Effective September 30, 2020
Welcome to Perelel.
We provide access to the www.perelelhealth.com website, “the Site”, sell our products to you and offer other services to you (collectively, “Products”), subject to the conditions set out on this page. The Site and the Products are collectively referred to as the “Services”. For purposes of these Terms of Use (“Agreement”), the terms “we,” “us,” and “our” refer to Perelel. “You” refers to you, as a user of our Services.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AS BY USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS.
PLEASE BE AWARE THAT SECTION 35 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND PERELEL. AMONG OTHER THINGS, SECTION 35 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 35 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 35 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
It is your responsibility to review this Agreement periodically. We may revise this Agreement at any time by updating this posting. However, we will not vary this Agreement to retrospectively increase your liability to Perelel. If you access, use or view the Services after revisions have been made, you may be forced to accept the revised Agreement and you will be bound by them; therefore, we advise you to periodically review this page for such revisions. If you do not agree to these terms and conditions, please do not use the Services.
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Your Account
When you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.
Perelel reserves the right to refuse access to the Services, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Subscription Process, Renewal and Cancellation
Currently, we only ship to addresses within the United States. If you purchase a subscription to Perelel Vitamins through our Site, every thirty (30) days, we will send you a shipment containing a thirty (30) day supply of vitamin supplements from us. Our subscription term is thirty (30) days so we make sure that you do not run out of your vitamin supplements at the end of each month. Your subscription will continue, and you will be charged, every thirty (30) days, until you choose to cancel. However, please note that all fees for the Services are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of vitamin supplements but will not refund you any amounts for shipments not received as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product (including taxes) and the cost of shipping and handling for the product we send you as part of your subscription. Your subscription will automatically renew on the first day of each thirty (30) day period and the products in your subscription will be shipped to you at the then-current price. You agree that your account will be subject to this monthly automatic renewal feature and that we may charge your Payment Method (defined below) each month upon shipment, unless you cancel your subscription at least five (5) business days prior to the shipment date by logging into and going to the “Subscriptions” section of “Your Account” page or by emailing us at [email protected]. Before shipment, we will send you a reminder e-mail informing you that your subscription is ready to ship. Again, if you do not cancel, then the products in your subscription will ship and the Charges will be charged to your Payment Method.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and cancel your subscription in the “Subscriptions” section of “Your Account” page or email us at [email protected]. By subscribing, you authorize us to charge your Payment Method now, and again on each subsequent shipment date. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your Payment Method for the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
3. Orders and Billing
You expressly agree that Perelel and its payment platform (Recharge) are authorized to charge you applicable fees, shipping charges and taxes (“Charges”) associated with the products that you order (“Purchase”). To complete a Purchase you will be asked to provide a credit card or other payment method accepted by Perelel (“Payment Method”). Charges for Purchases owed depend on the specific type and quantity of products, delivery location and shipping method ordered and will be identified during the checkout process, and in your receipt. Perelel uses third party services (such as Shopify and Recharge) to process Purchases and Payment Methods. Charges are due at the time of Purchase and are not contingent on any events other than the receipt of the ordered products. You must resolve any Payment Method problems before proceeding with your Purchase. When ordering products or using our Site, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may immediately cease to provide any and all products to you if your Payment Method is not current. Your order will be deemed accepted upon our delivery of the products that you have ordered.
4. Billing and Payments
We accept the following Payment Method: (a) bank or credit cards: Visa, MasterCard, American Express and Discover; (b) electronic payment systems (such as Paypal, Apple Pay, Google Pay) and (b) Perelel gift cards. You may be charged local tax, if applicable. If your Payment Method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts are charged and paid for by you.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Perelel and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card with Perelel, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact [email protected].
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier (delivery providers). If you would like to receive a refund for any reason, please contact us at [email protected]. If you are not completely satisfied with your first pack, you may request a refund within 30 days of delivery. The refund less the cost of shipping will be issued to the same Payment Method (e.g., credit card, store credit, etc.) used to make your purchase following our receipt of the item being returned. If we are unable to issue your refund to the same Payment Method used for the purchase (such as when you cancel or replace your credit card), then we will issue the refund as store credit. Other refunds will be issued by us in our sole discretion.
