TERMS OF USE

Last Updated: September 8, 2026

AGREEMENT TO THESE TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Foundation for a Healthier West Orange (“we”, “us”, or “our”). The following terms and conditions (collectively, “Terms of Use”) govern your access to and use of healthywestorange.org, including any content, functionality, and services offered on or through healthywestorange.org (collectively, the “Site”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON OUR LIABILITY. THESE TERMS OF USE ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS OF USE, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE SITE WILL REFLECT POORLY ON US, OUR PRODUCTS, PROGRAMS, SERVICES, OR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE SITE TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. The information provided on the Site is not intended for distribution to or use by any person or entity 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. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

Changes to these Terms of Use: We may change and update these Terms of Use from time to time in our sole discretion. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice. By continuing to enter this Site and utilizing our programs and services, you acknowledge and agree that you shall be bound by any such revisions.  Accordingly, you should periodically review the terms and conditions of this Agreement.

No Professional Advice; Information Only:

In addition to the other provisions of these Terms of Use, any information posted on the Site, including through any social media features or functionalities made available on or through the Site, is provided for general informational purposes only. Nothing contained on the Site is intended to constitute, nor should it be construed as, professional financial, medical, legal, or other advice, or as a recommendation or endorsement of any particular course of action.

We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any information, content, or materials provided on or through the Site. You acknowledge and agree that any reliance you place on such information is strictly at your own risk. We and our affiliates, officers, directors, employees, agents, and representatives expressly disclaim, and you hereby expressly release and hold harmless each of the foregoing from, any and all liability, loss, damage, or expense of any kind arising out of or in connection with any treatment, action, or inaction taken by you or any person in reliance on the information offered or provided within or through the Site.

If you have specific concerns or a situation arises in which you require professional, medical, legal, financial, or other specialized advice, you should consult with an appropriately trained, qualified, and licensed specialist. You should never disregard professional advice or delay in seeking it because of any information contained on the Site.

For ease of reference, you may navigate directly to a particular section of these Terms of Use by selecting the applicable link below:

  1. Intellectual Property Rights
  2. User Representations
  3. Accessing the Site and Account Security
  4. Prohibited Activities
  5. User-Generated Contributions
  6. Submissions
  7. Third-Party Websites and Content
  8. Advertisers
  9. Health Care Disclaimers
  10. Site Management
  11. Privacy Policy
  12. Digital Millennium Copyright Act (DMCA) Notice and Policy
  13. Term and Termination
  14. Modifications and Interruptions
  15. Governing Law
  16. Equitable Remedies
  17. Dispute Resolution: Arbitration Agreement and Class Action Waiver
  18. Corrections and Reliance on Information Posted
  19. Disclaimer of Warranties
  20. Limitations of Liability
  21. Indemnification
  22. User Data
  23. Electronic Communications, Transactions, and Signatures
  24. Miscellaneous
  25. Contact Us
  26. INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our name, Healthy West Orange, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

  1. USER REPRESENTATIONS

By using the Site, you represent and warrant to us that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation. 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.

  1. ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
  • To make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
  • To 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.
  • To circumvent, disable, or otherwise interfere with security-related features of the Site.
  • To engage in unauthorized framing of or linking to the Site.
  • To trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • To make improper use of our services or submit false reports of abuse or misconduct.

Additionally, you agree not to:

  • Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, spiders, scrapers, or similar data gathering and extraction tools.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the software, material, or content on the Site, including Flash, PHP, HTML, JavaScript, or other code.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce, transmit, or upload any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or that interferes with any person’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 Site.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including 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”).
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your account or profile.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Harass, annoy, intimidate, or threaten any of our employees, agents, representatives, or contractors engaged in providing any portion of the Site to you.
  • Access the Site (in whole or in part) in order to build a competitive product or service.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site or disparage, tarnish, or otherwise harm, in our sole opinion, us or the Site.
  1. USER-GENERATED CONTRIBUTIONS

The Site provides a platform for users and third parties to publicly list, post, and display various advertisements, promotional content, and other materials. The Site may contain contributions from users and third parties, including public postings, listings, advertisements, promotional or informational content, and web links that enable users to post, submit, publish, display, or transmit content or materials to other users or other persons on or through the Site (collectively, “Contributions”). All Contributions must comply with these Terms of Use. Any Contribution you post to the Site will be considered non-confidential and non-proprietary. You acknowledge that the Site is publicly accessible and that your Contributions, including any listings or advertisements, may be viewed by the general public.

