COORDINATION.
16. Limitation of Liability.
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
16.1 IN NO EVENT WILL THE MODERN HALO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MODERN HALO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.4 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF), THE AGGREGATE LIABILITY OF THE MODERN HALO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
16.3 RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE
SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.
16.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY
LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
16.1 IN NO EVENT WILL THE MODERN HALO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MODERN HALO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.4 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF), THE AGGREGATE LIABILITY OF THE MODERN HALO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.
16.3 RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.
16.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Modern
Halo agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral
arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more
limited discovery than in court, and is subject to very limited review by courts. This agreement
to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim arises during or
after the termination of these Terms. Any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MODERN HALO ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these
Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring
an individual action in small claims court; (b) pursue an enforcement action through the
applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a
court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual
property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the
provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date
that you agree to these Terms by sending a letter to Modern Halo, LLC, Attention: Legal
Department – Arbitration Opt-Out, 7901 Veterans Parkway, Suite B, Columbus, GA 31909 that
specifies: your full legal name, the email address associated with your account on the Service,
and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Modern Halo
receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void
and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing
Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal
Arbitration Act and will be administered by the JAMS under the rules applicable to consumer
disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing
forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by
contacting Modern Halo.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of
the dispute to the other party by certified U.S. Mail or by Federal Express (signature required)
or, only if that other party has not provided a current physical address, then by electronic mail
(“Notice of Arbitration”). Modern Halo’s address for Notice of Arbitration is: Modern Halo, LLC,
7901 Veterans Parkway, Suite B, Columbus, GA 31909. The Notice of Arbitration must:
(a) identify the name or account number of the party making the claim; (b) describe the nature
and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The
parties will make good faith efforts to resolve the claim directly, but if the parties do not reach
an agreement to do so within 30 days after the Notice of Arbitration is received, you or Modern Halo may commence an arbitration proceeding. If you commence arbitration in accordance with
these Terms, Modern Halo will reimburse you for your payment of the filing fee, unless your
claim is for more than US$10,000 or if Modern Halo has received 25 or more similar demands
for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the
arbitrator finds that either the substance of the claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set forth in Federal
Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules
and the other party may seek reimbursement for any fees paid to JAMS.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your
residence address unless we agree otherwise or, if the claim is for US$10,000 or less (and does
not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely
on the basis of documents submitted to the arbitrator; (b) through a telephonic or video
hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish)
of your residence address. During the arbitration, the amount of any settlement offer made by
you or Modern Halo must not be disclosed to the arbitrator until after the arbitrator makes a
final decision and award, if any. Regardless of the manner in which the arbitration is conducted,
the arbitrator must issue a reasoned written decision sufficient to explain the essential findings
and conclusions on which the decision and award, if any, are based.
17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can
award any relief that would be available if the claims had been brought in a court of competent
jurisdiction. If the arbitrator awards you an amount higher than the last written settlement
amount offered by Modern Halo before an arbitrator was selected, Modern Halo will pay to you
the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s
award shall be final and binding on all parties, except (1) for judicial review expressly permitted
by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in
which case that party shall have the right to seek judicial review of the injunctive relief in a court
of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions
of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND MODERN HALO AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both
you and Modern Halo agree otherwise, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a representative or class
proceeding.
17.9 Modifications to this Arbitration Provision. If Modern Halo makes any substantive change to
this arbitration provision, you may reject the change by sending us written notice within 30 days
of the change to Modern Halo’s address for Notice of Arbitration, in which case your account
with Modern Halo will be immediately terminated and this arbitration provision, as in effect
immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute
Resolution and Arbitration) is found to be unenforceable, or if Modern Halo receives an Opt-Out
Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2
(Governing Law) will govern any action arising out of or related to these Terms.