5. Pricing and Product Availability
Perelel is committed to providing our customers with great quality products. We list availability information for products sold by us on the Site, beyond this we cannot be more specific about availability. We have done our very best to display our items as accurately as possible on the site. Please be aware, variations in style, color, size shape and look may occur. Despite our best efforts, a small number of products on our website may be mis-priced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of that cancellation. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
6. Delivery
Delivery times quoted are estimates only, and they are not guaranteed shipping times and should not be relied upon as such. Perelel, is not be liable for any delivery delays.
7. Consent to Contact
By providing us with your telephone number, whether through the Website, in conjunction with any account, or via any other method(s), you agree that we, and third-parties acting on our behalf, may make or send communications to you at that telephone number, including but not limited to telephone calls, texts (e.g., SMS, MMS, over-the-top (OTT) messaging (iMessage, WhatsApp)), or successor protocols or technologies), and voicemails, and that these communications may be made or sent using an automated system, prerecorded or artificial voice, and/or artificial intelligence (AI). You agree that we may communicate with you at any phone number you provide, including but not limited to communications regarding the Services, your account(s), and/or to respond to a request or inquiry made by you through or in relation to the Services. We may use your telephone number for multi-factor authentication (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve sending texts containing security codes to your telephone number. You agree to receive these texts as part of the MFA process. We may also use your telephone number to contact you for marketing purposes, such as to provide special offers or details regarding Perelel products or services, unless you opt out of such marketing calls/texts. You acknowledge that communications may be made to your telephone number even if registered on any state or federal Do Not Call list. If you opt-in, we may also make or send automated marketing calls and/or texts to your telephone number. You understand that you do not have to agree to receive automated marketing calls/texts as a condition of purchasing any goods or services from us.
You also acknowledge that all communications to or from us and/or third parties acting on our behalf, or otherwise exchanged through the Site, electronically, or by telephone, may be monitored and recorded and you consent to such monitoring and recording.
You are required to notify us of any changes to your contact details, including telephone number(s), to ensure your preferences and contact information are up to date. You verify that you are the current subscriber and/or owner of any telephone number that you provide to us and you are authorized to consent to and receive communications at that telephone number. You are strictly prohibited from providing a telephone number that is not your own.
You may opt-out of automated calls/texts and/or marketing calls/texts from us at any time, by replying “STOP” to any text message you receive from us, by calling us at 855-200-5056, or by emailing us at [email protected] with your request, your name, and the telephone number to which the request pertains. When opting out of texts, you acknowledge and agree to accept a final confirmatory message, which may also seek clarification as to the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls and/or texts. You waive any rights to bring claims for unauthorized or undesired calls/texts resulting from your failure to opt-out immediately. Please allow up to ten (10) business days (unless otherwise required by applicable law) to process any opt-out request. Please note that even if you opt out of automated messages, we reserve the right to make non-automated calls or send non-automated texts to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive communications from us. You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we and our authorized agents and affiliates will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of Perelel, our authorized agents and affiliates, or others due to such unauthorized use.
Texts may only be available to customers of select carriers with compatible handsets. Message frequency will vary. There is no fee to receive texts from us and our authorized agents; however, you may incur a charge for these texts from your telephone carrier or service provider, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Perelel and our authorized agents and affiliates are not responsible for such charges.
8. Privacy
Perelel respects the privacy of its Services users. Please refer to our Privacy Policy, found here: https://perelelhealth.com/pages/privacy-policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement with the Privacy Policy as well as this Agreement.
9. Place of Performance
The Company makes no representation that any product referred to or described in the Services is appropriate for use, or available, outside of the United States. Perelel does not offer the Services or ship any products outside of the United States.
10. Content
We have taken reasonable care in the preparation of the content of made available through our Services. However, to the extent permitted by applicable law, Perelel disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this site.
