Last revised on June 10, 2015
Welcome to HUMANS Who Ride, operated by Andrew Horner (the “app” or “HUMANS”).
By accessing the HUMANS Who Ride application or its website found at
www.humanswhoride.com, whether through a mobile device, mobile application or computer
(collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”),
whether or not you create a HUMANS account. If you wish to create a HUMANS account and
make use of the Service, please read these Terms of Use.
You should also read the HUMANS Privacy Policy, which is incorporated by reference into this
Agreement and available in the Service. If you do not accept and agree to be bound by all of the
terms of this Agreement, including the HUMANS Privacy Policy, do not use the Service. Please
contact us with any questions regarding this Agreement.
1 Acceptance of Terms of Use Agreement.
a This Agreement is an electronic contract that establishes the legally binding terms
you must accept to use the Service. This Agreement includes HUMANS’s (i)
Privacy Policy, (ii) our Safety Tips and (iii) terms disclosed and agreed to by you
if you purchase or accept additional features, products or services we offer on the
Service, such as terms governing features, billing, free trials, discounts and
promotions.
b By accessing or using the Service, you accept this Agreement and agree to the
terms, conditions and notices contained or referenced herein and consent to have
this Agreement and all notices provided to you in electronic form. To withdraw
this consent, you must cease using the Service and terminate your account. This
Agreement may be modified by HUMANS from time to time, such modifications
to be effective upon posting by HUMANS in the Service.
2 Eligibility. No part of HUMANS is directed to persons under the age of 13. You must be
at least 13 years of age to access and use the Service. Any use of the Service is void
where prohibited. By accessing and using the Service, you represent and warrant that you
have the right, authority and capacity to enter into this Agreement and to abide by all of
the terms and conditions of this Agreement. If you create an account, you represent and
warrant that you have never been convicted of a felony and that you are not required to
register as a sex offender with any government entity. Using the Service may be
prohibited or restricted in certain countries. If you use the Service from outside of the
United States, you are responsible for complying with the laws and regulations of the
territory from which you access or use the Service.
3 Creating an Account. In order to use HUMANS, you must sign in using your Facebook
login. If you do so, you authorize us to access and use certain Facebook account
information, including but not limited to your public Facebook profile and information
about Facebook friends you might share in common with other HUMANS users. For
more information regarding the information we collect from you and how we use it,
please consult our Privacy Policy.
4 Term and Termination. This Agreement will remain in full force and effect while you use
the Service and/or have a HUMANS account. You may disable your account at any time,
for any reason, by following the instructions in “Settings” in the Service. HUMANS may
terminate or suspend your account at any time without notice if HUMANS believes that
you have breached this Agreement, or for any other reason, with or without cause, in its
sole discretion. Upon such termination or suspension, you will not be entitled to any
refund of unused fees for in app purchases. HUMANS is not required to disclose, and
may be prohibited by law from disclosing, the reason for the termination or suspension of
your account. After your account is terminated for any reason, all terms of this Agreement
survive such termination, and continue in full force and effect, except for any terms that
by their nature expire or are fully satisfied.
5 Non-commercial Use by Users. The Service is for personal use only. Users may not use
the Service or any content contained in the Service (including, but not limited to, content
of other users, designs, text, graphics, images, video, information, logos, software, audio
files and computer code) in connection with any commercial endeavors, such as (i)
advertising or soliciting any user to buy or sell any products or services not offered by
HUMANS or (ii) soliciting others to attend parties or other social functions, or
networking, for commercial purposes. Users of the Service may not use any information
obtained from the Service to contact, advertise to, solicit, or sell to any other user without
his or her prior explicit consent. Organizations, companies, and/or businesses may not
use the Service or the Service for any purpose. HUMANS may investigate and take any
available legal action in response to illegal and/or unauthorized uses of the Service,
including collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of or
linking to the Service.
6 Account Security. You are responsible for maintaining the confidentiality of the username
and password you designate during the registration process, and you are solely
responsible for all activities that occur under your username and password. You agree to
immediately notify HUMANS of any disclosure or unauthorized use of your username or
password or any other breach of security and ensure that you log out from your account at
the end of each session.
7 Your Interactions with Other Users.
a YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH
OTHER USERS. YOU UNDERSTAND THAT HUMANS CURRENTLY DOES
NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS
ON ITS USERS. HUMANS ALSO DOES NOT INQUIRE INTO THE
BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE
STATEMENTS OF ITS USERS. HUMANS MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. HUMANS
RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND
CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER
SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b HUMANS is not responsible for the conduct of any user. As noted in and without
limiting Sections 15 and 17 below, in no event shall HUMANS, its affiliates or its
partners be liable (directly or indirectly) for any losses or damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone else in
connection with the use of the Service including, without limitation, death, bodily
injury, emotional distress, and/or any other damages resulting from
communications or meetings with other users or persons you meet through the
Service. You agree to take all necessary precautions in all interactions with other
users, particularly if you decide to communicate off the Service or meet in person,
or if you decide to send money to another user. In addition, you agree to review
and follow HUMANS's Safety Tips, located in the Service, prior to using the
Service. You understand that HUMANS makes no guarantees, either express or
implied, regarding your ultimate compatibility with individuals you meet through
the Service. You should not provide your financial information (for example, your
credit card or bank account information), or wire or otherwise send money, to
other users.