You represent and warrant that:

  • You own or control all rights in and to your Contributions and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your Contributions do and will comply with these Terms of Use.
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the rights, including the copyright, patent, trademark, trade secret, or moral rights, of any third party.
  • You have the written consent, release, 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.
  • Your Contributions are not false, inaccurate, or misleading, and any claims made in advertisements or listings are truthful, substantiated, and comply with all applicable advertising laws and regulations.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation, except for advertisements and listings posted in designated areas of the Site and in accordance with these Terms of Use.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined solely by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule, including any consumer protection, truth-in-advertising, or fair business practices laws.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any federal or state law concerning child pornography, or any law otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We do not verify, endorse, or assume responsibility for the accuracy, completeness, or reliability of any Contributions, including any advertisements, listings, or other third-party content posted on the Site. Any reliance on such Contributions is at the viewer’s own risk.

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant to us that you have the right to grant, to us and our affiliates and service providers an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify us from any and all liability and loss and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to: (i) edit, redact, or otherwise change any Contributions; (ii) re-categorize any Contributions to place them in more appropriate locations on the Site; and (iii) reject, pre-screen, or delete (in whole or in part) any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other user of the Site, including any advertisements, listings, or other third-party content. The inclusion of any Contribution on the Site does not constitute our endorsement, approval, or recommendation of such Contribution or the products, programs, services, or information described therein.

We have the right to:

  • Remove or refuse to post any Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including any advertisements, listings, or promotional materials. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The following content standards apply to any and all Contributions and use of Contributions. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
  • Be likely to mislead or deceive any person, including through false, deceptive, or unsubstantiated claims in advertisements or listings.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (collectively, “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Submissions for any lawful purpose, commercial or otherwise, without acknowledgment of or compensation to you. You hereby waive all moral rights to any of your Submissions, and you hereby warrant that any such Submissions are original with you, that you have the right to submit such Submissions, and that you are the sole owner of the Submission, including owning the copyright to the Submission. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain, or you may be directed to via the Site, links to other websites (collectively, “Third-Party Websites”) as well as articles, photographs, text, coupons, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (collectively, “Third-Party Content”). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible or liable for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in any Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Site and access any Third-Party Websites, or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. We do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services.

You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. You acknowledge and agree that we have no obligation, liability, or responsibility to you of any kind arising from your access to or use of any Third-Party Content or Third-Party Websites.

  1. ADVERTISERS

We may allow advertisers to display advertisements, coupons, and other informational and promotional content in designated areas of the Site, including sidebar and banner placements. If you are an advertiser, you are solely responsible for any material, content, or services you place on or provide through the Site, as well as any products and programs sold through your advertisements.

By placing advertisements and any content on the Site, you represent and warrant that you possess all rights and authority necessary to do so, including all applicable intellectual property rights, publicity rights, and contractual rights. You further agree that all advertisements and content are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you acknowledge that no compensation will be owed to you in connection with any DMCA takedown-related issues.

We provide only the space in which advertisements may be placed and do not maintain any other relationship with advertisers. We do not review, approve, or endorse any content posted on the Site by advertisers, nor any business, services, programs, or products featured in such content.

  1. HEALTH CARE DISCLAIMERS

THE CONTENT, PROGRAMS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE INTENDED TO HELP CONSUMERS BETTER UNDERSTAND HEALTH CARE AND WELL-BEING TOPICS THAT MAY AFFECT THEIR DAILY LIVES. NOTHING CONTAINED IN THE CONTENT, PROGRAMS, PRODUCTS, OR SERVICES OFFERED ON THE SITE SHOULD BE CONSTRUED AS, OR USED AS A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

THE SITE AND ITS SERVICES DO NOT CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY OTHER PROFESSIONAL HEALTH CARE PRACTICE. YOU SHOULD ALWAYS CONSULT YOUR HEALTH CARE PROVIDER FOR DIAGNOSIS AND TREATMENT, INCLUDING WITH RESPECT TO YOUR SPECIFIC MEDICAL NEEDS. NO PRODUCT, PROGRAM, OR SERVICE OFFERED THROUGH THE SITE REPRESENTS OR WARRANTS THAT IT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR ANY PARTICULAR INDIVIDUAL.

WE STRONGLY ADVISE ALL USERS TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING ANY QUESTIONS ABOUT PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE LOCATED IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CONTACT EMERGENCY MEDICAL SERVICES USING THE NEAREST AVAILABLE TELEPHONE.

