Effective Date: March 8, 2024
Remi Mayer, LLC (hereinafter, “HolosBody”, “We”, “Us”, or “Our”) provides various business coaching services, products, goods through this Website, https://holosbody.com/, and use of the Website (the “Service”). The Service is offered subject to user’s (hereinafter, “User”, “you”, “You”, “yours”, or “Yours”) acceptance of this agreement (hereinafter, the “Terms”). These Terms are a binding contract between HolosBody and You. By continuing to use the Service, you agree to the Terms and to be bound by them.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR PURCHASING ANY OF OUR SERVICES.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY PROVISIONS, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE OR INITIATE A CLASS ACTION (SEE SECTIONS [___]). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES UNLESS OTHERWISE SPECIFIED. YOU HEREBY AGREE TO THESE TERMS AND ARE AN ESSENTIAL BASIS OF THE TERMS.
1 – Use
Use of the Service is governed by these Terms. We offer the Services contingent upon your acceptance of all of the Terms contained herein. If you do not agree to these terms, you are not authorized to access the Website or utilize the Services in any way.
These Terms, along with our Privacy Policy, and any agreements made for the provision of our Services, form a legally binding agreement (the “Agreement”). Any use or purchases made through the Service, whether through the Website, telephonically, or through any other acceptable means or methods of purchase are subject to the Agreement.
We reserve the right to update and change these Terms and all documents incorporated by reference at our sole discretion by posting updates and changes to the Website. We advise you to periodically check this page for applicable changes to these Terms. Use of the Website or Services constitutes acceptance of such changes.
By using the Services, you hereby warrant and affirm that you are at least 18 years of age of age or the age of majority in the state, province, country, or locality of your residence (whichever is greater). You further warrant and affirm that you may legally operate a business, have the legal capacity to enter into legal agreements, have read the Agreement and these Terms, and you understand and agree to be bound by such Agreement and Terms.
2 – User Conduct and Restrictions
All aspects of the Services, including our logo and trademarks, are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws, including but not limited to all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material contained within the Services, including our logo or trademarks, may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without the express written consent of Holosbody. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by HolosBody.
Subject to these Terms, you are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Services. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you make a purchase through the Services, we provide to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use our Services and any content therein. You acknowledge and agree that: (1) the Services are copyrighted material under United States and international copyright laws that is exclusively owned by HolosBody; (2) you do not acquire any ownership rights in Services; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the Services; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of HolosBody; and (5) in the event of any permitted copying (e.g., from the Services to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use the Services or any contents contained therein in any unlawful manner or a manner which is harmful to HolosBody. You further agree not to use the Service in any respect to commit unlawful or harmful acts including, but not limited to:
(a) Any dishonest or unethical practice; any violation of the law; infliction of harm to HolosBody’s reputation; hacking and other digital or physical attacks on the Website; impersonating any third party to access Services, using login credentials of any third party to access Services, use login credentials of a third party without that third party’s authorization, scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of HolosBody or any third party;
(b) Spamming or unsolicited communications. Any communications sent or authorized by you reasonably deemed to be “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Holosbody’s reputation. It is solely your obligation to ensure that all communications comply with Federal, state, and local anti-spamming or analogous laws.
(c) Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media, blog or vlog, which are: sexually explicit, obscene, vulgar, pornographic offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory, violent, or solicitous of unlawful behavior.
(d) You will not import or incorporate any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to HolosBody or any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health information, financial information of any kind.
(3) Privacy
We respect your privacy and seek to protect your personal information. If you do submit information through our Services, such submission is governed by our Privacy Policy: https://holosbody.com/privacypolicy. We reserve the right to amend or modify our Privacy Policy or these Terms at any time, by posting updates to our Website. This Privacy Policy is incorporated into these Terms and the Agreement by reference.
(4) Information you provide
If you utilize some of the Services, you will be required to create an account. You warrant and represent that all information you provide to use is truthful and accurate. You are responsible for maintaining access to your account and any associated passwords. You also agree not to transfer your password, account, or username to any third party unless granted express written permission by HolosBody. You are fully responsible for the information conveyed to you by use of the Services including, but not limited to, technical information, pricing, business strategy, and data about other past or current users of our Services. You are also solely responsible for maintaining the security and confidentiality of your account information, username, password, and any other applicable credential that allows access to our Services. We reserve the right to terminate or suspend your access to the Services if you share your credentials or transfer such credentials to another party.
Failure to comply with any aspect of this section or the Agreement shall constitute a breach of these Terms, which may result in suspension or termination of your account and/or use of our Services, at our sole discretion.
You are responsible for all usage or activity on your account on the Website and Services, including use of the account by any third party authorized by you to use your login credentials.
You shall not provide or make available to third parties, any content or access to the Services unless otherwise expressly stated in the Agreement or these Terms. You shall not share any license key or portion of the Services for any other purpose other than expressly stated or granted to you by these Terms or the Agreement.
3 – Orders made through the Service
Payment must be received before any order of our Services is accepted. An electronic confirmation does not signify our acceptance of any order and we may cancel such order for a variety of factors, at our sole discretion. If we do cancel an order and you have been charged, we will make a refund for that specific order. We reserve the right to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right at our sole and exclusive discretion. All advertised prices are denominated and shall be paid in U.S. Dollars.
4 – Refunds
Except in very limited circumstances, we do not offer refunds for our Service unless otherwise expressly stated in the Agreement or as required by applicable law. Cancellation periods required by law in your location of residence are limited to only to the period required by such applicable law.
If you are unhappy with our Services or any subscription thereunder, your exclusive recourse is to unsubscribe from the Services. We offer no refunds (whether pro-rated or full) unless as explicitly stated in the Agreement. If you wish to cancel your use of our Services, you may contact us at support@holosbody.com.
5 – Payments and Auto Payments
You are responsible for paying all sums due to Holosbody in accordance with these Terms and the Agreement. Payment of any fees that come due are a condition of access to our Services. If authorized by the Agreement, we will bill your account according to the Agreement plus applicable taxes, surcharges, or other fees necessary or appropriate to complete the transaction in compliance with federal, state, or local law. Failure of You to use paid-for Services does not relieve you of your obligations to pay applicable fees for access to the Services. All payments shall be made by major credit cards or debit cards. We shall secure payment details collected by use through the use of a secure third party payments processor. You further agree that payments that are due on a recurring basis in accordance with the Agreement are authorized and will be automatically charged in accordance with the Agreement.
HolosBody reserves the right to immediately terminate your account and/or access to Services for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event we initiate collection processes of any type, you will be liable for all collection costs, including reasonable legal fees and expenses. In addition to any fees collected by Holosbody, we may also charge applicable value added or other tax.
6 – Products
HolosBody reserves the right to, without notice, discontinue any aspect of the Services or modify so Services without incurring any obligation to you. We will inform you of any changes to pricing of your Services in an email to you.
Please note that we do not warrant our Services are accurate, complete, current, or error-free. All sales of our Services are final unless otherwise expressly stated in the Agreement.
7 – Disclaimer, Disclaimer of Warranties, Limitation of Liability, Indemnification.
YOUR INDIVIDUAL RESULT MAY VARY DEPENDING ON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, YOUR LOCATION, BUSINESS MODEL, PRODUCTS, OR SERVICES. HolosBody does not promise, guarantee, or warrant your business’ success, income, or sales. We will not provide sales leads or referrals, our Services consist of business coaching and training and will receive access to our Services, which consist solely of business coaching, training, and tools. WE DO NOT GUARANTEE YOUR SUCCESS AND WE CANNOT GUARANTEE THAT ALL TOOLS OR SOFTWARE WE PROVIDE WILL BE APPLICABLE TO YOUR SPECIFIC BUSINESS.
WE DO NOT MAKE CLAIMS ABOUT OUR CLIENT’S EARNINGS OR EARNING POTENTIAL OR THE APPLIABLITY OR EFFECTIVENESS OF OUR TOOLS OR SOFTWARE. IT IS POSSIBLE YOU WILL NOT RECEIVE A RETURN ON YOUR INVESTMENT IN OUR SERVICES. WE DO NOT OFFER TAX, FINANCIAL, ACCOUNTING, OR LEGAL ADVICE AND YOU SHOULD CONSULT WITH YOUR OWN INDEPENDENT PROFESSIONALS FOR TAX, FINANCIAL, ACCOUNTING, OR LEGAL ADVICE.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SERVICES OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL HOLOSBODY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SERVICE, REGARDLESS OF WHETHER HOLOSBODY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HOLOSBODY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSS, LIABILITIES, DAMAGES, EXPENSES, DEMANDS, AND COSTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS OF LITIGATION OR OTHER DISPUTE RESOLUTION, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH OR RELATED TO (1) YOUR USE, MISUSE, OR ATTEMPTED USE OF OUR WEBSITE OR SERVICES, (2) INFORMATION YOU SUBMIT OR TRANSMIT THROUGH THE SERVICES OR WEBSITE, (3) YOUR BREACH OF THESE TERMS, THE DOCUMENTS INCORPORATED BY REFERENCE, THE AGREEMENT, OR THE REPRESENTATIONS AND WARRANTIES PROVIDED BY YOU IN THIS AGREEMENT, OR (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
8 – Your Business and Legal Compliance
You represent and warrant that you operate a business in good-standing in the jurisdiction(s) in which it operates. You further agree to use our Services only for lawful purposes. You are solely responsible for complying with all applicable laws and regulations in your jurisdiction, including but not limited to all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional applicable laws. You agree to notify HolosBody if any investigation or lawsuit is threatened or filed against you, whereupon we shall have the right to terminate this Agreement without liability. HolosBody shall have no liability for your violation of any laws and you agree to indemnify and hold harmless HolosBody in the event that you and/or your business violates any law and a claim is threatened or asserted against Holosbody as a result.
