Terms & Conditions
Effective Date: April 10, 2020.
Welcome to Andrea Neu Health!
Andrea Neu Health is an online membership service that help people become healthier and happier through balanced, fun workouts. Movement is a vehicle that teaches us how to connect to our body on a much deeper level, creating a sense of happiness and empowerment.
The following Terms of Service (Terms) between you and Andrea Neu Health (“we,” “our,” “us,” or “ANH”) describes the terms and conditions on which you may access and use the Andrea Neu Health website located at www.andreaneuhealth.com (the “Site”), and related services (together with the Site, Andrea Neu Health Content (as defined below) the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The disclaimers, terms, and conditions in these Terms are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose. If you choose to purchase one class or a membership level package (“Products”) through our Services, your use of the Services is further conditioned on the Membership Agreement, incorporated here by reference. In the event of a conflict between these Terms and the Membership Agreement, the terms and conditions that are more protective of Andrea Neu Health shall control.
BY ACCESSING OUR SERVICE, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
IMPORTANT NOTICE: Your use of our Services is subject to an arbitration provision in Section 9 requiring all claims to be resolved by way of binding arbitration. By agreeing to these Terms, you and Andrea Neu Health hereby waive any right to participate in a Class-Action lawsuit or class-wide arbitration.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase Products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
B. Modification of the Services or the Terms
The use of the Product is at your own risk and Andrea Neu Health shall not be held liable for any health-related complaints associated with any Product.
We may revise and update these Terms from time to time, and will post the updated Agreement to our Site or App. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of our Services will constitute your agreement to any new provisions within the revised Agreement.
USE OF THE SERVICES
A. Andrea Neu Health Content
All content and information available through the Services, including but not limited to class descriptions and specifications, advice from trainers and photos and comments from other users (“Andrea Neu Health Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Andrea Neu Health Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Andrea Neu Health Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Andrea Neu Health Content. We may update the Andrea Neu Health Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to [email protected] We will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases. We cannot and do not assume any responsibility for your use or misuse of Andrea Neu Health Content or any other information transmitted, monitored, stored, or received while using the Services.
B. Third Party Content and Services
C. Acceptable Use Policy
No part of the Services, including the Andrea Neu Health Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Andrea Neu Health authorizes you to view, copy, download, and print Andrea Neu Health Content that is available on the Services, provided that: (a) you use the Andrea Neu Health Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Andrea Neu Health Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Andrea Neu Health Content.
You may not use the Services to: (i) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (ii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (iii) violate these Terms, or any applicable local, state, national or international laws or regulations; or (iv) use our Services or Andrea Neu Health Content to develop a competing service or product.
You also agree that you will not (and will not attempt to or permit any third party to): use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services. You will not reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
There may be delays, omissions, or inaccuracies in the Services, including the Andrea Neu Health Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Anyone interested may subscribe to either a monthly or yearly access to classes (“Subscription”). Andrea Neu Health offers two different recurring payment options to subscription level: (1) an automatically billed monthly subscription ("Monthly Membership"); and (2) an automatically billed annual subscription ("Annual Membership"). You can subscribe here: https://andreaneuhealth.com/register/.
Monthly Membership: By purchasing a Monthly Membership, you agree to an initial and recurring Monthly Membership fee at the then-current Monthly Membership rate, and you accept responsibility for all recurring charges until you cancel your membership. You may cancel your Monthly Membership at any time, subject to the terms of our cancellation policy.
AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Andrea Neu Health will automatically process your Monthly Membership fee in the next billing cycle. Andrea Neu Health will continue to automatically process your Monthly Membership fee each month at the then-current Monthly Membership rate, until you cancel your membership. We explain how to cancel your Monthly Membership below at the Section "Cancellation Policy".
Annual Membership: By purchasing an Annual Membership, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Membership renewal fee at the then-current Annual Membership rate. We will notify you before the renewal fee is billed. You may cancel your Annual Membership anytime before the next billing cycle, subject to the terms of our cancellation policy.
AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Membership renewal fee in the first month of your next Annual Membership. We explain how to cancel your Annual Membership below at the Section "Cancellation Policy".
Cancellation Policy for Monthly Membership Renewals: You may cancel your Monthly Membership at any time by logging into your account and following the cancellation procedures described there. If you need help, feel free to contact us using at [email protected] If you cancel your Monthly Membership, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
Cancellation Policy for Annual Membership Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Membership renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account and following the cancellation procedures or by contacting us at [email protected]
If you cancel your Membership you can re-subscribe any time.
