Effective Date: February 1, 2020
buddhi PBC (“buddhi”, “we”, “our”, “us”) offers a community connection, resources and wellness registry, including mobile applications and websites related to such platform.
The following terms of use (“Terms of Use”), in connection with the Privacy Policy, represent a legal agreement and govern all use of (1) the www.hibuddhi.com website (the “Site”), which is owned by buddhi PBC; (2) our mobile applications to which these Terms of Use apply (the “Application”); and/or (3) any of the Services offered by buddhi made available through the Site or the Application (together, with the Site and the Application, the “Services”).
Please review these Terms of Use as they govern your use of the Services. BY ACCESSING, BROWSING, OR USING THE SERVICES, OR BY CLICKING TO AGREE TO THESE TERMS OF USE WHEN THAT OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION AND WILL COMPLY WITH ALL APPLICABLE LAWS. IF YOU DO NOT AGREE THEN PLEASE DO NOT USE OR ACCESS THE SERVICES. WE WILL DETERMINE YOUR COMPLIANCE WITH THESE TERMS OF USE IN OUR SOLE DISCRETION AND OUR DECISION WILL BE FINAL AND BINDING.
buddhi controls and operates the Services from its offices within the United States. Claims relating to, including the use of, the Services, buddhi Content (as defined below), these Terms of Use and the Content (as defined below) contained herein are governed by the laws of the United States and the State of DE, without regard for its conflicts of law provisions. buddhi and you agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of these Services shall be filed only in the state or federal courts located in DE, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action that is not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use these Services. If you choose to access these Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
The Services offer an online wellness registry, resources, and a marketplace for Users (as defined below) related to, among other things, mental health support, nutritional guidance, holistic healing tips, stress reduction, and an interactive community. Our Services are only available to individuals at least 18 years of age, who can form legally binding contracts under applicable law.
Users of our Services include individuals who are currently undergoing cancer treatment or caring for someone in active treatment, recovering from cancer treatment or have experienced cancer as a caregiver or loved one, and/or friends and family that care for someone touched by cancer or want to learn more about general wellness (collectively, “Members” and each individually a “Member”), and companies and other third parties offering products and services (collectively, “Vendors” and each individually a “Vendor”) (together, with Members, are referred to collectively, herein as “Users”). Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers. Find out more about our Services here.
We are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral venue and digital clearinghouse where Users may connect for particular types of services or products. We are not involved in or a party to the actual transaction between Users. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
If you wish to use buddhi’s Services, you might be requested to provide buddhi, its third party service providers and/or its customers with certain information, including information about your identity, e-mail address, physical address, birthdate, and such similar information. We may (or through an analytic service), either incidentally during the course of business or with your permission, also access your name, email address, mobile device number, collect other third party data about you, and collect other information as we may request from time to time, (collectively, the “Personal Information”). Please see our Privacy Policy here for further details. The information collected by analytic services, including, without limitation Personal Information, is anonymous and aggregated. We reserve the right to use this information for any lawful business purpose, including selling or sharing the aggregated and anonymized data collected, whether by us or a third party service provider. We may also use this aggregated and anonymized data to analyze trends or seek third party advertisers.
The Services may also contain links to third party websites that are not owned or controlled by buddhi. buddhi makes no representations or warranties regarding any websites, information or content that may be accessible through the Services that is not maintained, controlled or created by buddhi. Further, buddhi assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites. buddhi will not censor or edit the content of any third-party websites. Additionally, because buddhi does not control non-buddhi sites or the products advertised therein, you acknowledge and agree that buddhi is not responsible for the availability of such non-buddhi sites, products, or services, and is neither responsible nor liable for any content, advertising, products, services or other materials on or available from such sites. In no event shall any reference to any non-buddhi site, product or service be construed as an approval or endorsement by buddhi of such site, product or service. Please see our Privacy Policy for further details. By using the Services, you expressly relieve buddhi from any and all liability arising from your use of any third-party website.
As a Member, you acknowledge that while we provide you with the option to select and/or purchase services from Vendors when you register for memberships or create a registry on our Services, we cannot and will not guarantee each Vendor’s identity, capabilities, the pricing of each Vendor’s products or services, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organizations that provide the products and services you need, then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms of Use and, in such event, “you” and “your” refer to that company or other entity.
As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.
We may offer different types of paid and free memberships or subscriptions.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The information you provide us is subject to our Privacy Policy.
In using the Services, you agree that:
If you are a Vendor, you expressly agree not to:
You are authorized to use the Services and the Content therein, solely for your own personal and non-commercial use, and all other uses are prohibited. You agree neither to use the Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password in order to use the Services.
You are solely responsible for any and all activity that occurs on your account and mobile device, and you must keep your password and mobile device secure. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms of Use or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your Personal Information on your mobile device or from unauthorized or fraudulent transactions associated with your account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, or if your mobile device is stolen or lost, you must contact us immediately at help@hibuddhi.com.