WE DO NOT ENDORSE ANY SPECIFIC COMPANIES, PRODUCTS, PROGRAMS, OR SERVICES.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (i) monitor the Site for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Contributions, Submissions, or content, or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, 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 (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to or by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of the DMCA and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) 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 (vi) 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 upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using

the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (i) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (ii) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (iii) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (iv) your name, address, and telephone number; (v) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (vi) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

  1. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION, ALL WITHOUT LIABILITY TO YOU.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake, assumed, 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 pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right, at our sole discretion and without notice or liability, to change, modify, remove, or discontinue all or any part of the Site or its contents at any time and for any reason. We are under no obligation to update any information on the Site or to maintain and support the Site, nor are we obligated to supply any corrections, updates, or releases in connection therewith.

We do not guarantee that the Site will be available at all times. We may experience hardware, software, or other problems, or we may need to perform maintenance related to the Site, any of which may result in interruptions, delays, or errors. You agree that we shall have no liability whatsoever to you or any third party for any loss, damage, or inconvenience caused by any modification, suspension, discontinuation, or unavailability of the Site, including any downtime or your inability to access or use the Site during such periods.

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

  1. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles

  1. EQUITABLE REMEDIES

You acknowledge that we may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms of Use. You agree that (notwithstanding the Dispute Resolution section below) we may bring any action or proceeding regarding such equitable relief in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida, Orlando Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

  1. DISPUTE RESOLUTION: ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Arbitration Agreement. Please read this Section carefully. Except as these Terms of Use otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. All disputes shall be resolved in the English language.

Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us a reasonable opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including all relevant information or representations related to the Site and upon which you rely. You may seek to resolve any concerns through our support services at info@healthywestorange.org. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.

By agreeing to these Terms of Use, you agree that you are required to resolve any claim that you may have against us in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and any subcontractor or third-party agent of us) will be resolved through binding and final arbitration and not in a court. This requirement to arbitrate disputes between us includes any dispute, claim, or controversy arising out of or relating to: (i) any part of these Terms of Use, including the existence, breach, termination, enforcement, interpretation, or validity of these Terms of Use; (ii) the Site; or (iii) the design, development, license, sale, or use of artificial intelligence (AI), machine learning, large language model, or generative AI systems, tools, or products. Such dispute or disputes shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration. The place of arbitration shall be Orange County, Florida. The arbitration shall be before one arbitrator.

You and we agree that the arbitrator (“Arbitrator”)—and not any federal, state, or local court or agency—shall have exclusive authority to resolve any disputes relating to any issue concerning the extent to which any dispute is subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to the Arbitrator’s own jurisdiction, including objections with respect to the existence, scope, or validity of this Arbitration Agreement or the arbitrability of any claim or counterclaim, or whether these Terms of Use are unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. For the avoidance of doubt, threshold or gateway issues relating to arbitration or arbitrability of any specific claim(s) shall be delegated to and resolved by the Arbitrator, without any need to refer such matters first to a court or other tribunal.

BY AGREEING TO INDIVIDUAL ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO RESOLVE ANY DISPUTES OR CLAIMS.

No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a private attorney general. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Rules and Governing Law. The arbitration shall be administered by the AAA in accordance with its rules applicable to the nature of the dispute at the time the arbitration is commenced. For disputes primarily of a business/commercial nature, the AAA Commercial Arbitration Rules shall apply; for disputes involving a consumer as defined by the AAA, the AAA Consumer Arbitration Rules shall apply. The version of the applicable AAA rules in effect when the arbitration is commenced will govern, except as modified by this Arbitration Agreement. If there is any conflict between the AAA rules and this Arbitration Agreement, this Arbitration Agreement will control. Notwithstanding any choice of law or other provision in these Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that, to the extent there is a conflict between the FAA and state law, the FAA shall preempt all state laws to the fullest extent permitted by law. The arbitration shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions.

Arbitrator’s Decision. The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator may take whatever interim measures the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Along with the award of the Arbitrator, the Arbitrator shall issue a reasoned written opinion sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award rendered by the Arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. Unless consented to in writing by both parties, all negotiations and the existence, content, and results of arbitration proceedings related to a dispute (including a settlement, award, and the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. Notwithstanding the foregoing, each party may share information related to negotiations and arbitration proceedings with its accounting professionals and legal counsel.

