Terms & Conditions
Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://holtarian.com/privacy) (“Privacy Policy”) carefully because they govern your use of our website and set forth the legally binding terms for your use of all of our websites and applications that include a link to these Terms (or any subdomains thereof) (the "Sites"), as well as in connection with any of our sales or marketing activities or other services available on our Sites or offline that are owned by HOLTARIAN (“Services”).
These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services.
Please review the Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.
Agreement to Terms.
Every time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Sites and Services immediately.
Who May Use Holtarian: You must be at least 18 years old or have reached the legal age of majority in the jurisdiction in which you reside to use the Sites and Services, or you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.
Electronic Forms/Communications: By accessing or using our Sites or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail, or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your subscription or account. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number, including use of automated dialing equipment), text (SMS) message, IM messaging, communication applications, or any other means of communication that your wireless or other telecommunications device may be capable of receiving, in accordance with applicable laws or regulations (“Applicable Laws”).
Disclaimer: Content and information displayed on Holtarian LLC's website, apps, podcasts, broadcasting, and services, including social media are intended for informational, educational, and entertainment purposes only. Holtarian makes neither medical claim, nor intends to diagnose or treat medical conditions. You must do your own research concerning your health and safety with the usage of any herbs and supplements, and any other lifestyle and dietary changes or modifications. Please seek your primary health care provider for any diagnoses and treatments of any diseases or modifications of your health and wellness lifestyle. Holtarian may receive compensation for some links to products and services on this site. Material on this site may not be reproduced, distributed, transmitted, cached, or otherwise used, except with the prior written permission of Holtarian LLC.
Changes to these Terms.
We may update the Terms at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may send other communications. It’s important that you review the Terms whenever it is updated. If you continue to use HOLTARIAN after we have posted updates to our Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use HOLTARIAN any longer. HOLTARIAN may change or discontinue all or any part of the Site or Service at any time and without notice, at our sole discretion.
Feedback.
We accept feedback, comments, ideas, proposals, and suggestions for improvements to HOLTARIAN (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you, and you hereby grant HOLTARIAN a perpetual, irrevocable, royalty-free, and fully paid up license to use and exploit all Feedback in connection with HOLTARIAN'S business purposes, including, without limitation, the testing, development, maintenance, and improvement of HOLTARIAN's products and services.
Accounts, Purchases & Subscriptions.
You can purchase a subscription and create an account by submitting the information required (“HOLTARIAN Account”). You must provide accurate, current, and complete information during the registration process and keep your HOLTARIAN Account up-to-date at all times. Any falsification of any information whatsoever may, at HOLTARIAN's option, result in immediate suspension or termination of your right to use the Sites and Services.
Purchases. Please refer to the applicable offer for a description of our products and services such as our current subscription plans and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. HOLTARIAN reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged at any time. Should price, feature, or offering changes or updates be deemed necessary to your subscription plan, you will be notified on how to modify your subscription plan to the applicable current plans offered at that time. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on the Sites are available only while supplies last. We try to display the image of the products available on our Sites, including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have canceled your order after charging your account, we will issue a credit for the amount charged. Nothing on the Sites or Services constitutes a binding offer to sell, distribute, or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Subscriptions. When purchasing a Subscription (a “Transaction”), you authorize HOLTARIAN and our third-party payment processor to charge you for such Transaction. We may request additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your email, and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you purchase a Subscription, we or our third-party payment processor will automatically charge you using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or HOLTARIAN. Your Subscription continues until canceled by you or we terminate your access to or use of HOLTARIAN Subscription in accordance with these Terms. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars, including foreign currency to be converted to USD.
Cancellations. You can cancel auto-renewal at any time to avoid future charges. Please note that such cancellation will be effective at the end of the then-current Subscription period. You can cancel through your HOLTARIAN Account or send an email to subscriptions@holtarian.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use HOLTARIAN will continue until the end of your then-current Subscription period and will then terminate after your then-current subscription without further charges. No refunds are issued for any subscriptions or other purchases. But we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund the prorated amount as indicated for such Transaction.
Free or Promotional Offers. If you enrolled for any of our Services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
Account Security. If you use our Services you are responsible for restricting access to your HOLTARIAN Account and ensuring that your computers and mobile devices are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address or other username and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information and that you are solely responsible for all activities that occur on or through your HOLTARIAN Account. You further agree to notify HOLTARIAN immediately of any unauthorized access to your HOLTARIAN Account, unauthorized use of your Account Information, or any other security breach by emailing us at privacy@holtarian.com.
Electronic Notices. By using our Sites or Services or making a purchase, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (“Electronic Mailings”). We will provide these Electronic Mailing by posting them on your account page and/or emailing them to the email address associated with your account. You agree that the Electronic Mailings satisfy legal communication requirements, including but not limited to requirements that any such communications be in writing. Electronic Mailings will be deemed received by you within 24 hours of issuance.
Termination. We may suspend or terminate your access to and use of your HOLTARIAN Account, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by deactivating your account or by sending us an email at accounts@Holtarian.com. Upon any termination, discontinuation, or cancellation of HOLTARIAN, any payments will remain due.
Holtarian's Intellectual Property.
HOLTARIAN content is subject to intellectual property rights; we retain all rights to that content. The Sites and Services, and all content published on or accessible through the Sites and Services (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Sites (“Content”), is owned by HOLTARIAN, its subsidiaries, affiliates or its licensors, and is protected by laws governing copyrights, moral rights, sui generis rights, patents, trademarks, trade secrets and/or other proprietary rights. HOLTARIAN owns a copyright in the selection, coordination, arrangement, and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Sites (“Marks”), are proprietary to HOLTARIAN, its subsidiaries, affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing HOLTARIAN, its affiliates’, or its licensors’ name or Marks without the prior express written consent of HOLTARIAN. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or HOLTARIAN.
