Terms and Conditions of Use Hydrology

Last Updated: August 20, 2024

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, USING, OR REGISTERING FOR THE APP, ACCESSING THE SITE, OR USING OUR SERVICES.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.

BY DOWNLOADING, USING, OR REGISTERING FOR THE APP OR OTHERWISE USING OR ACCESSING OUR SERVICES YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, DOWNLOAD, REGISTER, OR USE THE SITE, APP, OR ANY OF OUR SERVICES.

1. Acknowledgement and Acceptance

These Terms and Conditions of Use (the “Terms and Conditions”, “Terms”, or “Agreement”) is a binding agreement between you (“User”, “you”, or “your”) and Hydrology Wellness®, LLC (referred to as “Hydrology Wellness®”, “we”, “us”, or “our”) and applies to your access and use of the Hydrology Wellness® website, www.hydrologywellness.com (the “Site”), the Hydrology Wellness® mobile application (the “App”), and any other website, mobile application, and online service or program where these Terms and Conditions are posted, linked, or incorporated by reference (collectively referred to with the Site and App as the “Services”).

2. Registration

In order to access the Site, App, or Services, you may be required to register and create an account (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with these Terms is referred to as the “Registration”). You represent and warrant that all of the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The failure to do so may further limit your ability to use the Services and affect the accuracy and effectiveness of the same.

3. Your Responsibilities and Restrictions.

You may only create and hold one account for the Site or App and our Services for your personal use. You must be at least 18 years old to use or create an account for use of the Site or App. If you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site or App, and your parent or legal guardian must read and agree to this Agreement prior to your using the Site or App.

You also agree that you are responsible for securely managing the confidentiality of any of your account information including, without limitation, any usernames, passwords, personal identification numbers, and any other codes that you use to access our Services. You may not provide your Registration to anyone else to access the Services. You must keep your password strictly confidential. You will notify us immediately if you believe that your Registration \ or device you use to access the Site, App, or Services has been lost or stolen or that someone is using your account without your permission. You should regularly log into the Site, App, and Services to ensure that no unauthorized activity has occurred.

To use the Site or App, you must have the compatible device, and we do not warrant that the Site or App will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Site or App. Use of the Site or App requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to using the Site or App. We reserve the right to withdraw or amend the website and any service, product, solution, or material we provide as part of our Services. We will not be liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to you.

You agree not to attempt to log on to the Site or App from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.

4. Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use and performance of the website, our Services, and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Services, your browser type and version, time zone setting, operating system and platform, and information about your visit to the website including the full Uniform Resource Locators (URL), clickstream to, through and from our website, including the date and time. By visiting and using the website and our Services, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the website and for other development, diagnostic, and corrective purposes in connection with the website and our Services; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.

5. Ownership and Intellectual Property Rights

The Services and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of Hydrology Wellness®, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the website or any Services through this Agreement or by use of the Services. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Services. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Services without our prior written approval.

You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of Hydrology Wellness® and/or our licensors and may be used and sold, licensed, or otherwise provided by Hydrology Wellness® and/or its licensors to third parties, or published or otherwise publicly disclosed, in Hydrology Wellness®’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Hydrology Wellness® any and all of your right, title, and interest in and to any such Ideas.

Apple. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This agreement is between you and Hydrology Wellness® only, not with Apple. We, not Apple, are responsible for the App and the content of it. The license granted to you in this agreement is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.

Google. If you have downloaded the App from the Google Play Store, you (1) you acknowledge that this agreement is solely between you and Hydrology Wellness® only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the App; (iv) Hydrology Wellness®, and not Google, is solely responsible for its App; (v) Google has no obligation or liability to you with respect to the App or this agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this agreement as it relates to the App.

6. Usage Data, Your Data, Communications

In order for us to provide the Services, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Services (“Data”) to the extent necessary for Hydrology Wellness® to: (1) provide the website and our Services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the website or our Services and user engagement; (5) provide, monitor, correct, enhance, and improve the Services; (6) develop new products or services; and (7) accomplish other internal business purposes or as described in our Privacy Policy.