8 Proprietary Rights. HUMANS owns and retains all proprietary rights in the Service, and
in all content, trademarks, trade names, service marks and other intellectual property
rights related thereto. The Service contains the copyrighted material, trademarks, and
other proprietary information of HUMANS and its licensors. You agree to not copy,
modify, transmit, create any derivative works from, make use of, or reproduce in any way
any copyrighted material, trademarks, trade names, service marks, or other intellectual
property or proprietary information accessible through the Service, without first obtaining
the prior written consent of HUMANS or, if such property is not owned by HUMANS,
the owner of such intellectual property or proprietary rights. You agree to not remove,
obscure or otherwise alter any proprietary notices appearing on any content, including
copyright, trademark and other intellectual property notices.
9 Content Posted by You in the Service.
a You are solely responsible for the content and information that you post, upload,
publish, link to, transmit, record, display or otherwise make available (hereinafter,
“post”) on the Service or transmit to other users, including text messages, chat,
videos (including streaming videos), photographs, or profile text, whether publicly
posted or privately transmitted (collectively, “Content”). You may not post as part
of the Service, or transmit to HUMANS or any other user (either on or off the
Service), any offensive, inaccurate, incomplete, abusive, obscene, profane,
threatening, intimidating, harassing, racially offensive, or illegal material, or any
material that infringes or violates another person’s rights (including intellectual
property rights, and rights of privacy and publicity). You represent and warrant
that (i) all information that you submit upon creation of your account, including
information submitted from your Facebook account, is accurate and truthful and
that you will promptly update any information provided by you that subsequently
becomes inaccurate, incomplete, misleading or false and (ii) you have the right to
post the Content on the Service and grant the licenses set forth below.
b You understand and agree that HUMANS may, but is not obligated to, monitor or
review any Content you post as part of a Service. HUMANS may delete any
Content, in whole or in part, that in the sole judgment of HUMANS violates this
Agreement or may harm the reputation of the Service or HUMANS.
c By posting Content as part of the Service, you automatically grant to HUMANS,
its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive,
transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use,
copy, store, perform, display, reproduce, record, play, adapt, modify and distribute
the Content, (ii) prepare derivative works of the Content or incorporate the
Content into other works, and (iii) grant and authorize sublicenses of the
foregoing in any media now known or hereafter created. You represent and
warrant that any posting and use of your Content by HUMANS will not infringe
or violate the rights of any third party.
d In addition to the types of Content described i n Section 9(a) above, the following
is a partial list of the kind of Content that is prohibited in the Service. You may
not post, upload, display or otherwise make available Content that:
▪ that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
▪ advocates harassment or intimidation of another person;
▪ requests money from, or is intended to otherwise defraud, other users of
the Service;
▪ involves the transmission of “junk mail”, “chain letters,” or unsolicited
mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or
similar activities);
▪ promotes information that is false or misleading, or promotes illegal
activities or conduct that is defamatory, libelous or otherwise
objectionable;
▪ promotes an illegal or unauthorized copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture- installed copy-protect
devices, or providing pirated images, audio or video, or links to pirated
images, audio or video files;
▪ contains video, audio photographs, or images of another person without
his or her permission (or in the case of a minor, the minor’s legal
guardian);
▪ contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
▪ provides material that exploits people in a sexual, violent or other illegal
manner, or solicits personal information from anyone under the age of 18;
▪ provides instructional information about illegal activities such as making
or buying illegal weapons or drugs, violating someone’s privacy, or
providing, disseminating or creating computer viruses;
▪ contains viruses, time bombs, trojan horses, cancelbots, worms or other
harmful, or disruptive codes, components or devices;
▪ impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;
▪ provides information or data you do not have a right to make available
under law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information);
▪ disrupts the normal flow of dialogue, causes a screen to “scroll” faster than
other users are able to type, or otherwise negatively affects other users’
ability to engage in real time exchanges;
▪ solicits passwords or personal identifying information for commercial or
unlawful purposes from other users or disseminates another person’s
personal information without his or her permission; and
▪ publicizes or promotes commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
e HUMANS reserves the right, in its sole discretion, to investigate and take any
legal action against anyone who violates this provision, including removing the
offending communication from the Service and terminating or suspending the
account of such violators.
f Your use of the Service, including all Content you post through the Service, must
comply with all applicable laws and regulations. You agree that HUMANS may
access, preserve and disclose your account information and Content if required to
do so by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this
Agreement; (iii) respond to claims that any Content violates the rights of third
parties; (iv) respond to your requests for customer service or allow you to use the
Service in the future; or (v) protect the rights, property or personal safety of
HUMANS or any other person.
g You agree that any Content you place on the Service may be viewed by other
users and may be viewed by any person visiting or participating in the Service.
