1. General Provisions
Use of the MUST HAVE
Please read the following information carefully before using the Product. By accessing or using the Product which requires you to click on “I Agree”, you agree to be bound by these Terms of Use, and that you are at least 18 years of age and legally able to enter into a contract. If you do not agree with any of these Terms of Use, please do not use the Product.
THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES, AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER, AS SET FORTH BELOW.
These Terms of Use apply to Hay House LLC and their parent companies, principals, subsidiaries, affiliates, divisions, officers, directors, shareholders, employees, agents, authors, licensees, vendees, manufacturers, distributors, and assigns, all of which are referred to herein, individually and collectively, as the “companies”. Except as set forth herein, these Terms of Use are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that apply to any other products or services offered by the companies and/or other third parties through this website. These Terms of Use apply to all users of this website, all authorized or unauthorized users of the Product, and all beneficiaries of any document prepared using the Product, including, without limitation, all those named in any document prepared using the Product.
The companies are not a law firm and do not provide legal advice. The Product provides general information, self-help, “fill in the blank” forms, and an automated software solution to individuals who choose to prepare their own legal documents. You understand that your preparation, download, and/or use of a form document is neither legal advice nor the practice of law, and that you are and will be representing yourself in the preparation of any document using the Product. Documents prepared using the Product are not guaranteed to be correct, complete, or up-to-date.
The law changes frequently and may be different from one jurisdiction to another. The Product is not a substitute for the advice of an attorney and if you need legal advice for your specific situation, or if your situation is too complex to be addressed by the Product, you should consult a licensed attorney in your area. At no time is an attorney-client or other special relationship created between you and the companies or any person associated with the companies, and any information you provide in using the Product is not protected by the attorney-client privilege.
If any provision of these Terms of Use is found to be invalid or unenforceable, such findings will have no effect on the validity or enforceability of any other provision of these Terms of Use. The affected provision will be deemed severable and modified or limited only to the extent necessary to bring it within such legal requirements.
The companies reserve the right, in their sole discretion, to modify, alter or otherwise update these Terms of Use at any time. If we modify these Terms of Use, we will post the modified Terms of Use on the website or otherwise provide you with notice of the modified Terms of Use. By continuing to access or use the Product after we have posted the modified Terms of Use or otherwise provided you with notice of the modified Terms of Use, you agree to be bound by the modified Terms of Use.
2. Arbitration Agreement
If you have a dispute with the companies, and you and the companies are unable to resolve the dispute by using the Informal Dispute Resolution Process set forth below, you and the companies agree that upon demand by either you or the companies, the dispute will be resolved through binding arbitration, except that you and the companies each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction.
A “dispute” is any unresolved disagreement between you and the companies, including, without limitation, any dispute relating to the Product, regardless of when the claim arose (including claims that arose before these or any prior Terms of Use), and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award, but uses streamlined procedures to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and is subject to very limited review by courts. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and the companies.es.
You and the companies agree that, to the fullest extent legally permissible: (1) you are each waiving the right to a jury trial or a trial before a judge in a court; (2) you and the companies may each bring claims against the other only in an individual capacity, and neither you nor the companies shall be entitled to include in any arbitration any dispute as a representative or member of a class, or as a private attorney general, or participate as a class member in any class action; (3) neither you nor the companies shall be entitled to join or consolidate claims by or against others in any arbitration; and (4) the arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of this paragraph’s limitations are determined to be unenforceable with respect to a particular claim or request for relief (such as declaratory or injunctive relief), then such claim or request for relief shall be decided by a court of competent jurisdiction, after all arbitrable claims and requests for relief (including any other requests for relief with respect to that particular claim, such as individual damages or restitution) are arbitrated.
Customer Support is available and can usually resolve any concerns you may have. If that does not work, you and the companies agree that if you have a dispute with the companies, the first step in the Informal Dispute Resolution Process is for you to send a written Notice of Dispute by certified U.S. Mail to Hay House LLC, 300 Carlsbad Village Dr., Suite 301, Carlsbad, CA 92008. If the companies have a dispute with you, the companies will send a written Notice of Dispute by certified U.S. Mail to the most current postal address that they have for you in their records, and by email to the most current email address that they have for you in their records. The Notice of Dispute must include all of the following information: (a) the claimant’s name, address, and phone number; (b) the email address associated with the account at issue (if any); (c) the product to which the claim pertains; (d) a description of the nature and basis of the claim; and (e) an explanation of the specific relief sought. The Notice of Dispute must be personally signed by you (if you are the claimant) or by a representative of the companies (if we are the claimant).
You and the companies each agree to try and resolve the claim, but if the claim is not resolved within 60 days after the Notice of Dispute is received, then you or the companies may initiate an arbitration using the procedures set forth below. Any arbitration cannot be commenced until after this 60-day informal dispute resolution period has ended. Any applicable statutes of limitation will be tolled for this 60-day period.
During this 60-day period, either you or the companies may request an individualized discussion (by phone call or videoconference) regarding settlement of the dispute, and you and the companies agree to work together in good faith to select a mutually agreeable time for the discussion. You and a company representative must personally participate in the settlement discussion, unless otherwise agreed in writing. Your and the companies’ lawyers (if any) can also participate. If the dispute is not resolved through the Informal Dispute Resolution Process, and proceeds to arbitration, the amount of any settlement offer made by you or the companies may not be disclosed to the arbitrator.
Each of the foregoing requirements are essential so that you and the companies have a meaningful opportunity to resolve disputes informally. If any of these Informal Dispute Resolution Process requirements have not been satisfied, a court may enjoin the filing or prosecution of an arbitration, and the arbitration administrator may decline to accept or administer an arbitration.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall be controlling.