You also grant to Hydrology Wellness® a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that Hydrology Wellness® has and retains exclusive and valid ownership of all Deidentified Data. Hydrology Wellness® shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Services and related systems and technologies (“Usage Data”), and you acknowledge and agree that Hydrology Wellness® has and retains exclusive and valid ownership of all Usage Data. Hydrology Wellness® will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the website and for other development, diagnostic and corrective purposes in connection with the Services and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.

7. SMS Text Messages or Other Communications

From time to time, you may sign up for receiving telephone calls or text messages (SMS and MMS) from us or our authorized third parties through registration, texting a designated shortcode, or scanning any QR code made available to you through us. BY SIGNING UP FOR INTERACTIVE MESSAGING, YOU AGREE AND CONSENT TO RECEIVING MESSAGES AT THE TELEPHONE NUMBER YOU PROVIDE DURING REGISTRATION AND/OR IN COMPLETING A LOAN APPLICATION, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).

You represent and warrant that you are eighteen (18) years of age or older and the primary owner of the telephone number provided. You understand and acknowledge that such telephone calls or text messages may be for telemarketing and advertising purposes relating to our Services or operational purposes (e.g., registration, loan applications, information requests, or confirmations). You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text and/or artificial and/or pre-recorded messaging), and that message and data rates may apply. Consent is not required for your use and access to our Services. MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.

You may unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). Text HELP for help. To the maximum extent permitted by laws: (i) all information contained in SMS text messages is “AS IS” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by any User in connection with the receipt, use, failure of, or inability to use, SMS text messages. After opting out of receiving text messages, you may re-enroll by registration, scanning the applicable QR code, or contacting us via the “Contact Us” information at the end of these Terms.

8. User Conduct

You may use the Services only for lawful purposes and in accordance with the Privacy Policy and Agreement. Transmitting, distributing, or storing any material that violates any applicable law or the Privacy Policy and Agreement is prohibited. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, ay laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.

• To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable.

• To impersonate or attempt to impersonate Hydrology Wellness®, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).

• To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.

• To engage in any other conduct that, as determined by us, may harm us or users of the Services or expose them to liability.

• To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

Additionally, you agree not to:

• Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the website or Services or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (ii) modify, create derivative works based upon, or translate the Services; (iii) transfer or otherwise grant any rights in the Services in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful including, but not limited to, attacking the Services via a distributed denial-of-service attack.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the website or Services is stored, or any server, computer or database connected to or associated with the Services.

• Screen scrape, monitor, mine, copy, mirror, or otherwise conduct any systematic or automatic data collection activities in relation to the Services.

• Otherwise attempt to interfere with the proper working of the Services.

9. Limited Right to Use

Subject to the terms and conditions of the Agreement, Hydrology Wellness® grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for use solely by you and/or your professional organization and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. All rights with respect to the Services not explicitly granted herein are reserved by Hydrology Wellness®.

You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any portion of the Services, use of the Services, or access to the Services. You also agree not to forward, disseminate, or resell the contents of the Services without express permission from Hydrology Wellness®.

10. Fees; Payment

Fees. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site or App.

Payments. Amounts due hereunder shall be paid in the manner established via the Site, App or Registration. Only valid credit cards or other payment method acceptable to Hydrology Wellness® may be used. You represent and warrant that you are authorized to use the designated payment method, and you authorize Hydrology Wellness®, through its third-party payment processor, to charge the designated payment method for all amounts described during the Registration for your order (including taxes, service charges, and any other amounts). You agree that Hydrology Wellness® may immediately authorize the credit card (or other approved facility, including your app store account) for payment for any order made under your account. If the card (or other payment method) cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or cancelled automatically. You are responsible for all activities and charges that occur under your account, and your liability for such charges shall continue after termination of this agreement. You agree to keep all payment cards or other payment method information current, and you agree that Hydrology Wellness® may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. In the event of an error—whether on the Site, App, in an order confirmation, in processing an order, or otherwise—Hydrology Wellness® reserves the right to correct such error and to revise the order if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your use of Google Pay or Apple Pay is subject to the terms and conditions and privacy policies of Google and Apple, respectively.

Taxes. If Hydrology Wellness® is required to collect or pay any taxes in connection with your purchases on the App, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of the App or services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.’’

