Terms & Conditions

AGREEMENT TO TERMS

 

This website, http://www.tinahealthcare.com (the “Site”) is operated by TINA Holdings, LLC doing business as TINA Healthcare or its affiliates, licensors, licensees, and/or agents (“TINA Healthcare,” “we,” “us,” or “our”).  The Site is offered to you, the user (“you,” “your,” or “buyer”), conditioned upon your acceptance of these Terms and Conditions, and the applicable Privacy Statement contained herein (collectively, “Terms”).  To use this Site, you must acknowledge your agreement to these Terms by clicking “proceed” or “accept” when prompted.  If you do not agree to these Terms, you are PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Acceptance of any order for products shall be deemed to constitute a binding agreement between the parties pursuant to these Terms. This agreement supersedes any prior communications, representations, agreements or other communications between the parties relating to the subject matter set forth herein. No other terms and conditions shall apply. Seller’s acceptance of buyer’s order is conditioned upon buyers acceptance of all of these Terms.

 

 

MARKETPLACE OFFERINGS

 

The Site provides an online marketplace for the following goods, products, and/or services: Reusable assistive Tampon INsertion Aid (“TINA”). TINA is fabricated out of soft polyurethane rubber and rigid plastic, featuring a polyurethane rubber handle for ease-of-use and gripping. (the “Marketplace Offerings”). The Marketplace Offerings contain the following materials: HEI Cast 4800 polyurethane resin, polypropylene-like rigid plastic, and glass filled nylon. The TINA product is not intended for use inside the body. The TINA product is NOT a medical device and makes no claims of therapeutic benefits. Please discontinue use at any sign of skin irritation or inflammation. 

 

We do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.  Information on the Site may contain typographical errors, inaccuracies, or omissions that may relate to Marketplace Offerings, including descriptions, pricing, availability, and other information.  You agree that such errors are immaterial, and we may correct any such errors at any time and without notice.

 

All Marketplace Offerings are subject to availability, and we do not guarantee that Marketplace Offerings will be in stock. We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice. We reserve the right to discontinue any Marketplace Offerings at any time. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

 

LIMITED ONE-YEAR WARRANTY

 

Repair, Replace or Refund Assistive Device

 

Pursuant to A.R.S. § 44-1351, et seq. we extend to the purchaser of any new TINA product from the Site or the transferee of any new TINA product to whom the transfer was for purposes other than resale, a one-year warranty to repair or replace the TINA product if it is not free from any defect, malfunction or condition that substantially impairs its use, safety or value.  To avail yourself of any right to repair or replacement, you must report any problem with the TINA product to TINA Holdings within one year of purchase. If the TINA product cannot be repaired or replaced, TINA Holdings may instead issue a refund.

 

THIS WARRANTY DOES NOT COVER ANY DEFECT, MALFUNCTION OR CONDITION RESULTING FROM ANY NEGLECT, MODIFICATION, MISUSE OR ALTERATION OF THE TINA PRODUCT BY YOU OR ANY THIRD PARTY.

 

No Other Warranty

 

TINA HEALTHCARE MAKES NO OTHER WARRANTY WITH RESPECT TO THE MARKETPLACE OFFERINGS.  YOU AGREE THAT WE DISCLIAM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE MARKETPLACE OFFERINGS.

 

 

LIMITATION OF TORT LIABILTY

 

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR SPECIAL CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS.  YOU AGREE THAT TINA HEALTHCARE SHALL NOT BE LIABLE FOR ITS OWN NEGLIGENCE, YOUR NEGLIGENCE, OR THE NEGLIGENCE OF ANY THIRD PARTY.  YOU ALSO AGREE THAT TINA HEALTHCARE SHALL NOT BE STRICTLY LIABLE FOR ANY INJURY OR OTHER DAMAGES RESULTING FROM THE USE OF ITS PRODUCTS. Notwithstanding the foregoing, you agree that, in the event we are determined to be liable for any damages, compensatory or otherwise, arising out of the use of the TINA product, that our liability shall be limited to the purchase price of the TINA product.

 

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

THIRD PARTY PRODUCTS

 

The Marketplace Offerings may include free samples of CORA tampons, obtained from a third party seller, namely Lyv Inc, DBA Cora (“Cora”). TINA Healthcare is not responsible for any use, misuse, or complications of the CORA tampons freely provided with the Marketplace Offerings. Customers are encouraged to visit https://cora.life/pages/terms-conditions for more information on the tampon samples.

 

You agree we have no knowledge of and no reason to know of any defects or unsafe conditions that might exist in any CORA tampons or other third party products provided in their original sealed containers, and the provision of such CORA tampons or other third-party products in their original sealed containers is an absolute defense to any liability to TINA Healthcare for any harm that might result from the use or misuse of those products.  

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH, ADVERTISED, OR OTHERWISE ACCESSABLE THROUGH THIS SITE OR INCLUDED WITH THE MARKETPLACE OFFERINGS.

 

 

PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 

-  Visa

-  Mastercard

-  American Express

-  Discover

-  PayPal

 

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. 

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

 

RETURN POLICY

 

Please review our Return Policy posted on the Site prior to making any purchases.

 

 

PRIVACY POLICY

 

By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms by reference.