The Services are not intended to provide instructions in the event of a medical emergency. If you believe you may have a medical emergency, call 911 or your local emergency medical system immediately. The Services are not an attempt to practice medicine or provide specific medical advice, nor does the use of the Services constitute the provision of treatment to a user or establish a doctor-patient relationship. For medical treatment or answers to personal questions, we strongly encourage you to consult with a qualified health care provider. For advice about your own care, please consult with your doctor. The Services are for your own general, personal, and educational purposes. The Services should not be used as a substitute for a visit with, or the diagnosis or treatment by, a qualified health care provider. Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion. Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Services.
The Services are not intended to provide a substitute for your own sound and reasonably prudent judgment, and are not intended to be for diagnosis purposes. Members assume full responsibility for the use of the Services, materials and other information provided, and agree that buddhi, and its representatives are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services obtained or used by you is solely at your own risk except as provided by law.
You will be required to create an account and specify a password in order to use certain services or features on the Services. To create an account, you must be at least 18 years old and you must provide truthful, accurate, and complete information about yourself. Do not try to and do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. buddhi is not responsible or liable for any inaccurate information you provide.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.
There are currently no fee-based accounts for our Services. We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. Your credit card will not be charged unless and until you agree to use that fee-based service and/or to incur a charge with us. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
You will be asked to select a password upon creation of an account. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
We reserve the right to take such action in our discretion to help ensure the security of the Services, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of buddhi under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by buddhi’s breach of the express terms of these Terms of Use, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.
This Terms of Use is effective until terminated by either party. We may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Services in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
You may stop using the Services, account, and terminate the Terms of Use at any time by contacting us at team@hibuddhi.com and providing sufficient information for us to verify your identity. Your termination of these Terms of Use will not affect any of our rights or your obligations arising under these Terms of Use prior to termination.
Upon termination of these Terms of Use, you shall destroy all Content obtained from the Services and all related documentation thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from buddhi if in buddhi’s sole discretion you fail to comply with any provision of the Terms of Use, if we are required to do so by law, or if we no longer make the Services available for any reason or no reason. Further, except as otherwise required by law, upon termination buddhi will retain all information and data utilized with the Services, including all Content and Personal Information utilized therewith.
Provisions of these Terms of Use that, by their nature, should survive termination of these Terms of Use will survive termination of these Terms of Use.
You represent and warrant that all communications you cause to be sent through the Services shall at all times comply with all applicable local, state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.
To permanently cease receiving text messages from buddhi, reply STOP to any buddhi message. You can also adjust your settings through the Services.
You may sign up to receive certain buddhi notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at help@hibuddhi.com. If you withdraw your consent to receive Communications electronically, we may decide, in our sole discretion, to close your account, in which case you will no longer be able to use your account or the Services, except as expressly provided in these Terms of Use. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Site or Application.
In order to access and retain Communications provided to you electronically, you must have: (1) a valid e-mail address; (2) a computer or other mobile device (such as a tablet or smart phone) that operates on a platform like Windows or macOS; (3) a connection to the Internet; (4) software that will connect you to the Internet and the Application and Site; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader X or higher, or Apple Preview 10 or higher; (6) a computer or device and an operating system capable of supporting all of the above; (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Message and data rates may apply. You agree that if the mobile telephone number you provide at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY buddhi of any such reassignment or termination by sending an email to help@hibuddhi.com. All charges are billed by and payable to your mobile service provider. buddhi does not charge for sending or receiving text messages. Data obtained from you in connection with the Services may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Services. All data obtained is subject to our Privacy Policy.
You acknowledge that any text messages you receive from buddhi are distributed via third-party mobile network providers. As a result, buddhi cannot control certain factors relating to message delivery. You further acknowledge that neither buddhi nor your wireless carrier is liable for delayed or undelivered text messages.
We may provide opportunities for you to post text, photographs, videos, links, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive, right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services. You hereby acknowledge and agree that your relationship with buddhi is not a confidential, fiduciary or other special relationship and that your decision to submit any Content does not place buddhi in a position of trust regarding such Content.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. You further release and discharge buddhi, any owners and/or operators, of the Site or Application, their respective affiliates, subsidiaries, employees, agents, successors and assigns from any and all claims that you might have in connection with the use, publication, display, reproduction, distribution or exploitation of the Content.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
By submitting any Content to buddhi, you represent and warrant that:
You further agree and warrant that you shall not submit any Content:
buddhi reserves the right to change, condense or delete any Content that buddhi deems, in its sole discretion, to violate the Privacy Policy or any provision of these Terms of Use. buddhi does not guarantee that you will have any recourse through buddhi to edit or delete any Content you have submitted. buddhi reserves the right to remove or to refuse to post any Content for any reason. You acknowledge that you, not buddhi, are solely responsible for the Contents and the consequences of posting or publishing them. buddhi has taken reasonable steps to ensure the confidentiality of information collected in the Services and any Content. However, unexpected changes in technology may be used by unauthorized third-parties to intercept confidential information and buddhi cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify buddhi as follows:
Address:
625 W. Adams St.
19th Floor
Chicago, IL 60661
E-Mail Address:
help@hibuddhi.com
Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to buddhi for certain costs and damages.
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with generally accepted industry standards that are designed to guard the Services, our systems, and Content provided by our Users. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Policy.