A. License to Your Content
If you post, upload or make available to Andrea Neu Health or the Services, or otherwise submit to or through Andrea Neu Health as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Andrea Neu Health a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content.
B. Obligations for Submitting Your Content
By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 2(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize CATCHYOGA to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
C. No Responsibility
By providing Your Content via the Services, you understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any Your Content. You agree that we are not liable for any legal violation caused by your use or misuse of Your Content or other information transmitted, monitored, stored, or received while using the Services. We reserve the right to amend or delete any of Your Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any provision of these Terms.
B. Unauthorized Use and Information Changes
You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
C. Storing Credentials
The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Andrea Neu Health or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
A. Ownership of the Services
The Services, including the Andrea Neu Health Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Andrea Neu Health and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Andrea Neu Health” and the Andrea Neu Health logo is a trademark of Andrea Neu Health, under the applicable laws of the United States and/or other countries. Other Andrea Neu Health product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Andrea Neu Health and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Andrea Neu Health and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Andrea Neu Health Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Andrea Neu Health or such third party that may own such Andrea Neu Health Content
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Andrea Neu Health may use your Feedback without restriction or obligation to you or any third party.
C. Notice and Take Down Procedures; Copyright Agent
If you believe any Andrea Neu Health Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Andrea Neu Health copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Andrea Neu Health agent for copyright issues relating to the Services is as follows: [email protected] In an effort to protect the rights of copyright owners, Andrea Neu Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at [email protected] You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By Andrea Neu Health
Any violation of these Terms, including any of the prohibitions in Section 2(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. Andrea Neu Health may also terminate your account if Andrea Neu Health determines that your conduct poses a risk or liability to Andrea Neu Health, or for any other reason as determined by Andrea Neu Health in its sole discretion.
C. Effects of Termination
The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
DISCLAIMER OF WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITY
A. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 1(F) OF THE RENTAL AND SALE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CATCHYOGA, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR SUBSCRIPTION TO A MEMBERSHIP; (2) YOUR VIOLATION OF THESE TERMS, (3) ANY OF YOUR CONTENT YOU POST OR PROVIDE THROUGH THE SERVICES, (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (5) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
C. Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES AGAINST Andrea Neu Health THAT ARISE FROM YOUR USE OF THE SERVICES OR, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SERVICES IN VIOLATION OF THIS THESE TERMS, THE RENTAL AND SALES AGREEMENT, THE REFERRAL POLICY, OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL Andrea Neu Health OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Andrea Neu Health HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST Andrea Neu Health.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 9 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
These Terms and any dispute shall be interpreted and construed according to the laws of Puerto Rico, without giving effect to conflicts of law principles. Any dispute, controversy, or claim arising as a result of, or in connection with, this Terms, or the use of the Site and Services or the purchase of any Membership of Product shall be addressed and resolved by binding arbitration in Puerto Rico.
Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Andrea Neu Health shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
You consent to receive communications from us, including email, text messages, calls, direct mail, and push notifications, including for the purposes of notifying you about the status of your membership, upcoming classes, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by emailing [email protected] You acknowledge that opting out of receiving communications may impact your use of the Services.
B. Consent to Do Business Electronically
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor Andrea Neu Health will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
C. Jurisdictional Issues
Andrea Neu Health makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Andrea Neu Health intends to announce or make available such products or services to the general public, or in your country. Contact Andrea Neu Health at [email protected] to determine which products and services may be available to you.
D. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Andrea Neu Health Content, or any part thereof, in any way, in violation of United States law.
E. Equitable Relief
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us, which would be both difficult to ascertain, and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
F. Governing Law/Venue
These Terms are governed and interpreted pursuant to the laws of the Commonwealth of Puerto Rico, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in San Juan, Puerto Rico, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenience.
G. Entire Agreement
These Terms are the entire agreement between you and Andrea Neu Health relating to the subject matter herein and shall not be modified except by Andrea Neu Health in accordance with these Terms, or as otherwise agreed in writing by you and Andrea Neu Health. No employee, agent or other representative of Andrea Neu Health has any authority to bind Andrea Neu Health with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
H. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Andrea Neu Health may assign these Terms at any time without notice to you.
J. Force Majeure
Andrea Neu Health will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Andrea Neu Health’s reasonable control.
K. Contact Us
Please send any questions or comments, or report violations of these Terms, to Andrea Neu Health at [email protected]