Third-Party Links and Licensor Notices. All Getty Images and Uplash or Unsplash+ still images and visual representations may not be republished, sold, retransmitted, reproduced, downloaded, or otherwise used, except for downloading for personal, non-commercial use. We provide access to ad and source links only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. HOLTARIAN may allow you to access third-party websites or other resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Changes to these Terms.
We may update the Terms at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may send other communications. It’s important that you review the Terms whenever it is updated. If you continue to use HOLTARIAN after we have posted updates to our Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use HOLTARIAN any longer. HOLTARIAN may change or discontinue all or any part of the Site or Service at any time and without notice, at our sole discretion.
Limited License. You acknowledge and agree that the Sites, Services, and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services, or Content under these Terms, or any other rights thereto other than to use the Sites, Services, and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. HOLTARIAN grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling, or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites, or Services in any way that affects any user's experience. HOLTARIAN, its affiliates, subsidiaries, and licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks, and Content. You may not use the Sites, Services, Marks, or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
Warranty Disclaimers.
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, TIME CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. TIME MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF OUR SITES OR SERVICES.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, LIFESTYLE INFORMATION, OPINION, ADVICE, OR ALL OTHER CONTENT.
Limitation of Liabiltiy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, NOR HOLTARIAN'S SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING HOLTARIAN MEDIA, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR, WITH REGARD TO HOLTARIAN, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE TALENT INFUSION, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL HOLTARIAN TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE TALENT INFUSION EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HOLTARIAN FOR USE OF HOLTARIAN MEDIA. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOLTARIAN AND YOU.
Your Legal Liability. You agree to defend, indemnify and hold harmless HOLTARIAN and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
California Residents. If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without application of conflict of laws rules, except that these Section 15 provisions (“Arbitration Agreement”) shall be governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq.
Geographic Restrictions.
HOLTARIAN will provide the Sites and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Sites or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Sites or Services.
Dispute Resolution & Arbitration.
Mandatory & Informal Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of HOLTARIAN (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and HOLTARIAN agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and HOLTARIAN are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. You and HOLTARIAN agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and HOLTARIAN therefore, agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 60 days after the other party receives such Notice unless an extension is mutually agreed upon by the parties. Notice to Time that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@holtarian.com. Notice to you will be sent to your email address that HOLTARIAN has on file or associated to your HOLTARIAN account profile. It is your responsibility to keep your contact information up to date. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address, and e‐mail address of counsel, if any; and (3) a description of the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute legal@holtarian.com cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Dispute Exceptions. As limited exceptions to the Mandatory Arbitration of Disputes statement above, we both may seek to resolve a Dispute in small claims court if it qualifies and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Arbitration Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in the statement Dispute Exceptions above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND HOLTARIAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in the statement Class Action Waiver above of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Dispute Resolution non-US Residents. In the event of any Dispute, you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the email address that HOLTARIAN has on file or associated with your HOLTARIAN account profile. It is your responsibility to keep your contact information up to date. Your notice to us must be sent to us at legal@holtarian.com. For a period of 90 days from the date of receipt of notice from the other party, HOLTARIAN and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or HOLTARIAN to resolve the Dispute on terms either you or HOLTARIAN, in each of our sole discretion, consider unsatisfactory. Nothing in this section will prevent a party from pursuing their Disputes in court or another complaint process. If you reside or have your place of business outside the U.S., these Terms will be governed by and interpreted in accordance with law in your jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Nothing in the Terms shall deprive you of any mandatory protection you have under the law of the country where you live. If you are a consumer, you may bring a Dispute against us in a court within a jurisdiction according to the laws of your country of residence. In addition, if your country of residence is in the EU, please note that Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the courts in your jurisdiction. If you have any comments, queries, or complaints about these Terms or our Services, please contact us at legal@holtarian.com.
Third Party Rights. You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms.
General Terms.
These Terms, and policies incorporated herein, are the entire agreement between you and HOLTARIAN. They supersede any and all prior or contemporaneous agreements between you and HOLTARIAN relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions by their nature should continue after termination. You may not assign your rights under your HOLTARIAN Account or this agreement to any third party without HOLTARIAN'S prior written permission. HOLTARIAN may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of HOLTARIAN to partially or fully exercise any rights or the waiver of HOLTARIAN to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by HOLTARIAN or be deemed a waiver by HOLTARIAN of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of HOLTARIAN under these Terms and any other applicable agreement between you and HOLTARIAN shall be cumulative, and the exercise of any such right or remedy shall not limit HOLTARIAN'S right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms or any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms, and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Reservation of Rights. HOLTARIAN and its licensors exclusively own all rights, titles, and interests in and to HOLTARIAN Media, including all associated intellectual property rights. You acknowledge that HOLTARIAN MEDIA is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying HOLTARIAN.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between HOLTARIAN and you regarding Talent HOLTARIAN MEDIA, and these Terms supersede and replace all prior oral or written understandings or agreements between HOLTARIAN and you regarding HOLTARIAN MEDIA. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without HOLTARIAN'S prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HOLTARIAN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices. Any notices or other communications provided by HOLTARIAN under these Terms will be given via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. HOLTARIAN'S failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HOLTARIAN. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information.
If you have any questions about these Terms, please contact HOLTARIAN at terms@holtarian.com. When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.