Venue For Claims Not Subject to Arbitration. In the event that the Arbitrator or a court determines that any particular claim or dispute that has arisen must be resolved by a court instead of through arbitration, such claim or dispute shall be resolved exclusively by a state or federal court located in Orange County, Florida. Under such circumstances, you and we will submit to the personal jurisdiction of the state or federal courts located within Orange County, Florida, for the purpose of litigating all such particular claims or disputes.

Fees. The Arbitrator may, and to the extent required by applicable law shall, award to the prevailing party, as determined by the Arbitrator, its reasonable attorneys’ fees, expert fees, arbitration fees and expenses (including the Arbitrator’s fees), and other reasonable costs of suit. Initial payment of all filing, administration, and Arbitrator fees shall be governed by the AAA and, to the extent applicable, the AAA rules, without prejudice to the Arbitrator’s authority to reallocate such amounts in the final award. In addition to any prevailing party award, the Arbitrator may award fees and costs as a sanction if the Arbitrator determines that any claim or defense was frivolous, brought for an improper purpose, or pursued in bad faith. Federal Rule of Civil Procedure 68 is incorporated by reference and shall be applied and enforced by the Arbitrator to the fullest extent permitted by law; for purposes of Rule 68 as applied in the arbitration, the term “costs” shall include reasonable attorneys’ fees to the extent recoverable under these Terms of Use or other applicable law. For purposes of this Section, “applicable law” includes these Terms of Use to the extent it authorizes the recovery or shifting of fees or costs.

Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed; and (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms of Use and your relationship with us.

  1. CORRECTIONS AND RELIANCE ON INFORMATION POSTED

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

  1. DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, SECURITY, QUALITY, AVAILABILITY, OR RELIABILITY OF THE SITE, THE SITE’S CONTENT, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PROGRAMS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PROGRAMS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, PROGRAM, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, THROUGH ANY HYPERLINKED WEBSITE, OR THROUGH ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING. WE WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PROGRAMS, PRODUCTS, OR SERVICES. YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WHEN PURCHASING ANY PROGRAM, PRODUCT, OR SERVICE THROUGH ANY MEDIUM OR IN ANY CIRCUMSTANCE OR ENVIRONMENT.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE AND ANY REMEDIES AVAILABLE TO YOU ARE GOVERNED SOLELY BY THE LAWS OF THE STATE OF FLORIDA.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our subsidiaries, affiliates, and each of their respective officers, directors, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or relating to: (i) your Contributions or Submissions; (ii) your use of the Site; (iii) your breach of these Terms of Use; (iv) any breach of your representations and warranties set forth in these Terms of Use; (v) your violation of the rights of any third party, including intellectual property rights or privacy rights; or (vi) any harmful act toward any other user of the Site 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 commercially reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it; provided, however, that our failure to provide such notice will not relieve you of your indemnification obligations except to the extent that such failure materially prejudices your ability to defend the claim.

  1. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.

  1. 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.

  1. MISCELLANEOUS

These Terms of Use, together with any documents, policies, and terms expressly incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and us regarding the subject matter of these Terms of Use and supersede all prior agreements, understandings, or representations regarding these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable under applicable law, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect. If any provision of these Terms of Use is capable of two or more constructions, one of which would render the provision invalid or unenforceable and another of which would render the provision valid and enforceable, such provision will be given the meaning that renders it valid and enforceable. Upon termination or expiration of these Terms of Use or your access to the Site, all provisions that by their nature should survive termination will survive, including provisions relating to ownership, intellectual property, disclaimers, indemnification, limitations of liability, and dispute resolution. For purposes of these Terms of Use, the words “include”, “includes”, and “including” are deemed to be followed by “without limitation”, the word “or” is not exclusive, and headings are for convenience only and will not affect the interpretation of these Terms of Use. No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right, nor will any single or partial exercise of any right preclude further exercise of that or any other right. We may assign or transfer our rights or obligations under these Terms of Use at any time without your consent. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any attempted assignment without such consent will be null and void. We will not be liable for any failure or delay resulting from circumstances beyond our control, including natural disasters, hurricanes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials, or other similar events. You and we are independent contractors, and these Terms of Use do not create any agency, partnership, joint venture, franchise, or employment relationship between us.

  1. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Foundation for a Healthier West Orange

1200 E. Plant Street, #200

Winter Garden, FL 34787

info@fhwo.org