10 Prohibited Activities. HUMANS reserves the right to investigate, suspend and/or
terminate your account if you have misused the Service or behaved in a way HUMANS
regards as inappropriate or unlawful, including actions or communications the occur off
the Service but involve users you meet through the Service. The following is a partial list
of the type of actions that you may not engage in with respect to the Service. You will
not:
◦ impersonate any person or entity.
◦ solicit money from any users.
◦ post any Content that is prohibited by Section 9.
◦ “stalk” or otherwise harass any person.
◦ express or imply that any statements you make are endorsed by HUMANS
without our specific prior written consent.
◦ use the Service in an illegal manner or to commit an illegal act;
◦ access the Service in a jurisdiction in which it is illegal or unauthorized;
◦ ask or use users to conceal the identity, source, or destination of any illegally
gained money or products.
◦ use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, “data mine”, or in any way
reproduce or circumvent the navigational structure or presentation of the Service
or its contents.
◦ collect usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email or unauthorized framing of or linking to
the Service.
◦ interfere with or disrupt the Service or the servers or networks connected to the
Service.
◦ email or otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
◦ forge headers or otherwise manipulate identifiers in order to disguise the origin of
any information transmitted to or through the Service (either directly or indirectly
through use of third party software).
◦ “frame” or “mirror” any part of the Service, without HUMANS's prior written
authorization.
◦ use meta tags or code or other devices containing any reference to HUMANS or
the Service (or any trademark, trade name, service mark, logo or slogan of
HUMANS) to direct any person to any other website for any purpose.
◦ modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service any software used on or for the
Service, or cause others to do so.
◦ post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any
manner or media any content or information obtained from the Service other than
solely in connection with your use of the Service in accordance with this
Agreement.
11 Customer Service. HUMANS provides assistance and guidance through its customer care
representatives. When communicating with our customer care representatives, you agree
to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially
offensive, or to not otherwise behave inappropriately. If we feel that your behavior
towards any of our customer care representatives or other employees is at any time
threatening or offensive, we reserve the right to immediately terminate your account.
12 In App Purchases. From time to time, HUMANS may offer additional products and
services for purchase through the App Store ℠, Google Play or other application
platforms (“in app purchases”). If you choose to make an in app purchase, you will be
prompted to enter details for your account with the mobile platform you are using (e.g.,
Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for
the in app purchase in accordance with the terms disclosed to you at the time of purchase
as well as the general terms for in app purchases that apply to your IAP Account. In app
purchases may include a free trial period. At the end of the free trial period, you will be
charged the price of the subscription and will continue to be charged until you cancel
your subscription. To avoid any charges, you must cancel before the end of the trial
period. If you purchase an auto-recurring periodic subscription through an in app
purchase, your IAP Account will be billed continuously for the subscription until you
cancel in accordance with the platform terms. In call cases, please refer to the terms of
your application platform which apply to your in app purchases.
13 Modifications to Service. HUMANS reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that HUMANS shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. To protect the integrity of the
Service, HUMANS reserves the right at any time in its sole discretion to block users from
certain IP addresses from accessing the Service.
14 Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written consent
of the owner of such proprietary rights. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
◦ an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
◦ a description of the copyrighted work that you claim has been infringed;
◦ a description of where the material that you claim is infringing is located on the
Service (and such description must be reasonably sufficient to enable HUMANS
to find the alleged infringing material, such as a url);
◦ your address, telephone number and email address;
◦ a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
◦ a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
15 Notice of claims of copyright infringement should be provided to HUMANS.
16 Disclaimers.
a You acknowledge and agree that neither HUMANS nor its affiliates and third
party partners are responsible for and shall not have any liability, directly or
indirectly, for any loss or damage, including personal injury or death, as a result
of or alleged to be the result of (i) any incorrect or inaccurate Content posted in
the Service, whether caused by users or any of the equipment or programming
associated with or utilized in the Service; (ii) the timeliness, deletion or removal,
incorrect delivery or failure to store any Content, communications or
personalization settings; (iii) the conduct, whether online or offline, of any user;
(iv) any error, omission or defect in, interruption, deletion, alteration, delay in
operation or transmission, theft or destruction of, or unauthorized access to, any
user or user communications; or (v) any problems, failure or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any
website or combination thereof, including injury or damage to users or to any
other person’s computer or device related to or resulting from participating or
downloading materials in connection with the Internet and/or in connection with
the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW, HUMANS PROVIDES THE SERVICE ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH
RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED
THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HUMANS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY
DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
b ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION
WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER
SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR
LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT
ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED
TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
c From time to time, HUMANS may make third party opinions, advice, statements,
offers, or other third party information or content available through the Service.
