Terms & Conditions of Use

 

By using this website, gohcl.com (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we, Health Care Logistics, Inc. (“HCL” “we”, “us”, “our”), have provided.  By accessing and using our Site, you also agree to the terms in our Privacy Policy, which explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information.  

PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS OF USE”. “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS OF USE, DO NOT USE OR ACCESS THIS SITE.

I. TERMS OF USE

1. General.

The Site provides an interactive online service operated by HCL consisting of information services, content and transaction capabilities facilitated through HCL and affiliates of HCL offering End User the ability to purchase unique and hard-to-find items that includes compounding and dispensing products, infection prevention supplies and unit dose packaging materials, as well as many other lines of healthcare-related products (“Goods”).

By accessing and using the Site, you agree to contract electronically with HCL and agree to these Terms and our Privacy Policy. You agree that these electronic Terms combined with your act of using the services offered on our Site, have the same force and effect as your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you will not challenge the validity, enforceability, or admissibility of these Terms on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to print this agreement.

This Agreement sets forth the terms and conditions that apply to the use of this Site by End User. By using this Site, End User agrees to comply with all of the terms and conditions hereof.  

HCL shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, HCL may discontinue portions of its service, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.  While it is HCL’s objective to make the Site accessible twenty-four (24) hours per day, seven (7) days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of HCL, access to the Site may be interrupted, suspended or terminated from time to time.

The inclusion of any Goods on the Site at a particular time does not imply or warrant that these Goods will be available at any time. Certain weights, measurements and similar descriptions are approximate and are provided for convenience purposes only. HCL attempts to ensure that information on the Site is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and HCL cannot guarantee that your device will accurately display such colors.  If you have questions about the information posted on the website or about our products and services, please contact us at [email protected].

Despite HCL’s efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. HCL makes no representation as to the completeness, accuracy or currency of any information on the Site. For example, Goods included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on the Site with respect to any Good, HCL reserves the right to cancel any orders (or partial orders) for such Goods.

The information presented on or through our Site is made available solely for informational purposes.  The Site has been designed to provide general information about HCL and health and wellness related information. The Site is not intended to provide investment or medical advice, nor does it provide instruction on the appropriate use of products produced, supplied or under development by HCL, its affiliates, related companies, or its licensors, business partners, or other companies. Any reliance you place on the information available on or through our Site is strictly at your own risk and we are not liable or responsible for any reliance place on our Site. All users of the Site agree that all access and use of the Site, and any and all information presented on the Site, is at the user’s own risk.

The Site is a general purpose site and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, including by registering an account on the Site, End User represents and warrants that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the General Data Protection Regulation (“GDPR”). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Site only with the involvement of a parent or guardian. Subject to your compliance with these Terms, HCL grants you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Site solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Site. HCL may revoke your access and use of the Site at any time (including if you violate this Agreement), and nothing herein constitutes a representation that the Site will be available to you for your access or use.

2. Account.

You may be required to create an account to access or use certain areas of a Site or you may elect to create an account. If you choose to create an account, you are solely responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify HCL immediately of any unauthorized access or use of your account or password, or any other breach of security.  HCL is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account.

You have no right to transfer your account to any other individuals in any manner. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use.

We reserve the right, including if we become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. HCL does not sell Goods or other products and services to children and does not permit children to have accounts. HCL sells Goods to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18), or age of majority is higher in your place of residence, you may not have an account and you may use the Site only with the involvement of a parent or guardian.

Should HCL determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, HCL reserves the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of other account holders, and other HCL systems from further damage or exposure. This may include proactively changing your password. Should this need arise, HCL will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.

3. Modified Terms.

HCL reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, adding certain fees or charges. If HCL makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Goods purchased prior to the effective date of such changes.

These changes will be effective immediately for new users of our Site and any Goods purchased by such new users. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order to stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications, with any changes being effective immediately following such notice for any continued use of our Site and any Good purchased by End User after such notice.  HCL employees do not have the right to modify these Terms orally or otherwise. If any employee offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for HCL or speaking on HCL’s behalf.

4. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. HCL shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

5. End User Conduct.

All End Users of this Site agree to refrain from accessing or using the Site in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries) and agree to fully comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HCL’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in HCL’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with HCL.

Additionally, you agree that you will not:

1. Gain access, or attempt to gain access, to any portion of the Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
2. Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
3. Collect any data or information regarding other users and/or devices, including usernames, personal information, preferences, email addresses or accounts;
4. Transmit or upload to the Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Site or adversely affect another user;
5. Impersonate or attempt to impersonate HCL, a HCL employee, another Site user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
6. Otherwise attempt to interfere with the proper working of our Site.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of HCL, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright and Trademarks.

Everything located on this Site (including the names and marks Health Care Logistics, Inc., gohcl.com, HCL, and all other marks depicted on the website, whether registered or unregistered) is the exclusive property of HCL or used with express permission of the copyright or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF HCL, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. HCL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All intellectual property rights in the Site, are retained by HCL, our affiliates, our partners or our licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.  End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HCL or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site otherwise owned or operated in conjunction with HCL shall not be deemed to be in the public domain but rather the exclusive property of HCL unless such Site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of HCL unless otherwise stated.

End User shall not upload post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. HCL does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted HCL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. End User hereby grants HCL the right to edit, copy, publish and distribute any material made available on this Site by End User.

