Heylixir. ("Heylixir," "we" or "us") thanks you for visiting our website and/or application. The following Heylixir Terms and Conditions (the "Terms and Conditions") apply in their entirety when you:
The Heylixir Website Privacy Policy ("Privacy Policy"), the Heylixir Non-Disclosure and Confidentiality Agreement, other Heylixir operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully.
YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES, CONTENT (AS THAT TERM IS DEFINED BELOW), PROMOTIONS OR SITE IN ANY MANNER OR FORM WHATSOEVER.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE.
The Content appearing on the Site is provided for informational purposes only. Heylixir shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Site and/or Services.
Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Heylixir, 51 E. 12th St., 5th Floor New York, NY 10003.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same (collectively, "Heylixir Offerings"). The Agreement constitutes the entire and only agreement between you and Heylixir with respect to your use of the Heylixir Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Heylixir Offerings. Heylixir may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Heylixir Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Heylixir Offerings. By your continued use of the Heylixir Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that Heylixir is not responsible or liable in any manner whatsoever for your inability to use the Heylixir Offerings.
HEYLIXIR IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION PROVIDER OR FORUM, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SITE, APP, AND/OR SERVICES IS IN NO WAY INTENDED AS MEDICAL AND/OR PSYCHIATRIC ADVICE OR THERAPY, AND IS NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING OR TREATING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NOR IS IT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY. THE SITE, APP AND SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SITE AND/OR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. ACCORDINGLY, WHILE COMMUNICATIONS BETWEEN YOU AND HEYLIXIR ARE COVERED BY OUR PRIVACY POLICY, THEY ARE NOT PROTECTED BY PHYSICIAN-PATIENT PRIVILEGE OR DOCTOR-PATIENT CONFIDENTIALITY. ALL CONTENT AND MEMBER CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE SITE, APP AND/OR SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE SITE, THROUGH THE SERVICES OR OTHERWISE. USE OF THE SITE, SERVICES, CONTENT AND MEMBER CONTENT FEATURED THEREIN, IS AT YOUR OWN RISK. INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE AND/OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER.
The Heylixir Offerings are not available to:
Initially, Heylixir may invite the visitor to register on the Site to become a Member. Visitors also may register for membership or become members by and through their Google sign in accounts or Apple sign in accounts, or email through the Heylixir App on Play Store and AppStore, or through any other means designated by Heylixir.
Heylixir reserves the right, in its sole discretion, to deny membership, as well as any Heylixir Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site or App in order to obtain access to the Heylixir Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; username and password; where you register via your Google sign in accounts or Apple sign in accounts, or email and all other information made available to Heylixir by and through your Google sign in accounts or Apple sign in accounts, or email; and all other information made available to Heylixir by; information you submit or that we receive. You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Heylixir will verify and approve all registrants in accordance with its standard verification procedures.
You can access your specific Member account on the App using your email, username and password or logging in via your Google sign in accounts or Apple sign in accounts, as applicable and where authorized by Heylixir. You are responsible for maintaining the confidentiality of your Member account, username and password and for restricting access to your App. You agree to accept responsibility for all activities that occur through use of your Member account, username and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify Heylixir of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the App for such Services, including applicable taxes (the "Subscription Fees"). When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site, App or Services without notice or liability.
Heylixir agrees that it will terminate any paid or unpaid subscription to App Services upon notice from the Member. A Member's right to use the App and/or Site is subject to any limits established by Heylixir or by the Member's credit card issuer. If payment cannot be charged to a Member's credit card or a Member's charge is returned for any reason, including chargeback, Heylixir reserves the right to either suspend or terminate the Member's access and account, thereby terminating this Agreement and all obligations of Heylixir hereunder.
Heylixir may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where Heylixir believes that you are in any way in breach of the Agreement; and where Heylixir believes that you are, at any time, conducting any unauthorised commercial activity by and through the Services.
For purposes of the Agreement, "Google" shall mean Google Inc. and "Apple" shall mean Apple, Inc. Please be advised that Heylixir is not in any way affiliated with Google or Apple, and the Heylixir Offerings are neither endorsed, nor sponsored, by Google or Apple.
Access to the Heylixir App is charged for our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a Heylixir subscription plan to access Heylixir through a mobile application.
Overview of Subscription Plans and Payments
We offer several types of individual plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to your Membership page and the confirmation email that will be sent to you after your purchase
We may from time to time, at our discretion, offer a 14-day trial period for the yearly, and if you sign up under that offer, you will not be billed for the full term until the end of the 14-day trial period. Note that trial periods are only available during the promotional periods. After the end of any trial period, our mobile subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month's payment at the beginning of each month; and if you purchase a yearly plan, you will be charged for the entire year at the beginning of the term. You will also be able to cancel the yearly within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments.
Heylixir offers a 30-day, 100% money - back guarantee for subscriptions made on the App for the yearly plan. The monthly plan is excluded from this offer. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your membership for any reason other than your breach of our terms. Purchases of subscriptions made through the Apple Store, and are not eligible for a refund. These purchases are subject to Apple's terms and payment policy, and Apple's policy may exclude refunds as well.
