Terms and Conditions

Welcome to Harvey (“Harvey” or “Company”). We provide clients (“Clients” or “Patients”) with a telehealth network of Naturopathic Doctors and Naturopathic Practitioners (“Providers”) using interactive audio and video technology, along with on-demand access to specialized laboratory tests, in-home blood draws and the ability to purchase vitamins and supplements online (our “Services”). We do not provide medical advice, diagnosis, treatment or prescriptions for controlled substances. Laboratory tests, in-home blood draws and vitamin/supplements are all 3rd-party services which Harvey does not own or operate.

Agreement to Terms and Conditions

The following terms and conditions (“Terms and Conditions” or “Agreement”) govern your use of Harvey’s (“Harvey”) website and mobile applications (“Site”) and your use of our products, software, and services (collectively, “Services”). Please read these Terms and Conditions carefully. Your use of our Site and Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Site or Services.

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of our Site and Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use our Site or Services, you must accept all of the terms of these Terms and Conditions.

Changes to Terms and Conditions

We have the right to change or add to the terms of these Terms and Conditions at any time by posting the amended Terms and Conditions on Harvey’s Site. Any use of our Site and Services after our publication of any such changes shall constitute your acceptance of the Terms and Conditions as modified. However, any Dispute that arose before the modification shall be governed by the Terms and Conditions (including the binding individual arbitration clause) that was in place when the Dispute arose.

Part One: Terms Governing Use of the Site and Services

Medical Information

This website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only.The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical advice based on anything that appears in this website. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. You should not use the information contained herein for diagnosing a health problem or disease. YOU SHOULD NOT CONSTRUE THIS CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT. Use of the Website does not create a physician/patient or provider/patient relationship with Harvey. Harvey is not recommending or endorsing any specific test, diet regimen or other information.

Jurisdiction. Harvey practitioners are licensed in their home states only, and we make no claim in regards to licensing beyond their home jurisdiction. The following states license Naturopathic Doctors: AL, AR, CA, CT, HI, ID, KS, MA, MN, MT, NH, ND, OR, UT, VT, WA along with the District of Columbia. We do not provide services in AL, FL, NY, SC, TN or outside the U.S. In all other States not referenced here, the services offered by Provider are alternative or complementary to healing arts services licensed by the State. These services include: general dietary and lifestyle advice and health coaching. Provider has training in these services and is licensed in Provider’s home state, but is operating in the capacity of a general health coach in states in which Provider is not licensed. Health coaching involves making general lifestyle suggestion and attuning the client to health goals and habits.

Healthcare Services. All of the treating Providers who deliver Services through Harvey are independent professionals solely responsible for the services each provides to you. Harvey does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Harvey nor any third parties who promote the services or provide you with a link to the service shall be liable for any professional advice you obtain.

Informed Consent.

A. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.

B. The telehealth services you receive are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

  • In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
  • Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
  • In rare cases, a lack of access to all of your health records may result in adverse interactions or allergic reactions or other judgment errors;
  • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

C. By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

  • You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
  • You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received our Privacy Policy which describes these protections in more detail.
  • Harvey may choose not to accept any health insurance coverage for services. In the event we do accept health insurance, If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
  • Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.

Fees and Purchase Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing us with your credit card number and associated payment information, you agree that Harvey is authorized to immediately invoice your account for all fees and charges due and payable to Harvey hereunder and that no additional notice or consent is required. Harvey offers no guarantee that you shall receive any such reimbursements from your health insurance provider. Harvey reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

Age Limitations

Our Site and Services are intended and only suitable for individuals 18 years of age and above. Some of the content on our Site may not be appropriate for children. The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Restricted Use

You may use our Site or Services only to the extent that you obey all laws, rules, and regulations applicable to your use of our Site or Services.

Your Privacy

Upon acceptance of these Terms and Conditions you confirm that you have read, understood, and accepted Harvey’s Privacy Policy.

Registration

Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including your name, e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at support@goharvey.com.

Text Messages

Harvey may send Patients and Providers SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from Harvey is voluntary. By deciding to receive SMS text messages from Harvey, you give Harvey express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you hereby represent, understand, and expressly agree that Harvey does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text messages from Harvey.

Transactions

The Site and certain basic services of Harvey are free for Members. If you wish to purchase Services described or linked to on the Site (each such purchase, a “Transaction”), Harvey will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment information. You understand that, if any such information is provided to Harvey, then Harvey shall treat any such information in the manner described in our Privacy Policy. By supplying such information, you grant Harvey the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

We reserve the right to refuse service to you. Verification of information applicable to a purchase may be required prior to Harvey’s acceptance of any order. Price and availability of any Service are subject to change without notice. Harvey is not responsible for errors in the prices or descriptions of any Service. Refunds shall be subject to Harvey’s refund policy in effect at the time of the applicable Transaction. Current rates for any Service available through the Site may be obtained by sending an email to support@goharvey.com.