Perelel shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
11. Links
As a service to our visitors, our Services may contain hypertext links leading to other websites that are not operated or controlled by Perelel. However, even if such third parties are affiliated with Perelel, Perelel has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Perelel. Perelel is not responsible for any material on any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
12. Intellectual Property
You acknowledge and agree that Perelel and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
13. License for Site access
Perelel grants you a limited license to access and make personal use of this Site and for no other purpose. This license does not include any resale or commercial use of the Services or contents; any collection and use of any Services, product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Perelel without express written consent. You may not use any metatags or any other 'hidden text' utilizing our or our affiliates' names or trademarks without the express written consent of Perelel. Any unauthorized use terminates the permission or license granted by Perelel.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at www.perelelhealth.com as long as the link does not portray Perelel, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Perelel logo or other proprietary graphic or trademark, including those of Perelels exclusive brands, as part of the link without our express written consent.
Perelel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.
14. Your Conduct
You must not use the Services in any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way. You must not use the Services for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses/malware/destructive files, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam' to cause annoyance, inconvenience or needless anxiety; or
- for any use or purpose not specifically authorized in this Agreement
15. Copyright and Database Rights
All content included on the Site, such as photographs, text, graphics, logos, button icons, images and software, is the property of Perelel or its subsidiaries, its affiliates or its content suppliers and is protected by Delaware, United States and international copyright and database right laws. The compilation of all content on this Site is the exclusive property of Perelel and its affiliates and is protected by Delaware, United States and international copyright and/or database right laws. All software used with the Services is the property of Perelel or our software suppliers and is protected by Delaware, United States and/or international copyright laws.
16. Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site belong to you and infringe your copyright, you, or your agent, may send to Perelel a written notice by mail, e-mail or fax, requesting that Perelel remove such material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Perelel a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
17. Product Reviews
The Services allow registered users to post reviews, ratings and comments about products purchased through the Site (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by Perelel and do not represent the views of Perelel. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Perelel, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant Perelel a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the content of your Review throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Review available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review. You acknowledge that Perelel may choose to provide attribution of your Review at our discretion. You further grant Perelel the right to pursue at law any person or entity that violates your or Perelel's rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Perelel to publish and otherwise use) your Review as authorized herein.
Perelel reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Perelel is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Perelel does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If Perelel determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, Perelel may remove any Reviews in the event it determines, in its sole discretion, that a Review:
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Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
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Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
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Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
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Provides information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
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May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
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Constitutes mass mailings or "spamming", "junk mail", "chain letters"or "pyramid schemes";
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Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Perelel;
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Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
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Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
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Is unrelated to the topic of the Reviews or products in which such Review is posted; or is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Perelel or its users to any harm or liability of any type.
18. Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ( "Feedback" ) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
19. Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions
Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site or with the Services may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstake, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Perelel urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.
20. Minors and Children
The Services are not intended for use by persons under the age of 18 (“Minors”). Minors should not use the Services without the supervision of a parent or legal guardian, and should not register for an account or submit any personal information to us. By using the Services unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
You are hereby notified that parental control protections, such as computer hardware, software or filtering services, are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Perelel does not endorse any of the products or services identified on such sites.
21. Indemnity
You shall indemnify Perelel and any third party, including our subcontractors, from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the company site or purchase of goods and/or services from that site which are brought or threatened against Perelel or suffered or incurred by Perelel by another person or entity.
22. Events Beyond Our Reasonable Control
Perelel shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes, whether or not involving our employees, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
23. Warranty Disclaimer
THE SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, PERELEL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICES, PLEASE RETURN IN IN ACCORDANCE WITH OUR RETURN AND REFUND POLICY.
24. No Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED WITHIN THE SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION ARE FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PROVIDED THROUGH THE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERELEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR PRODUCT DEFECT, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PERELEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PERELEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LOWER OF: THE AMOUNT ACTUALLY PAID TO PERELEL FOR PRODUCTS IN THE MONTH PREVIOUS TO ANY CLAIM OR USD$50.00. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND PERELEL AND PERELEL WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SET OUT IN THIS CLAUSE, IN WHICH CASE IT MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF PERELEL.