Purchases of subscriptions made through the Google Play Store are final, and are not eligible for a refund. These purchases are subject to Google Play's terms and payment policy, and Google Play's policy may exclude refunds as well.
All Heylixir subscriptions made on the App, except gift purchases, renew automatically using the payment details on file for your account. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee.
The date of automatic renewal of your subscription is shown on your Subscriptions page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Subscriptions page or by contacting our Customer Service team at contact@heylixir.com. Additionally, for annual subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account.
If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Subscriptions page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.
Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.
If you provide someone else's payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Heylixir Services.
Subject to the terms and conditions of this Agreement, end-users who possess the requisite technology and register as Members shall have the opportunity to access a variety of features and content provided through the Heylixir app. These features include, but are not limited to, symptom tracking, mood and sleep tracking, medication reminders, appointment tracking, and access to community support (collectively, the "Heylixir Offerings").
The content available through the Heylixir app includes media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles, and other materials (collectively, the "Content"). The Content is compiled, distributed, and displayed by Heylixir, Members, and other third-party content providers ("Third-Party Providers").
Heylixir does not control the Content provided by Members and/or Third-Party Providers that is made available through the app. These Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, and/or usefulness of their Content. The Content should not be relied upon as professional medical advice or treatment.
Heylixir does not represent or warrant that the Content and other information posted through the app is accurate, complete, up-to-date, or appropriate. You understand and agree that Heylixir will not be responsible for, and undertakes no responsibility to monitor or otherwise police such Content. You agree that Heylixir shall have no obligation and incur no liability to you in connection with any such Content.
You may find certain Content posted by Members and/or Third-Party Providers to be outdated, harmful, inaccurate, and/or deceptive. Please use caution, common sense, and safety when using the Heylixir app.
If you would like to register a complaint, notify Heylixir of a dispute, notify Heylixir of any improper use of your Content or other information or notify Heylixir of inaccurate or misleading Content appearing on the App, Site or otherwise made available by and through the Services, please feel free to contact us at contact@heylixir.com.
Subject to the terms and conditions of this Agreement, including, without limitation, those contained in Sections 10 and 11 below, Members shall have access to the Heylixir Services. The Heylixir Services are designed to support individuals navigating chronic conditions and include the following features:
Members can register through their Google or Apple accounts, or by email and password, via the Heylixir App available on the Play Store and App Store.
The Heylixir Services are designed to empower Members by providing tools and community support to improve their health and wellness. Members can share their experiences, participate in community discussions, and track their progress towards health goals.
Heylixir reserves the right to prohibit any conduct by Members or remove any content from the Heylixir Services and/or Site at any time and for any reason, at Heylixir's sole discretion. Reasons for removal may include, but are not limited to, violations of Sections 10 and/or 11 of this Agreement, or any other behavior that Heylixir deems unsuitable for the Heylixir Services and/or Site
You understand and agree that Heylixir shall not be liable to you, any end-users, or any third party for any claim in connection with your use of, or inability to use, the Heylixir Services
Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 11 and 12 below, Members shall have access to the Interactive Services. The Interactive Services allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by Heylixir on third - party social media Apps from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content ("Comments") posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. Heylixir reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in Heylixir's sole discretion. The reasons for removal may include where Heylixir believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation: that the Comments violate Sections 11 and/or 12 below; and/or where Heylixir believes the Comments, or the applicable Member, is otherwise in violation of the Agreement.
You understand and agree that Heylixir shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services.
Member Interactions/Comments/Activity Posts
As part of your use of the Site and App Services, you may upload, post, distribute or disseminate, or send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant Heylixir an irrevocable, nonexclusive, transferable royalty - free worldwide right (including any moral rights) and license to use the Member Content on the Site and App to promote and advertise the Site and App Services in any way. In connection with the operation and promotion of the Site and App Services, you agree that Heylixir has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, Heylixir may use the Member Content to promote the Site and App Services as part of a book, screen option, demonstration or brochure.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings. You are solely responsible for your interactions with other Site and App - users including, but not limited to, Members and Third - Party Providers. Because we are not involved in Site and App - user interactions, in the event that you have a dispute with one or more Site and App - users, Members and/or Third - Party Providers, you hereby release Heylixir including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Heylixir reserves the right, but has no obligation, to monitor disputes between you and other Site and App - users, Members and/or Third - Party Providers. The Services contain Comments and Activity Posts (collectively, "Member Content") that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content.
Heylixir does not represent or warrant that the Member Content posted by and through the App Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the App and/or Site. You understand and agree that Heylixir shall not be liable to you, any end - users or any third party for any claim in connection with any Member Content.
Heylixir does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Site and/or App. You agree to use the Site and/or App in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or App, you agree not to:
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Heylixir. Heylixir reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the Heylixir Offerings and certain third - party Member Content in accordance with the Agreement. Heylixir may terminate this license at any time for any reason. Unless otherwise expressly authorized by Heylixir, you may only use the Heylixir Offerings and third - party Member Content for your own personal use. No part of the Heylixir Offerings or third - party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Heylixir Offerings, third - party Member Content and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Heylixir Offerings and/or third - party Member Content. You may not use the Heylixir Offerings and/or third - party Member Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Heylixir Offerings and/or third - party Member Content for any commercial purposes not expressly permitted by Heylixir. You further agree to indemnify and hold harmless Heylixir for your failure to comply with this Section 14. Heylixir reserves any rights not explicitly granted in the Agreement.