You further agree to comply with laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the FTC’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring your compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
You further agree to indemnify and defend HolosBody from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against HolosBody relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by HolosBody. You further understand and agree that HolosBody has no control over, and cannot be responsible for, the functionality or failures of ANY third-party software. HolosBody does not warrant that any of our software will be compatible with any third-party software. You are solely and exclusively responsible for your use of any messaging software. You further agree that you will not use any such software to violate these Terms or the Agreement in any other respect.
You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes. Holosbody shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.
9 – Testimonials, reviews, and media
HolosBody may use testimonials/reviews from our clients, in whole or in part. Testimonials and reviews represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our Services. Testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant HolosBody a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them. We reserve the right to correct grammatical errors, typos, or to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.
You may post reviews, comments, photos, videos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate Section 2 of these Terms, or any other aspect of these Terms or the Agreement.
By posting content or submitting material, you grant HolosBody a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant HolosBody and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Agreement or the Terms and will not cause injury to any person or entity; and that you will indemnify HolosBody for all claims resulting from content you supply. We reserve the right, but not the obligation, to monitor, edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
10 – Mandatory Arbitration as sole and exclusive remedy for dispute resolution, Class Action Waiver
READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, claim, or dispute arising out of your use of Services, you agree to reach out to us at support@holosbody.com to allow us to attempt to resolve the dispute informally. If any dispute arising out of the use of our Services or the Agreement cannot be resolved by an informal process, such dispute shall be resolved by binding, mandatory, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted by a single neutral arbitrator in the English language in the forum of HolosBody’s choice unless we agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Agreement, this arbitration provision, and any other terms incorporated by reference into these Terms, unless otherwise expressly stated in these Terms or the Agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or HolosBody.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and HolosBody agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and HolosBody expressly waive any right to pursue any class or other representative action against each other.
This provision survives termination of your account or use/access of Services with HolosBody, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
11 – Non-exclusive remedies for HolosBody
In the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of HolosBody or a third-party, HolosBody shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction where the such breach, threatened breach, infringement, or threatened infringement occurs or is applicable. Nothing in this Agreement shall be construed as prohibiting HolosBody from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Sheridan County, Wyoming, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
12 – DMCA
If you believe that materials or content available on the Website infringes any copyright you own please notify HolosBody requesting we remove the offending materials or content from our Services. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. Please direct all notices/counter-notices to support@holosbody.com
13 – Third Party Links
The Services or Website may contain links to third party properties or sites. The view, opinion, or information expressed on those sites are their own and not those of HolosBody. We are not responsible for the content of third party sites, nor are responsible for the accuracy or claims contained therein.
14 – Term and Termination
These Terms and the Agreement take effect upon the use of the Services. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, these Terms, or violated any law, whether in connection with your use of our Services or otherwise, we may terminate the Agreement or suspend your access to the Services at any time without notice to you. This Agreement and the Terms, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your access or use of our Services, unless by their nature it would be inappropriate for those terms to survive. Upon any termination, your obligation for any outstanding payments to HolosBody remains your responsibility.
15 – Force Majeure
We are not liable, responsible, deemed to have defaulted, or breached these Terms for failure or delay in our performance of our obligations under these Terms to the extent such failure or delay is caused by or is a result of acts or circumstances beyond our control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, changes in law, war, invasion, or hostilities (whether war is undeclared or not), terrorist threats or actions, riot or civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not directly related to our workforce), cyberattacks, denial of service (DoS) attacks, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
16 – Misc.
This Agreement and Terms and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use our Services, or any matter concerning HolosBody, including your purchase and use or attempted use of any Services, shall be governed exclusively by the laws of State of Delaware without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 10, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Wyoming, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
Section headings contained in these Terms are for convenience and reference only and shall not impact the interpretation or construction of these Terms. Any principle of construction or law that provides an agreement be construed against the drafter of an agreement in the event of ambiguity or inconsistency shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Conduct or trade practice between the parties shall not act to modify these Terms in any way. We may assign our rights and duties under these Terms at any time; you may not, nor does doing so alleviate any of your duties or obligations under these Terms. There are no third-party beneficiaries of these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, Privacy Policy, the Agreement and any other agreements incorporated by reference constitute the entire agreement between the Parties and supersede any agreement previously existing between the Parties.
Copyright 2024
Remi Mayer LLC
All Rights Reserved