If the claim is not resolved after expiration of the 60-day informal dispute resolution time period, either party may demand arbitration of a dispute, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the Consumer Demand for Arbitration Form provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling the AAA at 1-800-778-7979.If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Hay House LLC, 300 Carlsbad Village Dr., Suite 301, Carlsbad, CA 92008. If the companies demand arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that the companies have for you in their records, and at the most current email address that the companies have for you in their records.
If you file a Consumer Demand for Arbitration, the companies will pay or reimburse you for the cost of the initial filing fee. If your claim is for less than $10,000, the companies will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law or the AAA Rules limit the amount of arbitration fees payable by you, the companies will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and the companies agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this Arbitration Agreement and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the existence, scope, or validity of this Arbitration Agreement, the arbitrability of any claim, or the interpretation, application, or enforceability of this Arbitration Agreement or any of its provisions; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; (5) the arbitrator will not be bound by any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties; and (6) if, for any reason, the AAA declines to administer the arbitration, another arbitration provider shall be selected by the parties, or if the parties are unable to agree on an alternative administrator, by a court pursuant to 9 U.S.C. § 5.
In the event of any inconsistency between the provisions of this Arbitration Agreement and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to the companies or the Product, the provisions of this Arbitration Agreement shall be controlling. This Arbitration Agreement shall survive the termination of any other contract between you and the companies.
Notwithstanding anything in the General Provisions section above, if the companies change this Arbitration Agreement by posting modified Terms of Use after the date you accepted any prior Terms of Use, you may reject such change by sending the companies written notice within 30 days of the date you received notice of the modified Terms of Use either by logging into your account after we post the modified Terms of Use or by sending you an email notifying you of the modified Terms of Use. Such written notice must be sent by U.S. Mail to Hay House LLC, 300 Carlsbad Village Dr., Suite 301, Carlsbad, CA 92008, and must contain: (a) your name, address, and phone number; (b) the email address associated with your account; and (c) a statement, signed by you personally, and not by your agent, attorney, or anyone else acting on your behalf, that you wish to reject the change to the Arbitration Agreement, in which case any dispute between you and the companies will be arbitrated in accordance with the Arbitration section of the most recent Terms of Use that you accepted.
3. Disclaimer of Warranties and Limitation on Liability
Information and products or services offered by the companies and others through this website, including the Product, are provided “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
IN NO EVENT WILL THE COMPANIES BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY USE OF THE PRODUCT, THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION. LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE COMPANIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
In no event do the companies warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of the Product, or any information, products, or services offered by the companies or otherwise through this website. Interactive tools such as simulators and calculators may be made available to you as self-help tools for your independent, personal use. We cannot and do not guarantee their accuracy or their applicability to your circumstances.
4. Additional Disclaimers
Neither the companies’ dissemination of the Product (including any separate element thereof), nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the Product shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act of 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. You expressly acknowledge and agree that the companies shall not be responsible for any investment decisions, damages or other losses resulting from the use of the Product or any information provided in conjunction with it.
You further understand and agree that the companies are acting only as a third-party educator in making the Product available hereunder. You further understand and agree that the companies are not : (1) an “investment advisor” (“Investment Advisor”) as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker” (“Broker”) or a “dealer” (“Dealer”), as such terms are defined under the federal Securities Exchange Act of 1934. You acknowledge that the companies are not holding themselves out in any communications as an Investment Adviser, a Broker, or a Dealer.
5. Confidentiality
The companies’ policy with respect to the privacy of individuals’ personally identifiable information is set forth in our Privacy Policy, which you should review carefully. Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to the companies (collectively “Feedback”) will be deemed to be non- confidential and will become the sole property of the companies. Subject to the conditions described in the Privacy Policy, the companies have no obligation of any kind with respect to such Feedback and will be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.
6. Trademark Rights
The companies’ product and service names referenced in this website are trademarks or registered trademarks (“Marks”) of Hay House LLC or affiliates thereof in the United States and/or in other countries. Your use of the companies’ Marks is strictly prohibited unless expressly authorized by a writing executed by an authorized signatory of the companies. Other products and company names mentioned in the Product or this website may be the trademarks of their respective owners.
7. Copyright Rights
Except as otherwise provided, the companies own the Product, all content contained in this website, including without limitation the information, materials, text, graphics, website design, and the selection, assembly and arrangement thereof (“Content”). The Content is protected by copyright laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of the companies. Copyright © 2024. All Rights Reserved.
8. Links
The companies make no representations, warranties or endorsements with respect to any non- companies’ website which may be accessed from this website. When you access a non- companies’ website, please understand that the companies have no control over the content or information at that website. It is your responsibility to protect your system from such items as viruses, worms, malware, Trojan horses and other destructive items.
9. Special Admonition for International Use
Recognizing the global nature of the Internet, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. Choice of Law
Unless otherwise specified, the Product is designed for use by United States residents only. This website is controlled and operated by the companies, and these Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules.
11. Indemnification
You agree to indemnify, defend and hold harmless the companies, their officers, directors, employees, agents, licensors, licensees, assigns, suppliers and any third party providers of information or services to the website from and against all claims, losses, expenses, damages and costs, resulting from any violation of these Terms of Use.
12. Miscellaneous
No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. Unless otherwise set forth herein, these Terms of Use constitute the entire understanding of the parties with respect to the subject matter hereof, and supersede all other previous written or oral agreements between the parties with respect thereto. Section headings used herein are for convenience only and shall have no legal force or effect.
The companies reserve the right to pursue all remedies available to them to address violations of these Terms of Use, as determined by the companies in their sole discretion. Any rights not expressly granted herein are reserved.
Last updated: December 18, 2024