 

 

LIMITATIONS ON USE OF SITE

 

The information provided on the Site is for your personal and noncommercial use only.  You may not modify, copy,  distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) provided by or displayed on the Site, except as expressly permitted.  TINA Healthcare operates the Site from within the United States of America, and each claim or statement about any products on the Site is expressly limited to the United States, unless otherwise disclosed on the Site. You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose. You may not use, or distribute for use to any other person or entity, the Site in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.  Access to the Site from territories where its content is illegal is prohibited.  Any person who chooses to access the Site from locations outside of the United States does so on his or her own initiative and risk, and is responsible for compliance with applicable local laws.

 

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, YOU MAY NOT USE THIS SITE. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.

 

As a user of the Site, you agree not to:

 

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking to the Site.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

20. Use a buying agent or purchasing agent to make purchases on the Site.

21. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

22. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

23.  Use the Site to advertise or offer to sell goods and services other than the Marketplace Offerings.

24.  Sell or otherwise transfer your profile.

 

 

SITE MANAGEMENT AND LIMITATION OF LIABILITY

 

The Site is provided on an AS-IS and AS-AVAILABLE basis.  You agree that your use of the Site and our services on the site are at your sole risk.  We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY WEBSITES LINKED TO THE SITE, AND WE ARE NOT LIABLE FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  THE CONTENT OF THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. 

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FORGOING, IF WE ARE DEEMED LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIS SITE, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. 

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all Content and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

 

USER REGISTRATION

 

You may be required to register with the Site in order to submit content or access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

We reserve the right to terminate or suspend your account for any reason.  If we do, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 

USER REPRESENTATIONS AND USER-GENERATED CONTENT

 

By using the Site or the Marketplace Offerings, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation. You agree you are solely responsible for any information that you provide or any Content you may generate or submit to the Site. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

User-Submitted Content

 

The Site permits users to submit Content for our use or publication (“User-Submitted Content”).  By submitting User-Submitted Content, you acknowledge that any User-Submitted Content may be used or viewed by third parties.  When you create or make available any Contributions, you thereby represent and warrant that:

 

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use, including to not use your Contributions.

4.  Your Contributions are not false, inaccurate, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9.  Your Contributions do not violate any applicable law, regulation, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.  (collectively, “User-Submission Warranties”).

 

User Reviews

 

We may provide you areas on the Site to leave reviews or ratings, or submit other feedback related to your use or experience with the Marketplace Offerings (“User Reviews”). When you publish a review, you agree that: (1) you have firsthand experience with the subject of the review; (2) your review doesnot contain profanity, or abusive, racist, offensive, or hateful language; (3) your review does not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review does not contain references to illegal activity; (5) you are not be affiliated with competitors if posting negative reviews; (6) you do not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.  You agree that all User-Submission Warranties also apply to all User Reviews.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

 

Waiver of Claims, Assignment of Rights, and Indemnity for User Submissions

 

You agree that, in our discretion, we may modify, publish, distribute, transmit, or broadcast any User-Submitted Content or User Reviews (“Submissions”) for any purpose and without compensation to you. By making Submissions, you disclaim any right that might otherwise arise from our use, publication, transmission, distribution, or broadcasting. You agree that we own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. You agree to indemnify us for any third-party liability that might arise regarding any Submissions or other information you submit.

 

 

GOVERNING LAW

 

 

You agree that applicable federal law under the Federal Arbitration Act, and the laws of the State of Arizona, without regard to any conflict of law, will govern these Terms and any dispute of any sort that might arise between you and us. 

 

 

DISPUTE RESOLUTION

 

Informal Negotiations

 

If a dispute ever arises, we and you agree to first attempt to resolve the dispute through informal negotiations.  Such informal negotiations commence when either party submits written notice to the other party, and an arbitration may not be initiated until 30 days after informal negotiations commence. 

 

Binding Arbitration

 

Any dispute not resolved through informal negotiation will be finally and exclusively resolved through binding arbitration. YOU AGREE THAT YOU WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

 

If any of these arbitration provisions are found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Site; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

 

USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Marketplace Offerings; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

MODIFICATON OF TERMS

 

From time to time, we may change or supplement these Terms, and such changes shall be applied prospectively. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You agree to periodically review these Terms periodically to ensure that you know of any changes, and your continued use of the Site after the date such revised Terms of Use are posted indicates your acceptance of those changes. 

 

You acknowledge that we may discontinue certain services or any part of the Site, with or without notice, or may prevent your use of the Site with or without notice.  You agree that you do not have any rights in the Site and that we will have no liability to you if the Site or any of its services are discontinued or your access (including to any content you have submitted) is terminated.

 

 

MISCELLANEOUS

 

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Marketplace Offerings. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

 

 

ENTIRE AGREEMENT

 

These Terms and any policies or operating rules referenced herein or posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us and supersedes any prior representations or communications.

 

 

CONTACT US

 

We are registered in Arizona, United States and have our registered office at 34207 N Black Mountain Pkwy, #200, Cave Creek, AZ 85331. In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

 

TINA Holdings, LLC

34207 N Black Mountain Pkwy #200

Cave Creek, AZ 85331

United States

Phone: (678) 524-2120

 

ali.kight@tinahealthcare.com