26. Indemnity
You agree to indemnify, defend, and hold harmless Perelel and its employees, contractors, agents, officers and directors, and licensee and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Services, including any Feedback, Reviews or materials transmitted or received by you, any other party’s access or use of the Services with your username and password, or your violation of this Agreement (including our Privacy Policy) or any applicable law, rule, or regulation.
27. Modification of Terms of Use
Subject to subsection 35(13) below, Perelel can amend this Agreement at any time and will update and post the updated Agreement on the Site in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this Agreement. Your continued use of the Site or the Services signifies your acceptance of any updated Agreement. Perelel will endeavor to notify you of material changes to the Agreement by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the site upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. For this additional reason, you should keep your contact and profile information current. Any changes to this Agreement, other than as set forth in this paragraph, or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Agreement on our part via telephonic or email communications shall be valid.
28. Complete Agreement
This Agreement, together with the Perelel Privacy Policy at https://perelelhealth.com/pages/privacy-policy constitutes the entire agreement binding you and Perelel with respect to your use of the Services, and supersedes all prior or contemporaneous understandings, whether written or oral, regarding such subject matter.
29. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
30. Assignments
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Perelel may assign or delegate the Agreement and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.
31. Waiver
If you breach these conditions and we take no action, Perelel will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
32. Severability
Subject to subsection 35(11) below, if any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
33. Termination.
The Terms of Use shall remain effective until terminated as outlined herein. You agree that Perelel in its sole discretion may terminate your password, account, or any part thereof, or use of the Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
34. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the state of California, United States, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent that any lawsuit or court proceeding is permitted under this Agreement, you and Perelel agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating all such disputes (“Courts”). Except for claims subject to binding arbitration, as provided below in Section 35, venue for any claim brought by any party shall exclusively lie in the Courts.
35. Arbitration Agreement
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
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Applicability of Arbitration Agreement. You agree that any dispute, disagreement, controversy or claim arising out of or relating in any way to your access or use of the Services, to any products sold or distributed through the Services, Perelel advertising, communications you receive from Perelel, or to any aspect of your relationship with us (each a “Dispute”), will be resolved by binding arbitration by a single arbitrator, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed that involve facts occurring before the existence of this or any prior versions of the Terms of Use as well as claims that may arise after the termination of these Terms of Use.
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Informal Dispute Resolution. There might be instances when a Dispute arises between you and Perelel. If that occurs, Perelel is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Perelel agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Perelel agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Perelel should be sent by email to [email protected] or regular mail to our offices located at 200 S Barrington Ave #491424 Los Angeles, CA. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Perelel will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
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Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and we agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Perelel should be sent by email to [email protected] or regular mail to our offices located at 200 S Barrington Ave #491424 Los Angeles, CA. Perelel will provide the Demand to your email address on file. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”). Unless you and Perelel otherwise agree, or the Batch Arbitration process discussed in subsection 35(9) is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). You and Perelel agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and Perelel agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
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Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 35(9) is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
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Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
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Waiver of Jury Trial. YOU AND PERELEL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsection 35(1) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
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Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 35(9) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Perelel agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Los Angeles, California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Perelel from participating in a class-wide or mass settlement of claims.
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Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
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Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Perelel agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Perelel by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible. All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Perelel. You and Perelel agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
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30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: [email protected], within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Perelel account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
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Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than subsection 35(9)) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection 35(9) of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Los Angeles, California. You further agree that any Dispute that you have with Perelel as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
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Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
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Modifications. You and we agree that Perelel retains the right to modify this Arbitration Clause in the future. Any such changes will be posted at www.perelelhealth.com and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Perelel makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Perelel Site, Products and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Perelel will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.
36. Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
37. Notices
When you visit www.perelelhealth.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Perelel at the following address: 200 S Barrington Ave #491424 Los Angeles, CA. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
38. Our contact details
Perelel is an incorporated company registered in Delaware, United States.
You can contact us by emailing [email protected].
Or you can contact by mail at our corporate offices:
200 S Barrington Ave #491424 Los Angeles, CA
Effective as of September 30, 2020
Updated April 24, 2025