If you submit material to any public area of this Site, you represent and warrant that you own or otherwise control the rights to such a submission and have the right to grant the license above to us and any of our business associates, any licensees, and any successors and assigns. You agree that you will not submit any material of any type that infringes or violates any rights of any party or otherwise does not comply with these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any End User. You understand and acknowledge that you are solely responsible for any submission you make, and you have full responsibility for such submission, including its legality, reliability, accuracy and appropriateness. We are not liable for the content or accuracy of any End User submission by you or any other user of our Site.

The foregoing provisions of Section 6 apply equally to and are for the benefit of HCL, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Copyright Policy.

HCL reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to HCL by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide HCL with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for HCL’s Customer Service for notice of claims of copyright infringement is as follows:

Health Care Logistics, Inc.
Attn: Customer Service Agent re Copyright Infringement
[email protected]

8. Disclaimer of Warranty.

HCL does not and cannot warrant that the Site (including any element of the Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS.  NEITHER HCL NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR GOODS PROVIDED THROUGH THIS SITE.

HCL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE EXTENT NOT OTHERWISE PROHIBITED BY LAW, NEITHER HCL, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER HCL NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HCL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HCL HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION).

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

9. Limitation of Liability.

HCL does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, linking to a third party site, or your downloading of any materials or information from the Site and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

IN NO EVENT WILL HCL OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (OR ANY PART OF THE SITE) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHMORE, IN NO EVENT WILL HCL’S LIABILITY IN CONNECTION WITH A PURCHASED GOOD EXCEED THE AMOUNTS PAID FOR SUCH.  YOUR EXPRESS RIGHT TO RECEIVE A REFUND PURSUANT TO OUR Purchase Terms and Conditions CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DEFECTIVE OR WRONG PRODUCTS SENT TO YOU OR ANY PRODUCTS THAT HAVE BEEN INACCURATELY DESCRIBED OR PRICED ON OUR SITE.

10. Monitoring.

HCL shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by HCL, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, HCL shall have the right, but not the obligation, to remove any material that HCL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. Privacy.

HCL’s Privacy Policy applies to your access and use of the Site, including any personal information provided via the Site or via any other aspect of the Site. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms of Use and in the event of conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall govern and prevail. The Site is not intended for residents of or visitors from or located in countries that are subject to the GDPR.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other messages or postings are public and not private communications and others may read End User’s communications without End User’s knowledge.

HCL does not control or endorse the content, messages or information found in any End User communication and HCL specifically disclaims any liability concerning such communications and any actions resulting from End Users’ participation in any online forum, including any objectionable content. Any communication which End User posts to HCL (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If web pages permit the submission of communications that will be treated by HCL as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants HCL the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.

For more information see HCL’s Privacy Policy.

12. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to HCL a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

13. Indemnification/Release.

End User agrees to defend, indemnify and hold HCL, its affiliates and their respective directors, officers, employees and agents harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of this Agreement.

End User is solely responsible for interactions with HCL and other users of the Site. To the extent permitted under applicable laws, End User hereby releases HCL from any and all claims or liability related to any action or in-action by HCL regarding the use of the Site, including any conduct or speech, whether online or offline, of any other user.

14. Termination.

HCL may terminate this Agreement at any time. Without limiting the foregoing, HCL shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which HCL in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 3, 4, 5, 6, 7, 11, 12, and 13 will survive termination of this Agreement.

15. Third-Party Content.

HCL similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, HCL has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of HCL.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, End User, or other user not under contract with HCL. HCL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized HCL employee spokespersons while acting in official capacities. Under no circumstances will HCL be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through HCL.

The Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by HCL of the contents on such third-party sites, and HCL hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at your own risk. Unless you have executed a written agreement with HCL expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. HCL reserves the right to revoke its consent to any link at any time in its sole discretion.

16. Miscellaneous.

This Agreement, including the terms of HCL’s Privacy Policy (which are incorporated into this Agreement), and any operating rules established by HCL, constitute the entire agreement of the parties with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and HCL.

17. Disputes; Governing Law; Arbitration.

HCL makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

You expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and HCL arising out of or relating to these Terms, your visit to our Site, or to products or services obtained on or through the Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Subject to the remaining provisions of this Section 17, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Franklin County, State of Ohio, for all Disputes that are heard in court, including any Dispute involving HCL or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. Our priority is to learn about and address any of your concerns related to the Site, Goods or other information available on or through the Site. You agree that you will first notify HCL about any Dispute you have with us regarding these Terms, our Site, or our Goods obtained on or through the Site by contacting us.  Once we receive your notice, we will try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after your submission, you or HCL may bring a formal proceeding as provided below. HCL is the owner of this Site and is based in the State of Ohio in the United States. We make no claims that our Site or any of its Content, including products, programs, or services, is accessible, available or appropriate outside of the United States.  Access to our Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

By using this Site, End User agrees that:

1. any claim, dispute, or controversy End User may have against HCL arising out of, relating to, or connected in any way with this Agreement, this Site or the purchase or sale of any Good(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”);
2. the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures or at such other location as may be mutually agreed upon by End User and HCL;
3. the arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
4. there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or HCL’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and
5. with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor HCL shall be entitled to arbitrate their dispute.

Arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and HCL.

For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

18. Disclosures.

HCL’s home office is located at 450 Town St., PO Box 25, Circleville, OH 43113. You should note 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.  If you have any questions regarding these Terms, please contact us by email at [email protected].