Welcome to Height Lengthening
These Terms of Service (these “Terms”) constitute a legal agreement between you and Height Lengthening. (“Height Lengthening”, “we”, “our”, or “us”) stating the terms and conditions that govern your access to and use of all products and services that Height Lengthening makes available to you, including our website www.HeightLengthening.com (the “Site”), all content and documentation therein.
1. Acceptance of the Terms
By accessing or using the Services, setting up an account with us, or clicking on a button on the Services indicating your consent, you hereby acknowledge that you have read and understand these Terms and our Privacy Policy, which explains how we collect, use, and share your personal information, and you hereby agree to comply with and be legally bound by them.
IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICES OR DISCONTINUE THE USE OF THE SERVICES IMMEDIATELY.
IMPORTANT: IN CASE OF EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY SERVICES.
2. Consent to Telemedicine Services
Telemedicine involves the use of electronic communications to allow health care providers in different locations to share Medical Information for improved patient care.
At your request and with your explicit consent, Height Lengthening may collect health data on your behalf for Clinician as a third-party telemedicine provider, strictly for the purposes you approve. Any data shared or transferred between Height Lengthening and Clinician will follow strict security protocols to protect your data.
By accepting these Terms, you consent to Height Lengthening, our affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. You agree that it is solely your responsibility to monitor and review these communications. You further acknowledge that Height Lengthening and its affiliates are not liable for any loss, injury, or claim resulting from your failure to monitor, read, or act upon these communications, or to follow any recommendations provided within them.
3. Intellectual Property Rights
a. Ownership and License of Our Content
All the content, software, tools, text, images, logos, marks, photographs, data, audio, video, design, codes, layout, “look and feel”, other content that is included or otherwise made available through the Services and all intellectual property rights related thereto, excluding User Submissions, are either owned or licensed by us (“Our Content”). Use of Our Content (excluding your own User Submissions) or the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Height Lengthening and respective licensors reserve all rights not expressly granted in and to their content.
Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.
Any use of the Services in any manner not allowed under these Terms, including, without limitation, resale, transfer, modification or distribution of the Services or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and Our Content provided by the Services is prohibited. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Services. Unless expressly permitted in a separate agreement with Height Lengthening, you will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof. Any attempt to do so is a violation of the rights of Height Lengthening and its licensors of the Services.
Height Lengthening and its licensors exclusively own all right, title and interest, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
b. De-identified Data.
You acknowledge and agree that we may collect, analyze and use de-identified and/or aggregated data regarding the usage and performance of the Services, including data derived from personal information, and create de-identified and/or aggregated data that is not identifiable to any specific person (“De-Identified Data”) as further described in our Privacy Policy. We may retain and use the De-Identified Data to, operate, analyze, improve or market the Services and any related products and services.
c. Feedback.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
4. Use Restrictions
You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any information that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Access, tamper with, or use non-public areas of the Services, Height Lengthening computer systems, or the technical delivery systems of Height Lengthening providers;
d. Attempt to probe, scan or test the vulnerability of any Height Lengthening system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Height Lengthening or any of Height Lengthening’s providers or any other third party (including another user and Clinicians).
f. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
g. Use any meta tags or other hidden text or metadata utilizing a Height Lengthening trademark, logo URL or product name without Height Lengthening’s express written consent;
h. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
i. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
j. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
k. Collect or store any personal information from the Services from other users of the Services without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity;
m. Violate any applicable law or regulation; or
n. Encourage or enable any other individual to do any of the foregoing.
5. Indemnification
You agree to indemnify, defend, and hold harmless the Height Lengthening and Height Lengthening Parties from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or relating to (a) your breach of these Terms, (b) your access to or use of the Services including, but not limited to, your User Submissions, (c) your acts, errors, or omissions, or (d) any actions taken by a third party using your account. Height Lengthening reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
6. Changes to the Terms
From time to time, we may update the Terms in our sole discretion. If we do, we’ll announce the updated Terms on the Site, we may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. Unless we state otherwise, the change, addition or deletion will apply to your use of the Services. You are deemed to accept the changes, additions or deletions if you use the Services after we have posted updated Terms. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
7. Dispute Resolution
a. Mandatory Arbitration of Disputes.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (“Dispute”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Height Lengthening agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEIGHT LENGTHENING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
b. Exceptions and Opt-out.
As limited exceptions to Section 12.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email here.
c. Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who intends to seek arbitration 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”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d. Costs.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Height Lengthening for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. 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. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
e. Class Action Waiver.
YOU AND HEIGHT LENGTHENING 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, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
f. Effect of Changes on Arbitration.
Notwithstanding the provisions of Section 17 “Changes” above, if Height Lengthening changes any of the terms of this Section 19 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Height Lengthening’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Height Lengthening in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you most recently accepted these Terms.
20. General
a. Governing Law.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution,” the exclusive jurisdiction for all Dispute that you and Height Lengthening are not required to arbitrate will be the state and federal courts located in the Los Ångeles County, United States, and you and Height Lengthening each waive any objection to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
b. Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between Height Lengthening and you regarding these Terms supersede and replace all prior oral or written understandings or agreements between Height Lengthening and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms will be null. Height Lengthening may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
c. Notices.
Unless otherwise stipulated herein, any notices or other communications provided by Height Lengthening under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
d. Severability.
If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
e. Waiver of Rights.
Height Lengthening’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Height Lengthening. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
f. Force Majeure.
The failure of Height Lengthening to comply with these Terms due to an act of God, war, fire, riot, terrorism, earthquake, an outbreak of a pandemic disease, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Height Lengthening, shall not be deemed a breach of these Terms.
g. Communication Preferences.
You consent to receive communications about these Terms electronically through the email address listed in your account. If you wish to receive communications in another manner, you may contact us to change your communication preferences.
21. Contact Information.
If you have any questions about these Terms or the Services, please contact us.