Terms of Service
ACCEPTANCE OF TERMS OF SERVICE.
You agree that by accessing the Site and using the Services, you have read, understood, and accepted to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service, and other operating rules and policies that may be published on the Site by us, apply to all users of the Site, including, without limitation, contributors of information and other materials or services, registered or otherwise.
PLEASE NOTE THAT SECTION 15 OF THESE TERMS OF SERVICE CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
The Site is intended for users who are at least 13 years of age, and by using the Site, you represent and warrant that you are at least 13 years of age. Before using the Site, all users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have obtained the consent of their parent or guardian to use the Site and their agreement to the Terms of Service. If you are a parent or legal guardian who is agreeing to the Terms of Service on behalf of a child, you hereby consent to bind your child to the Terms of Service and to entirely indemnify, release and hold harmless Athena Club if your child breaches or disaffirms any terms or condition of these Terms of Service.
TERMS OF SALE.
Sales of Products and Subscriptions.
Athena Club sells tampons and sanitary napkins, among other feminine products (the “Products”) to customers who buy monthly, bimonthly, or biannual subscriptions to receive the Products (“Subscriptions”) for their own personal, and non-commercial usage. Subsequent distribution or resale of Products or Subscriptions and use thereof for any other commercial purpose is strictly prohibited without the written approval of Athena Club. You may not sell or otherwise transfer your Subscription and all rights and privileges related thereto, without the written approval of Athena Club. All orders are subject to acceptance by Athena Club, and Athena Club may choose not to accept your order for any reason without liability to you. Athena Club reserves the right to refuse or cancel any order or transaction at any time, in its sole discretion.
Pricing for Products and Subscriptions (including any shipping and handling fees) are found on Athena Club’s then-current main page or product page located on the Site. The price charged for your purchased Products and Subscriptions will be the price specified on the check-out page of the Site on the date you first sign-up for a Subscription to the Site. Prices for Products and Subscriptions may be changed at any time at Athena Club’s sole discretion, and price protection and refunds are not available in the event of promotions, temporary offers or price reductions.
If you are submitting a pre-order, you will be charged at check out for your first month. This will begin your Subscription for your selected Product. Once the first order ships, you will be billed on a monthly, bimonthly or biannual basis. Athena Club holds the right to start shipping when Athena Club is ready to fulfill all of its orders.
If you are not satisfied with one of our Products, please contact us at firstname.lastname@example.org within thirty (30) days after the date of shipment of the Product by Athena Club. We will refund you the amount paid for your most recent month. Shortly after our receipt of your demand (normally within five (5) business days), we will issue a refund (minus all shipping and handling fees related to purchase of the Product, which are non-refundable) to the payment method you used to make your initial purchase of the Product. Nonetheless, Athena Club does not decide when a specific credit card or payment method company processes a chargeback refund transaction. Please communicate with your credit card or payment method provider if you have any inquiries about the status of the refund credit. Refunds will not be issued for (a) requests received more than thirty (30) days after the date of Product shipment or (b) returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
Payment Methods and Automated Subscription Renewals.
We accept the following forms of payment: Visa, MasterCard, American Express, Discover, plus any other Payment Methods noted on the Site. You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Site. You consent to pay all costs charged to your Account based on Athena Club’s dues, costs, and billing terms as presented on the payment page of your Subscription page. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Since you are purchasing a Subscription and your order is subject to recurring charges, by clicking “Place Order” and/or “Restart”, you accept our Terms of Service, and you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. Athena Club will automatically renew your Subscription three calendar days before your monthly shipment, bimonthly shipment or biannual shipment depending on the Subscription selections you make. You cannot make changes to your subscription within three calendar days from shipment. Any changes you would like to make, can be made after the then-current order ships and will apply to the following shipment.