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Modern Halo agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MODERN HALO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Modern Halo, LLC, Attention: Legal Department – Arbitration Opt-Out, 7901 Veterans Parkway, Suite B, Columbus, GA 31909 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Modern Halo receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Modern Halo.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Modern Halo’s address for Notice of Arbitration is: Modern Halo, LLC, 7901 Veterans Parkway, Suite B, Columbus, GA 31909. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Modern Halo may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Modern Halo will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Modern Halo has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence address. During the arbitration, the amount of any settlement offer made by you or Modern Halo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Modern Halo before an arbitrator was selected, Modern Halo will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court
of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND MODERN HALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Modern Halo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If Modern Halo makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Modern Halo’s address for Notice of Arbitration, in which case your account with Modern Halo will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Modern Halo receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Modern Halo agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MODERN HALO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Modern Halo, LLC, Attention: Legal Department – Arbitration Opt-Out, 7901 Veterans Parkway, Suite B, Columbus, GA 31909 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Modern Halo receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Modern Halo.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Modern Halo’s address for Notice of Arbitration is: Modern Halo, LLC, 7901 Veterans Parkway, Suite B, Columbus, GA 31909. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Modern Halo may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Modern Halo will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Modern Halo has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence address. During the arbitration, the amount of any settlement offer made by you or Modern Halo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Modern Halo before an arbitrator was selected, Modern Halo will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court
of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND MODERN HALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Modern Halo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If Modern Halo makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Modern Halo’s address for Notice of Arbitration, in which case your account with Modern Halo will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Modern Halo receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly
incorporated by reference into these Terms, are the entire and exclusive understanding and
agreement between you and Modern Halo regarding your use of the Service. You may not assign
or transfer these Terms or your rights under these Terms, in whole or in part, by operation of
law or otherwise, without our prior written consent. We may assign these Terms and all rights
granted under these Terms, including with respect to your Submitted Data, at any time without
notice or consent. The failure to require performance of any provision will not affect our right to
require performance at any other time after that, nor will a waiver by us of any breach or
default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach
or default or a waiver of the provision itself. Use of Section headers in these Terms is for
convenience only and will not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means “including but not limited to.” If
any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will
be given effect to the greatest extent possible, and the remaining parts will remain in full force
and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of Georgia without regard to
conflict of law principles. You and Modern Halo submit to the personal and exclusive jurisdiction
of the state courts and federal courts having jurisdiction over Muscogee County, Georgia for
resolution of any lawsuit or court proceeding permitted under these Terms. We operate the
Service from our offices in Georgia, and we make no representation that Materials included in
the Service are appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the Modern Halo Privacy Policy (the “Privacy Policy”) carefully for
information relating to our collection, use, storage, and disclosure of your personal information.
The Modern Halo Privacy Policy is incorporated by this reference into, and made a part of, these
Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or link
to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this
reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain
electronic communications from us as further described in our Privacy Policy. Please read our
Privacy Policy to learn more about our electronic communications practices. You agree that any
notices, agreements, disclosures, or other communications that we send to you electronically
will satisfy any legal communication requirements, including that those communications be in
writing.
18.6 Contact Information. The Service is offered by Modern Halo, LLC, located at 7901 Veterans
Parkway, Suite B, Columbus, GA 31909. You may contact us by sending correspondence to that
address or by emailing us at concierge@modernhalo.com.
18.7 No Support. We are under no obligation to provide support for the Service. In instances where
we may offer support, the support will be subject to published policies.
18.8 International Use. The Service is intended for visitors located within the United States. We make
no representation that the Service is appropriate or available for use outside of the United
States. Access to the Service from countries or territories or by individuals where such access is
illegal is prohibited.
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Modern Halo regarding your use of the Service. You may not assign
or transfer these Terms or your rights under these Terms, in whole or in part, by operation of
law or otherwise, without our prior written consent. We may assign these Terms and all rights
granted under these Terms, including with respect to your Submitted Data, at any time without
notice or consent. The failure to require performance of any provision will not affect our right to
require performance at any other time after that, nor will a waiver by us of any breach or
default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach
or default or a waiver of the provision itself. Use of Section headers in these Terms is for
convenience only and will not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means “including but not limited to.” If
any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will
be given effect to the greatest extent possible, and the remaining parts will remain in full force
and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of Georgia without regard to
conflict of law principles. You and Modern Halo submit to the personal and exclusive jurisdiction
of the state courts and federal courts having jurisdiction over Muscogee County, Georgia for
resolution of any lawsuit or court proceeding permitted under these Terms. We operate the
Service from our offices in Georgia, and we make no representation that Materials included in
the Service are appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the Modern Halo Privacy Policy (the “Privacy Policy”) carefully for
information relating to our collection, use, storage, and disclosure of your personal information.
The Modern Halo Privacy Policy is incorporated by this reference into, and made a part of, these
Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or link
to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this
reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any
notices, agreements, disclosures, or other communications that we send to you electronically
will satisfy any legal communication requirements, including that those communications be in
writing.
18.6 Contact Information. The Service is offered by Modern Halo, LLC, located at 7901 Veterans
Parkway, Suite B, Columbus, GA 31909. You may contact us by sending correspondence to that
address or by emailing us at concierge@modernhalo.com.
18.7 No Support. We are under no obligation to provide support for the Service. In instances where
we may offer support, the support will be subject to published policies.
18.8 International Use. The Service is intended for visitors located within the United States. We make
no representation that the Service is appropriate or available for use outside of the United
States. Access to the Service from countries or territories or by individuals where such access is
illegal is prohibited.
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Modern Halo regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Submitted Data, at any time without
notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force
and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of Georgia without regard to conflict of law principles. You and Modern Halo submit to the personal and exclusive jurisdiction of the state courts and federal courts having jurisdiction over Muscogee County, Georgia for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Georgia, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the Modern Halo Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Modern Halo Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in
writing.
18.6 Contact Information. The Service is offered by Modern Halo, LLC, located at 7901 Veterans Parkway, Suite B, Columbus, GA 31909. You may contact us by sending correspondence to that address or by emailing us at concierge@modernhalo.com.
18.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.8 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.