Terms of Service & Disclaimer

Last Updated: February 18, 2025

 

This website is operated by The Human Equation, Inc. (The Human Equation). As used herein, the terms “we”, “us” and “our” refer to The Human Equation. The Human Equation offers this website, including all information, products, tools and services made available therein (collectively the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using our website or Services

 

By visiting our site, purchasing something from us or otherwise using or accessing our Services, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any applicable laws, including but not limited to United States copyright laws. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

General Conditions. We reserve the right to refuse access to our Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. 

 

Our Services, whether in whole or in part and regardless of form or format (electronic or otherwise), are licensed to you, not sold to you, by us. Pursuant to this Agreement, we hereby grant you a personal, non-exclusive, non-transferable license to use the Services for your sole benefit in accordance with this Agreement and for no purpose other than to provide you with the informational and educational material contained therein. Only one individual person is authorized to use the Services under this Agreement. Without limitation, and subject to the terms and conditions of this Agreement, you may not and shall not, without limitation, sell, rent, lease, lend, license, sublicense, modify, make available, copy, distribute, reverse engineer, transmit, display, save, perform, reproduce, publish, create derivative works from and/or transfer our Services, in whole or in part, in any way, to any person, location, and/or entity (regardless of legal form). You acknowledge that the Services belong exclusively to us and that you shall not permit access to our Services to any unauthorized users. Any rights not expressly granted to you in this Agreement are expressly reserved by us.

 

You acknowledge and agree that our Services, including any information included therein, is not intended to be, and is not in fact legal advice. You acknowledge and agree that such information is for informational and educational purposes only and that you should not act upon the information included in our Services without seeking the advice of your own legal counsel. You acknowledge and agree that our Services is not a substitute for the advice or counsel of a licensed attorney and that you shall seek legal advice in all instances from an attorney licensed to practice law in the jurisdiction in which the advice is to be used. Should you use the information contained in the Services, with or without the assistance of your legal counsel, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE INTERPRETATION AND USE OF SAID INFORMATION, AND YOU AGREE TO US HARMLESS FROM ANY ADVERSE OUTCOME THAT MAY RESULT. You acknowledge and agree that the receipt of any information through the Services is not intended to be, and does not in fact constitute attorney-client communications and is not entitled to any privilege.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

Accuracy, Completeness and Timeliness of Information. We are not responsible if our Services, or any information made available on this site is not accurate, complete or current. You acknowledge and agree that the Services may or may not reflect the most current legal and/or procedural information, and that, because there are variations in the laws of the various jurisdictions, the Services may or may not reflect your governing law. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

Modifications to Services and Pricing. Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any modified products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. 

 

Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

 

Third-Party Links. Our Services may include materials or support from third-parties, including Stripe’s (https://stripe.com/) online e-commerce platform that allows us to sell our products and Services to you. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

User Comments, Feedback and Submissions. If you send us any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

Personal Information. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY] 

 

Errors, Inaccuracies and Omissions. Occasionally there may be information on our site or in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services, in whole or in part, for indefinite periods of time or cancel our Services at any time, without notice to you. 

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU EXPRESSLY AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” and “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR COMPANY’S REPRESNTATIVE SHALL CREATE A WARRANTY.

 

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE HUMAN EQUATION, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR PERSONAL INJURY, OR ANY ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSESS OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICES, OR IN ANY WAY RELATING TO, WITHOUT LIMITATION, ANY ACT OR OMISSION IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY IS IMPOSED ON US, THEN YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION BY US IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE FEES CHARGED TO AND PAID BY YOU FOR OUR SERVICES DURING THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AND YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE US FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL IN CONSIDERATION OF THE RECEIPT BY YOU OF OUR SERVICES AT THE RATES CHARGED BY US HEREUNDER, WHICH ARE FAR LOWER THAN WOULD BE AVAILABLE TO YOU ABSENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Due to the nature and ever evolving threat of unauthorized intrusions, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HOLD US HARMLESS AND RELEASE ANY CLAIMS YOU MAY HAVE AGAINST US, INCLUDING CLAIMS FOR NEGLIGENCE, FOR ANY LOSS ARISING OUT OF ANY THEFT, LOSS, OR DAMAGES RESULTING FROM SUCH UNAUTHORIZED INTRUSION.

 

Indemnification. You agree to indemnify, defend and hold harmless The Human Equation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Services, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable by a court exercising competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Governing Law. This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents, and without giving effect to conflict of law principles. In the event of any legal proceedings concerning any and all disputes arising out of or relating to this Agreement, you agree that jurisdiction and venue shall lie exclusively in the State or Federal courts located in Broward County, Florida, and nowhere else. In any litigation, civil action and/or administrative proceeding pertaining or relating in any way to this Agreement, the prevailing party shall be entitled to its reasonable attorney’s fees and all other costs and expenses incurred in connection therewith. You may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of the other party. Any attempted assignment in violation hereof shall be void. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Contact Information. Questions about the Terms of Service should be sent to us at:

 

The Human Equation, Inc.

webmaster@thehumanequation.com

900 South Pine Island Road, Suite 300

Plantation, Florida 33324

(954) 382-0030