Each Subscription renewal period is for one month, two months or six months. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Sales tax will be added to the price of purchases as deemed required by the State you are making a purchase from. You are responsible for any shipping and handling fees that may apply to your order of a Product or Subscription based on the shipping address you provide under your Subscription, and you authorize us, or a third-party payment processing provider to charge your chosen payment method for such taxes, or predetermined fees. All payments must be made in advance of shipment of any Products, and must be made monthly, bimonthly or biannually to uphold your Subscription. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. If your payment method cannot be processed or charged for any given reason at the time of your recurring charge, Athena Club reserves the right to suspend or terminate your Subscription and Account and terminate these Terms of Service. All payments shall be made in U.S. dollars.
Your credit card or payment method issuer may, at its sole discretion, send Athena Club and Athena Club’s third-party payment processing provider updated payment method information from your credit card or payment method issuer. Athena Club and Athena Club’s third-party payment processing provider are not responsible for the distribution of your credit card or payment method information. You may have the right to opt out of this update service, but it is your responsibility to contact your credit card or payment method issuer regarding your right to opt out of the update service.
From time to time, we may provide you credits of promotional value that will be automatically applied to your next eligible order under your Subscription (“Credits”). Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits automatically expire upon the earlier of (a) [three (3) years] after the date such Credits are issued and (b) the effective date of cancellation of your Subscription. That means that if you cancel your Subscription, all Credits associated with the cancelled Subscription will immediately expire. You may only redeem Credits after they are applied to your Account. Credits, the number of Credits, and the redemption value of Credits and any restrictions on the use of Credits, are issued at Athena Club’s sole discretion. Athena Club reserves the right, in its sole discretion, to void any Credits or to cancel, suspend, terminate or modify any aspect of the Credit program with or without cause, with or without notice. If Credits are used for your first order, your next shipment will automatically be processed as per the above terms in “Subscription Renewals”.
SUBSCRIPTION CANCELLATION POLICY.
You may cancel any Subscription by logging on to your Account at any time and following the prescribed steps. We must receive cancellation requests submitted via your Account page on the Site at least three calendar days prior to your next shipment in order for that order to not be charged. Cancellation requests submitted after that date will take effect at the next automatic payment renewal date (monthly, bimonthly or biannually). Cancellation requests received by Athena Club through other mediums may take up to five (5) days to process after receipt of such request. If you have any issues or difficulties, please email email@example.com. After cancellation of your Subscription, your Subscription benefits will continue until the end of the then-current Subscription term for which you have paid. Athena Club will not issue any prorated refunds for any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
SHIPPING AND SUBSCRIPTION OPTIONS.
The shipment date will be determined according to the date of your first order. We will ship out on the next Tuesday after billing. Shipping is handled by a third party carrier. Any shipping times shown on the Site are estimates only. Actual delivery dates may vary. Title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party carrier.
You have the ability to temporarily skip months on your Subscription (“Skip Period”). During the Skip Period, your Subscription will remain active and Athena Club will continue to send you communications and newsletters via email or other medium. However, you will not receive any Products or be charged during the Skip Period. You can place your Subscription on a Skip Period for a one to six-month period. You may restart the shipment of Products by logging into your Account and resuming shipping either immediately or on your original ship date. You may email any questions about the Skip Period to firstname.lastname@example.org.
In order to sign up for the Services, you will need to register for an Athena Club account (“Account”) with your email address or log in through your Facebook account. By creating an Account, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the security of your password and be solely responsible for the activity that occurs on your Account (including any unauthorized access to your Account) and the information you provide to us, and (d) immediately notify us of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You shall not use any other person’s email address to register for an Account. If you use the Services through your Facebook ID, you hereby grant us the right to access certain information from such account for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account settings.
PROPRIETARY RIGHTS AND LICENSE
All materials on the Site, including all Product descriptions, written posts and comments, videos, audio clips, text, graphics, logos, images, photographs, artwork, interactive features generated, provided, or otherwise made accessible on or through the Services, derivative works and any other material or information published on or used in connection with the Site (collectively, the “Site Content”) are the property of Athena Club or its licensors, excluding User Content. The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved. Any use of the Site Content not permitted under these Terms of Service is strictly forbidden. If you make any use of the Site Content not permitted by these Terms of Service, we may automatically terminate and cancel your authorization to visit the Site and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site. We reserve the right to remove, edit, or block any Site Content in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of Athena Club. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of third-party owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Site Content. However, such license is subject to these Terms of Service and does not include any right to (a) sell, resell or use commercially the Site or Site Content; (b) distribute, publicly perform or publicly display any Site Content; (c) modify or otherwise make any derivative uses of the Site or Site Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Site or Site Content, except as expressly permitted by us; or (f) use the Site or Site Content other than for their intended purposes. Any use of the Site or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time.