Do not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms).
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take appropriate legal actions.
Using our Services does not give you ownership of any intellectual property rights to the buddhi Content or any other content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
We want all Users to feel welcome and included on our Services. As such, buddhi prohibits discrimination by Users against other Users, guests, visitors, or any other party (“Protected Class”) on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law (“Protected Characteristic”).
Such discrimination includes, but is not limited to, doing any of the following:
buddhi will take steps, in its sole discretion, to enforce this policy, up to and including the suspension from the Services of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to Members of all backgrounds. Vendors who, in buddhi’s belief, demonstrate a pattern of refusing to provide goods or services to Members who are within a Protected Class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended in buddhi’s sole discretion. If you experience discrimination from any guest, User, buddhi employee, licensor, or visitor, please contact help@hibuddhi.com, with the subject “Non-Discrimination Policy”, so we can investigate and take appropriate measures.
buddhi reserves the right to suspend any User’s access to the Services and cancel the contract of any Vendor who violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory ,or offensive comments on the Services or by taking actions that would tend to reflect poorly on buddhi.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to help@hibuddhi.com. You may also contact us by writing to help@hibuddhi.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Services are intended to be made available only to individuals in the United States, and the information on the Site or Application is only for such persons. Nothing on the Services shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Services and may not accept these Terms of Use if (1) you are not of legal age (either under the laws of the Massachusetts or the laws of the jurisdiction of which you are a resident or from which you use the Site or Application) to form a binding contract with us, or (2) you are a person barred from using the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms of Use, with all rights to enforce such provisions as if such service providers were a party to these Terms of Use.
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Site or Application (the “Additional Terms”), which are hereby incorporated by reference into these Terms of Use. In the event of a conflict between any Additional Terms and these Terms of Use, these Terms of Use will control.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Content that you submit; (2) use of the Services; (3) a breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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 cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR (1) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).
THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES; (2) THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT; (3) ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, (4) ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF BUDDHI’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
IF THERE IS A DISPUTE BETWEEN USERS OF THE SERVICES, OR BETWEEN USERS AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY VENDOR OR GIFTING PARTY, YOU AGREE THAT BUDDHI IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY VENDOR OR GIFTING PARTY, YOU RELEASE BUDDHI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR VENDORS). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER BUDDHI NOR ITS AGENTS OR THIRD PARTY SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, THE CONTENT OF THE SITE, AND THE BUDDHI CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
ALTHOUGH BUDDHI BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, BUDDHI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. BUDDHI DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE SERVICES WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
The Content and buddhi Content on the Services may be out of date and buddhi makes no commitment to update the information on the Services. However, in an effort to provide you with the most current information, buddhi will, from time to time, make changes to the Content and on the Services. Your use of the Services is at your sole discretion and risk.
Any Content or other material downloaded or otherwise obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If the Parties are unable to resolve a any controversy or claim arising out of or relating to the Services, use of the Services, these Terms of Use and/or the Privacy Policy (each a “Dispute”) through informal negotiations, you and buddhi agree that the Dispute (except those Disputes expressly excluded below) shall be settled by binding arbitration to be held in Chicago, Illinois in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. To the extent permitted by law, buddhi shall pay the administrative fees associated with the arbitration, except for the first $300.00 in administrative fees for any arbitration that is initiated by me, and each of us shall separately pay our counsel fees and expenses. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor buddhi shall be entitled to arbitrate their dispute. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly:
There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Agreement in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.
Notwithstanding any other clause or language in this document, Arbitration Agreement and/or any rules or procedures that might otherwise apply by virtue of this document or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.
The Class Action Waiver and any other provision of this Arbitration Agreement shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.
The information contained on the Services, including all text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “buddhi Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, licensed to buddhi, or are otherwise used by buddhi with permission, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, buddhi and our licensors reserve all rights in and to our Services and the buddhi Content. We may, but are not obligated to, monitor your use of the Services and buddhi Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and buddhi Content for (i) your own personal, non-commercial use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or buddhi Content; (b) copy, reproduce, distribute, publicly perform or publicly display buddhi Content, except as expressly permitted by us or our licensors; (c) modify the buddhi Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or buddhi Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or buddhi Content other than for their intended purposes. Any use of our Services or buddhi Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree to the amended Terms, you must stop accessing and using the Services.
buddhi reserves the right, in its sole discretion, to revise these Terms of Use at any time upon posting the amended terms on the Site and/or Application without providing notice to you. The amended terms shall automatically be effective upon posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of the Services following buddhi’s posting of any changes will constitute your acceptance of such changes.
If you believe any materials (“Materials”) on the Services infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Compliance at buddhi (address below) and provide the following information:
buddhi’s agent for notice of copyright or trademark issues on the Services can be reached as follows: leverett@mcdonaldhopkins.com
buddhi shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that buddhi may use information about your demographics and use of the Services in any manner that does not reveal your identity.
If you have questions or comments about this policy, you may email us at help@hibuddhi.com or by post to: buddhi, 625 W. Adams St., 19th Floor, Chicago, IL 60661.