General Rules of Conduct

It is our goal to make access to our Site and Services a positive experience for all visitors, Patients and Providers. You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following: (i) recruit, solicit or contact any Patient or Provider for employment or contracting for a business not affiliated with Harvey; (ii) contact other Patient or Provider for any purpose other than as set forth in these Terms and Conditions; (iii) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; or (iv) attempt to gain access to secured portions of the Site or Services to which you do not possess access rights.

Social Media and Online Communities

Harvey may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). Harvey may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on our Site or Services. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms and Conditions. Additionally, you remain responsible for your compliance with other applicable terms and conditions of Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.

If you participate in a Harvey online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant Harvey a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Site; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the Site, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using the Site and Harvey does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.

Harvey may terminate or restrict your access to any Harvey online community, including access through the Site and Services.

Usage of Coupons, if Applicable

  • The Coupon may not be combined with other promotional offers during the same visit. Only one Coupon per visit.
  • Coupons are not for resale and are not redeemable for cash.
  • We reserve the right to discontinue or change any coupon or promotional offer at any time, without notice.
  • All conditions stated on the Coupon must be met to receive the discount (e.g. a coupon must be used before its expiration date).

Monitoring

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

Copyright Notice

Our Site and Services are owned and operated by Harvey. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Harvey, are licensed to it, or are used with permission. Harvey and its licensors retain and reserve all proprietary rights to the contents of our Site and Services.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Harvey. You may link to, view, download, use, display and print a single copy of the materials found on our Site and Services only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Harvey or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Harvey All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Harvey may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on our Site and Services infringes a valid copyright owned by you, you (or your agent) may send Harvey a notice requesting that the material be removed, or access to it blocked. This request should be sent to: support@goharvey.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

Trademark Notice

Harvey names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Harvey. All rights are reserved. You are not authorized to use any Harvey name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Harvey. All other trademarks appearing on the Site are the property of their respective owners.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Part Two: Additional Legal Terms

Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of our Site and Services will be in compliance with these Terms and Conditions.

No Warranties

USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Harvey OR THROUGH OUR SITE AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HARVEY ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SITE AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE AND SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

HARVEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE AND SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HARVEY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnity

BY VISITING OUR SITE AND SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HARVEY, AND ANY AFFILIATED HARVEY ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “HARVEY PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED HARVEY OF THE POSSIBILITY OF SUCH CLAIM.

Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF HARVEY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES OR THE MATERIALS ON OUR SITE AND SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact support@goharvey.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Harvey, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms and Conditions to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Harvey including, but not limited to, any claims relating in any way to these Terms and Conditions (including its breach, termination, or interpretation), any other aspect of our relationship, Harvey advertising, and any use of Harvey services.

Binding Individual Arbitration

You and Harvey agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST HARVEY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Harvey will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Harvey also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

Jurisdiction

Information provided on Harvey’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

Our Site and Services are a service provided by Harvey and do not constitute any contact with any jurisdiction outside the State of California. Use of our Site or Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing our Site or Services illegal. Users in such jurisdictions visit and use our Site or Services entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.

Requests for Information

If you contact Harvey and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy.

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Links to Other Websites

Harvey’s Site or Services may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Harvey. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms and Conditions. Harvey expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Site or Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site or Services, is subject to that website’s own rules and policies.

Downloadable Files and Email

Harvey cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Harvey does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.

Notice for California Users

If you have a question or complaint regarding the Site or Services provided to you by Harvey please contact us at support@goharvey.com to receive further information regarding the Site or Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

Other Provisions

Except as expressly provided in these Terms and Conditions, these terms are a complete statement of the agreement between you and Harvey, and they describe the entire liability of Harvey and its vendors and suppliers and your exclusive remedy with respect to your access and use of our Site or Services. In the event of a conflict between these Terms and Conditions and any other Harvey agreement or policy, these Terms and Conditions shall prevail on the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms and Conditions. These Terms and Conditions do not limit any rights that Harvey may have under trade secret, copyright, patent, or other laws. Harvey’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign any rights or obligations under this Agreement without Harvey’s prior written consent. Harvey may assign all or part of this Agreement.

Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

Entire Agreement; Amendment

This Agreement constitutes the entire Agreement between you and Harvey applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

Conflicting Terms

Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

No Rights of Third Parties

This Agreement does not create rights enforceable by third parties.

Contact Information

Please contact us with any questions or concerns regarding this Agreement.

These Terms and Conditions were last updated on January 10, 2017.

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