Restrictions on Use.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Service and will not (a) use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner; (b) develop any third party applications that interact with Site Content or the Site without our prior written consent; (c) engage in any harassing, abusive, threatening, or intimidating conduct; (d) use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service or applicable law; (e) use or attempt to use another user’s account without authorization from such user and Athena Club; (f) reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Site Content, area or code of the Site; or (g) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
USER CONTENT AND FEEDBACK.
The Site may include interactive features and areas that allow you to add, create, upload, submit, distribute, or post content, including feedback, suggestions, and ideas (collectively, “User Content”). You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site. You hereby grant Athena Club a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, aggregate, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display, create derivative works of, and otherwise fully exploit your User Content, except as otherwise prohibited by applicable law or these Terms of Service. You waive any right to compensation of any type for your User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Content by Athena Club does not violate any law. If you post User Content to any public forum on the Site, you acknowledge that third parties may see your User Content, draw inferences, and make judgments based on the User Content. Posting to a public forum requires your judgment, and you are responsible for all your User Content and your conduct in connection with the Site. You may not upload to, distribute, or otherwise publish through the Site any content which (a) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; (b) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; (c) may constitute or encourage a criminal offense or violate the rights of any party; or (d) may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
THIRD PARTY SERVICES.
From time to time, the Site may contain links to web sites that are not owned, operated or controlled by Athena Club. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Athena Club is not responsible for any content, materials or other information located on or accessible from any other web site. Athena Club does not endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Site, you do so entirely at your own risk.
Notwithstanding anything contained in these Terms of Service, we reserve the right, in our sole discretion and without notice, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ATHENA CLUB NOR ANY OF ITS LICENSORS OR PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND ATHENA CLUB MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH SITE CONTENT, INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY LAWS, OR MISAPPROPRIATION.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE TAKE CERTAIN MEASURES TO HELP ENSURE THAT THE SITE IS GENERALLY AVAILABLE WITHOUT SIGNIFICANT INTERRUPTION, EXCEPT FOR ANY SCHEDULED DOWNTIME NEEDED TO HELP MAINTAIN EFFECTIVE OPERATION OF THE SITE. HOWEVER, DIFFICULTIES WITH HARDWARE, SOFTWARE AND EQUIPMENT AND SERVICES SUPPLIED BY OTHERS MAY RESULT IN SERVICE INTERRUPTIONS. IN NO EVENT WILL ATHENA CLUB BE LIABLE TO ANY PARTY FOR ANY LOSS, COST OR DAMAGE THAT RESULTS FROM ANY PERIOD OF DOWN TIME SUFFERED BY THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542 OR ANY OTHER SIMILAR LAW OF ANY JURISDICTION, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO 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.
HEALTH CARE DISCLAIMER.
ALL FEATURES OF THE SERVICES, INCLUDING, WITHOUT ANY LIMITATION, ALL SITE CONTENT, ARE FOR GENERAL INFORMATION PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION OFFERED THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ACCURATE KNOWLEDGE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THESE SERVICES CANNOT BE USED FOR MEDICAL INFORMATION, DIAGNOSIS, TREATMENT OR PRESCRIPTION. RELIANCE, OR ASSURANCE, ON ANY INFORMATION OFFERED THROUGH THE SERVICES IS FULLY AT YOUR OWN RISK. NO PATIENT/DOCTOR RELATIONSHIP OF ANY TYPE IS CREATED THROUGH THE USE OF THE SERVICES. THE SERVICES CANNOT BE USED AS AN ALTERNATIVE FOR MEDICAL SERVICES OR EMERGENCY HELP AND CANNOT BE USED IN THE OCCURRENCE OF A HEALTH EMERGENCY. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the Services.