11. Promotions

Hydrology Wellness® may, in its sole discretion, make promotional offers with different features and different rates available to any or all of our users. Unless made available to you and used pursuant to this agreement, these promotional offers will have no bearing on your obligation to pay the amounts owed. Unless otherwise stated, promotions applied to a purchase will be reflected at checkout and will either be deducted from (1) the subtotal charged, before tax and fees, as part of the authorized charge to the payment instrument(s) associated with your account, or (2) if the promotion is related directly to the fees (e.g., no service charge), deducted from the fee. Promotions are automatically applied toward your future orders using the App. We reserve the right to determine the order in which promotions are applied to transactions and their priority to other promotional codes. We cannot guarantee that the promotions with the earliest expiration dates will be given priority in all transactions, and you agree to monitor your account regularly to verify the status of promotions. Hydrology Wellness® has no obligation to offer or redeem any promotion, including if such promotions are unavailable due to error or technical failure.

Hydrology Wellness® may regulate, modify, and/or eliminate any promotional credits in its sole discretion at any time, with or without notice to you. You cannot use any promotions on past purchases. In some cases, you may not be able to combine promotions with any other promotions or discounts. Some promotions have expiration dates. The expiration date will be displayed on the App. Expired promotions have no value. Further, Hydrology Wellness® does not issue or award retroactive promotions for any reason.

Hydrology Wellness® may display promotions anywhere on the Site or App and will, in its sole discretion, select the promotions that are available to you. Promotions may be limited to select products. Promotions may not be available at all locations. Promotions may require you to select the promotion on the Site or App, require you to enter a promotional code in order to redeem the promotion, require you to add qualifying items to your order, or as otherwise communicated to you on the Site or App.

Promotions may only be redeemed by you and are not transferable to another account. Promotions from separate accounts cannot be combined. Promotions cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public. Promotional credits may never be redeemed or exchange for real money or used outside of the Site or App. Hydrology Wellness® has no obligation to refund you for any unredeemed promotions or any associated benefits following cancellation, suspension or modification of any promotion or your account.

Additional terms and conditions presented at the time of offering may apply for each to any promotion, and you agree to such terms as set forth on the Site or App.

Notwithstanding anything to the contrary and subject to applicable law, Hydrology Wellness® reserves the right to cancel, suspend, and/or modify any aspect of or the entirety of any promotion, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion. We many (1) suspend or terminate promotion, (2) refuse to honor a promotion, and/or (3) withhold or deduct credits or other value obtained, with or without notice, if we, in our sole judgment, determine that you have violated this agreement, engaged in any fraud or abuse relating to the accrual or redemption of promotions, or otherwise acted in a manner inconsistent with the promotion’s intent. Such action may result in the forfeiture of all unredeemed promotions and/or the opportunity to earn and/or redeem additional promotions in the future as well as suspension or termination of your account.

12. DISCLAIMER OF WARRANTIES

THE SERVICES, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SERVICES, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. Hydrology Wellness®, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.

WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR SERVICES. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE OR THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM. WE DOS NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF Hydrology Wellness® AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Hydrology Wellness®, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICES, YOU AGREE THAT THE AGGREGATE LIABILITY OF Hydrology Wellness®, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO Hydrology Wellness® OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Hydrology Wellness®, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Hydrology Wellness® and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Services; (v) your use of the Services; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Services and any termination of the Privacy Policy and Agreement.

If you use the Services to access data of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless Hydrology Wellness® and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Services. 

15. Copyright Notices

Hydrology Wellness® respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Hydrology Wellness® LLC, Attn: DMCA Agent, 1340 S. Dixie Highway, Suite #110, Coral Gables, FL 33146. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Hydrology Wellness® has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

16. Content and Materials

The information on the Services is solely for information purposes only. We use reasonable efforts to update the information on the Services and the content on the Services may be updated from time to time without notice. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information (including any product, service, description, photograph, or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

17. Third-Party Sites, Applications, and Technologies

These Terms are only applicable to the Services and do not apply to any third-party websites, applications, or technologies. The Services may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Services, it may not be clear to you which links are to the Services and which are to external, third-party websites. if you click on an embedded third-party link, you will be redirected away from the Services to the external third-party website. You can check the URL to confirm that you have left the Services. We have no control over the content on such third-party websites. 