All third party content is the responsibility of the respective authors thereof and
should not necessarily be relied upon. Such third party authors are solely
responsible for such content. HUMANS DOES NOT: (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY
CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT,
ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO
CIRCUMSTANCES WILL HUMANS OR ITS AFFILIATES BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING
FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
d In addition to the preceding paragraph and other provisions of this Agreement,
any advice that may be posted in the Service is for informational and
entertainment purposes only and is not intended to replace or substitute for any
professional financial, medical, legal, or other advice. HUMANS makes no
representations or warranties and expressly disclaims any and all liability
concerning any treatment, action by, or effect on any person following the
information offered or provided within or through the Service. If you have
specific concerns or a situation arises in which you require professional or
medical advice, you should consult with an appropriately trained and qualified
specialist.
17 Links. The Service may contain, and the Service or third parties may provide,
advertisements and promotions offered by third parties and links to other web sites or
resources. You acknowledge and agree that HUMANS is not responsible for the
availability of such external websites or resources, and does not endorse and is not
responsible or liable for any content, information, statements, advertising, goods or
services, or other materials on or available from such websites or resources. Your
correspondence or business dealings with, or participation in promotions of, third parties
found in or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such third party. You further acknowledge and
agree that HUMANS shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of, or
reliance upon, any such content, information, statements, advertising, goods or services
or other materials available on or through any such website or resource.
18 Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE
LAW, IN NO EVENT WILL HUMANS, ITS AFFILIATES, BUSINESS PARTNERS,
LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD
PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS,
CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF
HUMANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
HUMANS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HUMANS FOR THE
SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS
OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF
ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE
TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19 Arbitration and Governing Law.
a The exclusive means of resolving any dispute or claim arising out of or relating to
this Agreement (including any alleged breach thereof) or the Service shall be
BINDING ARBITRATION administered by the American Arbitration
Association. The one exception to the exclusivity of arbitration is that you have
the right to bring an individual claim against HUMANS in a small-claims court of
competent jurisdiction. But whether you choose arbitration or small-claims court,
you may not under any circumstances commence or maintain against HUMANS
any class action, class arbitration, or other representative action or proceeding.
b By using the Service in any manner, you agree to the above arbitration agreement.
In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or
defend any claims between you and HUMANS (except for matters that may be
taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE
OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator
can grant any relief that a court can, but you should note that arbitration
proceedings are usually simpler and more streamlined than trials and other
judicial proceedings. Decisions by the arbitrator are enforceable in court and may
be overturned by a court only for very limited reasons. For details on the
arbitration process, see our Arbitration Procedures.
c Any proceeding to enforce this arbitration a greement, including any proceeding to
confirm, modify, or vacate an arbitration award, may be commenced in any court
of competent jurisdiction. In the event that this arbitration agreement is for any
reason held to be unenforceable, any litigation against HUMANS (except for
small-claims court actions) may be commenced only in the federal or state courts
located in Dallas County, Texas. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
d This Agreement, and any dispute between you and HUMANS, shall be governed
by the laws of the state of Texas without regard to principles of conflicts of law,
provided that this arbitration agreement shall be governed by the Federal
Arbitration Act.
20 Indemnity by You. You agree to indemnify and hold HUMANS, its subsidiaries, and
affiliates, and its and their officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorney's fees, made by any third
party due to or arising out of your breach of or failure to comply with this Agreement
(including any breach of your representations and warranties contained herein), any
postings or Content you post in the Service, and the violation of any law or regulation by
you. HUMANS reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will fully
cooperate with HUMANS in connection therewith.
21 Notice. HUMANS may provide you with notices, including those regarding changes to
this Agreement, using any reasonable means now known or hereafter developed,
including by email, regular mail, SMS, MMS, text message or postings in the Service.
Such notices may not be received if you violate this Agreement by accessing the Service
in an unauthorized manner. You agree that you are deemed to have received any and all
notices that would have been delivered had you accessed the Service in an authorized
manner.
22 Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific
guidelines or rules that are separately posted for particular services or offers in the
Service, contains the entire agreement between you and HUMANS regarding the use of
the Service. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. The failure of HUMANS to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver of such
right or provision. You agree that your online account is non-transferable and all of your
rights to your profile or contents within your account terminate upon your death. No
agency, partnership, joint venture or employment is created as a result of this Agreement
and you may not make any representations or bind HUMANS in any manner.
23 Amendment. This Agreement is subject to change by HUMANS at any time.