You hereby agree to defend, indemnify, and hold us, our affiliates, and each of our and their respective directors, officers, employees, agents, partners, suppliers and licensors harmless from and against all claims damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) relating to or arising from (a) any User Content made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use or misuse of the Services and any activity on your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account; (c) any violation by you of these Terms of Service; or (d) your violation of the rights of another or applicable law. You further agree that we shall have the right, at our sole discretion, to control the defense or settlement of any third party claims, in which event you will assist and cooperate with us.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE; (B) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF SITE CONTENT; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES. IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, GOODWILL, USE OR DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IF THE DISCLAIMER OF LIABILITY IN THESE TERMS IS INEFFECTIVE YOU AGREE THAT OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY CLAIM RELATED TO THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED $100. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY SITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
ARBITRATION CLAUSE & CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IN THE UNLIKELY EVENT THAT ATHENA CLUB HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY OR IN SMALL CLAIMS COURT, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY ATHENA CLUB CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO OUR RELATIONSHIP WITH YOU, THESE TERMS OF SERVICE, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN NEW YORK, NEW YORK UNDER THE COMMERCIAL RULES THEN IN EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN. THE AWARD RENDERED BY THE ARBITRATOR SHALL INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING ATHENA CLUB FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PROTECT ANY OF OUR PROPRIETARY INTERESTS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND ATHENA CLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You and Athena Club agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned. Notwithstanding this Section 15, either you or Athena Club may bring an individual action in small claims court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.
If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable. Further, the waivers set forth in this Section 15 are severable from the other provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law.
GOVERNING LAW AND JURISDICTION.
These Terms of Service, your access to and use of the Services and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to change these Terms of Service or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time upon notice. We may give notice by posting the updated Terms of Service on the Site, notifying you directly or by any other reasonable means. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. The terms in effect at the time of your use of the Services or your Account apply; updated Terms of Service are binding on you with respect to your use of the Services on or after the effective date indicated in the updated Terms of Service. If you do not agree to the updated Terms of Service, you must stop using the Services, Site Content and any Account you may have. Your continued use of the Services, Site Content and your Account after the effective date of the updated Terms of Service will constitute your acceptance of the updated Terms of Service
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to Athena Club Legal, who can be reached at email@example.com or at:
DMCA Designated Agent
All of the Site Content is subject to the copyright laws of the United States and other applicable jurisdictions and Athena Club, its users, or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the DMCA Designated Agent list above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Athena Club to locate the material.
- Information reasonably sufficient to permit Athena Club to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Athena Club intend that the provisions of these Terms of Service be enforced to the fullest extent permitted by applicable law. Accordingly, you and Athena Club agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Athena Club may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service or assign, transfer, or sublicense your rights, if any, to access or use the Services, Site Content or any Account you may have, and any attempt by you to do so is void. Athena Club’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Athena Club if it is in a written document signed by Athena Club. These Terms of Service (including any incorporated terms) constitute the entire agreement between you and Athena Club with respect to your Account, the Services, Site Content, and Products purchased through the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to your Account, the Services, Site Content, and Products purchased through the Site. Both you and Athena Club warrant to each other that, in entering these Terms of Service, neither Athena Club or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Service. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Athena Club, or Athena Club’s successors and permitted assigns, will have any right to enforce any of these Terms of Service. These Terms of Service do not create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. Whenever you visit the Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site, or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Health Disclaimer: The Owl
All features of the services, including, without any limitation, all site content, are for general information purposes only. You should not rely on the information offered through the services as a substitute for, nor does it replace, accurate knowledge, professional medical advice, diagnosis, or treatment. These services cannot be used for medical information, diagnosis, treatment or prescription. Reliance, or assurance, on any information offered through the services is fully at your own risk. No patient/doctor relationship of any type is created through the use of the services. The services cannot be used as an alternative for medical services or emergency help and cannot be used in the occurrence of a health emergency. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the services.