If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

18. Governing Law, Mediation, and Arbitration

1. Governing Law: The laws of the State of Florida (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Services, these Terms, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.
2. Venue: The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement that is not required to be resolved under binding arbitration shall be brought and determined exclusively in the appropriate federal or state court in Miami-Dade County, Florida and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court sin any such suit, action, or proceeding arising out of or relating to this Agreement.
3. Mediation: You and Hydrology Wellness® agree that any dispute, claim, or controversy of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms (collectively, “Disputes”) shall first be submitted to non-binding mediation pursuant to the procedure set forth in this paragraph. You may demand such mediation in writing by submitting a Notice of Dispute (the “Notice of Dispute”) within fourteen (14) days after the Dispute arises. Any Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or a Hydrology Wellness® representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address); (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it. You must send any such Notice of Dispute to Hydrology Wellness® by email to: [email protected]. We must send any Notice of Dispute to the email address we have on file for you. You and Hydrology Wellness® agree that any mediation shall be mediated by a mediator selected locally from Miami, Florida. The mediation shall be held in Miami, Florida and concluded within thirty (30) days of the selection of the mediator and within sixty (60) from the date the Notice of Dispute is received by the other party. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation. Compliance with this mediation process is a condition precedent to initiating arbitration. Neither you or Hydrology Wellness® may initiate an arbitration proceeding absent such compliance.
4. Arbitration: Except as otherwise provided herein, You and Hydrology Wellness® agree that any Dispute that is not resolved through the mediation process shall be resolved by binding arbitration. You understand that by this agreement you are giving up the right to bring a claim in court or in front of a jury.
5. Arbitration Rules: The arbitration shall be administered by the American Arbitration Association (“AAA”) and heard by a single, neutral arbitrator. The AAA shall administer the arbitration in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") then in effect, except as modified by the terms of this Agreement. The AAA Rules are available at www.adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of this section. If the AAA is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
6. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If you are initiating arbitration, you shall serve the demand on Hydrology Wellness® by email to: [email protected]. If Hydrology Wellness® is initiating arbitration, Hydrology Wellness® shall serve the demand at the email address that we have on file for you. By signing the Demand for Arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Information Negotiation Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
7. Arbitration Procedure: Unless you and Hydrology Wellness® otherwise agree to conduct any arbitration remotely, the arbitration shall be conducted in Miami-Dade County, Florida. The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must follow this agreement and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and Hydrology Wellness® otherwise agree, one person's claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and Hydrology Wellness® agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief. The AAA Rules shall govern the payment of all arbitration fees. You and Hydrology Wellness® agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in this agreement and (2) issues related to the scope and enforceability of the arbitration provisions.

The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.

If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties are entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

THIS AGREEMENT DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR OTHER RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR. IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.

19. Jury Trial and Class Action Waiver

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND Hydrology Wellness® ACKNOWLEDGE AND AGREE THAT YOU ARE EACH UNCONDITIONALLY WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, DISPUTE, OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS IN ANY WAY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND Hydrology Wellness® MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.

21. Waiver and Severability

No waiver by Hydrology Wellness® of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Hydrology Wellness® to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms will continue in full force and effect.

22. Term and Termination

This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Services and providing us with a notice of termination.

23. Force Majeure

Hydrology Wellness® shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Hydrology Wellness® and not due to Hydrology Wellness®’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.

24. Updates and Changes to These Terms

We may add to, change, update, or modify these Terms and Conditions from time to time in our sole discretion. Should these Terms and Conditions change, we will post all changes to these Terms and Conditions on the Site and/or App and any such changes, updates, or modifications will be effective immediately upon posting on the Site and/or App. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. We may also, in our discretion, notify you of changes to these Terms and Conditions via email. The date on which these Terms and Conditions were last modified is identified at the beginning of these Terms and Conditions.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms and Conditions prior to using the Site and/or App, and from time to time, so that you are aware of any changes. Your continued use of the Site and/or App after the “Last Updated” date will constitute your acceptance of and agreement to such changes. If you do not agree with these Terms and Conditions, you should not use the Site or App.

25. Contact Us

All feedback, comments, request for technical support, and other communications relating to the Services should be directed to:

In Writing: Hydrology Wellness®, LLC
1340 S. Dixie Highway
Suite #110
Coral Gables, FL 33146

By Email: [email protected]