YOU AGREE THAT HEYLIXIR, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND HEYLIXIR OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF HEYLIXIR BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. HEYLIXIR MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND HEYLIXIR OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND HEYLIXIR OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT HEYLIXIR MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR HEYLIXIR OFFERINGS. FURTHER, YOU AGREE THAT HEYLIXIR SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE HEYLIXIR OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND HEYLIXIR OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND HEYLIXIR OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO HEYLIXIR.
All third - party Member Content and other material posted or made available by and through the Heylixir Offerings including, but not limited to, the design, selection, arrangement and coordination of such Heylixir Offerings, is owned by, or licensed to, Heylixir and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Heylixir Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Heylixir's prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Heylixir Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Heylixir Offerings by Heylixir, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. Heylixir reserves all rights not expressly granted in the Agreement. The "Heylixir" name and logo are trademarks of Heylixir. All custom graphics, icons and service names are trademarks and/or copyrights of Heylixir. All other trademarks are the property of their respective owners. The use of any Heylixir trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Heylixir's express written consent is strictly prohibited.
Bypassing or Disabling any Portion of the Heylixir Offerings or Software
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Heylixir Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Heylixir Offerings infrastructure. If you bypass or disable any portion of the Heylixir Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Heylixir systems, you are in violation of the Agreement and Heylixir may suspend or terminate your use of the Heylixir Offerings without notice. Termination of your access to the Heylixir Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
You agree to indemnify and hold Heylixir, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:
The provisions of this Section 17 are for the benefit of Heylixir, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE HEYLIXIR OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HEYLIXIR PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HEYLIXIR MAKES NO WARRANTY THAT THE HEYLIXIR OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HEYLIXIR PRODUCTS AND/OR SERVICES:
HEYLIXIR WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEYLIXIR, ANY MEMBERS, THIRD - PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE HEYLIXIR OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEYLIXIR SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEYLIXIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HEYLIXIR ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR:
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE HEYLIXIR FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF HEYLIXIR TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE HEYLIXIR OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HEYLIXIR PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR HEYLIXIR MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HEYLIXIR. ACCESS TO THE HEYLIXIR OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HEYLIXIR PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS HEYLIXIR'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Heylixir Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use Heylixir's name and logo on their third - party websites. Heylixir does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by Heylixir of the applicable website or any association with the website's operators. Because Heylixir has no control over such websites and resources, you agree that Heylixir is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third - Party Providers featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third - Party Provider, advertiser or other third - party, as applicable. You further agree that Heylixir shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with this Site and/or the Heylixir Offerings including, without limitation, the Member Content, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. By submitting such Member Content and/or materials to us, you, subject to the Privacy Policy:
Heylixir reserves the right to terminate the membership of any Member who repeatedly infringes upon third - party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide Heylixir with the following information:
Contact information for Heylixir's Copyright Agent for notice of claims of copyright infringement through our Customer Support via contact@heylixir.com: Heylixir, Aurora Vicci LLC., 8 The Green, STE B, Dover, Delaware, DE 19901 (United States of America).
The Agreement shall be treated as though it were executed and performed in Delaware, U.S.A. and shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the Heylixir Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in Delaware, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by Heylixir to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including computer fraud) may be brought in the federal courts in the City and County of Dover, Delaware, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Heylixir and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Heylixir incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:
Heylixir makes no claim that the Site or the Heylixir Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the Heylixir Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the Heylixir Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Heylixir may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
To contact us directly with any questions or comments that you may have, send an email to contact@heylixir.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Heylixir Offerings or the practices of Heylixir, please feel free to contact us at contact@heylixir.com.
As has been widely reported, the European Union has taken a large step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR), which went into effect on 25th May 2018.
EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed of. This rule clarifies how the EU personal data laws apply even beyond the borders of the EU. Any company that works with EU residents' personal data in any manner, irrespective of location, has obligations to protect the data.
At Heylixir, we take the trust placed in us to strictly secure and protect our customers data very seriously and welcome the General Data Protection Regulation (GDPR). We believe that every business should be held accountable to the same high standards to which we hold ourselves and appreciate these new measures of accountability that we can use to improve our practices.
We are fully committed to GDPR and have published updates to our Privacy Policy and Terms of Service. The changes reflect the increased transparency requirements of the GDPR.
As always, Heylixir is committed to protecting our users' privacy. That will never change. These enhancements clarify and provide additional information about:
We will continue to actively monitor regulatory guidance and interpretations of key GDPR requirements to make sure we stay current with all legal requirements and privacy best practices.
Individuals in the European Union may have a right to lodge a complaint regarding an alleged infringement of GDPR with the appropriate European Supervisory Authority, in particular in the Member State of his or her habitual residence or place of work. A list of Supervisory Authorities is available here: