Our Privacy Policy
USER
The following terms and conditions constitute an agreement between You and Guruia LLC ("Guruia" or "we"), the operator of Guruia.net (the "Site" or the "Platform") and the websites, applications, services, and mobile applications provided by Guruia and where these Terms and Conditions are posted or referenced (collectively, the "Services"). These terms and conditions (the "Terms and Conditions"), together with our Privacy Policy (the "Privacy Policy"), which is posted on the Site and is hereby incorporated by reference, and collectively, the "Agreement," govern your use of the Services, whether you have created an account on the Site or not. You must accept and agree to all the terms and conditions of this Agreement to access the Services.
BY USING OR ACCESSING THE SERVICES OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE INFORMATION ABOUT THE PRACTICES DISCLOSED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS THE SERVICES.
ARBITRATION NOTICE AND WAIVER OF CLASS ACTION: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR COLLECTIVE OR CLASS ARBITRATION.
Please note that we offer the Services "as is" without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on behalf of such individual or entity. In the event you create an account or use the Services on behalf of a child or minor, you represent yourself as the parent or legal guardian of such child or minor.
1. ABOUT THE PLATFORM
Some parts of the Services may be accessed without opening an account on Guruia. To benefit from all the Services we offer, you must create an account on Guruia and provide certain basic information about yourself and authorize Guruia to use and disclose your data as provided in our Privacy Policy.
You acknowledge that, while some of the Content on the Platform may be provided or presented by health and wellness professionals, such Content does not create a professional or medical/patient relationship, and does not constitute an opinion, advice, diagnosis, or treatment, but is provided to assist you in choosing a health and wellness discipline or professional ("Professional"). "Content" means information, data, text, graphics, images, photographs, video, audio, suggestions, guidance, and other materials provided, made available, or otherwise found through the Services and/or the Platform, including, among others, Content provided in direct response to your questions or posts.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE AND PRECISE CONTENT, WE DO NOT OFFER ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING PROFESSIONAL CREDENTIALS, EXPERIENCE OR QUALITY OF WORK, PRICING INFORMATION, OR INSURANCE COVERAGE, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DECISION OR ACTION YOU TAKE BASED ON SUCH CONTENT. FURTHERMORE, WE DO NOT ENDORSE IN ANY WAY ANY INDIVIDUAL OR ENTITY LISTED ON THE SITE OR ACCESSIBLE THROUGH THE SERVICES.
Users will pay Professional fees directly to the Professional, including booking fees that Professionals pay to Guruia.
Appointments may be canceled at no cost with no more than 48 hours' notice before the scheduled appointment and may be rescheduled up to the appointed time. If the user cancels between 48 and 24 hours before the appointment, they will pay 50% of the contracted appointment value. If canceled within 24 hours of the appointment, the full fee will be charged. In the event of a missed appointment, fees will be charged in the terms and conditions stipulated, and no refund will be available. Attending the scheduled appointment is an essential part of your personal therapy through the Guruia Platform.
2. NO OPINION REGARDING ANY TREATMENT OR THERAPY
The Content obtained through Guruia, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, is for informational purposes and scheduling appointments only. The results of the health and wellness questionnaires we offer on the Platform are solely for informational purposes. All information provided through the Platform is for informational purposes only.
THE CONTENT IS NOT INTENDED TO SUBSTITUTE OR REPLACE PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY SEEKING PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL UNDER ANY CIRCUMSTANCES. DO NOT USE THE SERVICES FOR EMERGENCY NEEDS. IF YOU EXPERIENCE AN EMERGENCY, CALL THE APPROPRIATE EMERGENCY NUMBER IMMEDIATELY. THE USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, AND SHOULD NOT BE TAKEN AS, MEDICAL PRACTICE OR OTHER PROFESSIONAL ADVICE OR THE PROVISION OF MEDICAL CARE.
We do not recommend any discipline, Professional, opinion, or other information that you may access through the Services. The use of the Content is solely at your own risk. We recommend that you independently validate any Content (including the credentials and backgrounds reported by each Professional), including with the Professionals, professional associations representing Professionals in each discipline, and/or with any competent authority or regulator.
You acknowledge and agree that the Platform merely acts as a conduit or passive medium and an interactive online provider for the publication and distribution of Professional Content and User Content.
3. RELATIONSHIP WITH THE PROFESSIONAL
Guruia makes its best efforts to ensure that Professionals use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Professional. Guruia shall not have any liability in the event any Professional cancels or fails to attend the scheduled appointment, or for any injury or loss resulting therefrom, or for any other injury or loss arising out of or relating to the use of the Platform or the Services. Professionals are independent professionals and are not employees, agents, or representatives of Guruia.
You agree to use the Site in compliance with all applicable laws and regulations.
Professionals and Users agree that the services provided by the Professionals and contracted by the Users through the Site must continue to be provided and contracted through the Site. Any breach of the foregoing shall be considered a material breach of this Agreement.
SERVICES AND THERAPIES
The practices and therapies offered by the Professionals through the Site (the "Therapies") do not guarantee any results but are offered as means and tools to assist in the pursuit of a personal path towards a fuller and happier life. You acknowledge and agree that the Therapies may not constitute an adequate solution for your needs or your particular circumstances. You also acknowledge and agree that appointments conducted via virtual means (rather than in-person) may not constitute an equivalent or perfect substitute for in-person appointments.
Before scheduling an appointment or undergoing any session or treatment through any of the Therapies offered by the Professionals on the Site, you agree to familiarize yourself with the fundamentals, methods, and procedures of each of these Therapies, particularly those commonly referred to as complementary or alternative.
4. AUTHORIZATION AND ACKNOWLEDGMENT; IMPORTANT INFORMATION REGARDING RELATIONSHIPS WITH PROFESSIONALS AND PROFESSIONAL LISTS
Regarding the use of the Platform and the Services to find and schedule appointments with Professionals, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROFESSIONAL, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE PROFESSIONAL IS SUITABLE FOR YOUR NEEDS BASED ON THEIR SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER FACTS OR CIRCUMSTANCES THAT MAY BE RELEVANT TO YOUR NEED. Guruia makes its best efforts to verify that the Professionals providing services through the platform possess certain registrations, licenses, certifications, or active records required by law to offer and practice the disciplines of the services they offer. Guruia also has the right to exclude from the Platform any Professionals who, at Guruia's discretion, have engaged in inappropriate or unprofessional conduct.
Some Professionals listed through the Services may enter into contracts with us and may pay us a fee to provide their services through the Platform. In order to assist you in finding Professionals who may be suitable for your needs and to allow for maximum variety and diversity of Professionals participating in the Platform, we will provide you with lists and/or profiles of Professionals. The results of these listings are based on the information provided by Guruia users on the Platform. They may also be based on other criteria (including, for example, the availability of the Professionals and the ratings and reviews provided by Users). Please note that Guruia (a) does not provide recommendations regarding any Professional, (b) does not provide warranties regarding the Professionals or the quality of the professional services they offer or provide, and (c) does not receive fees from Professionals for their placement in the respective lists of Professionals, except in the case of sponsored results.
5. THE SERVICES AND CONTENT ARE INFORMATION AND EDUCATION RESOURCES
The Services are information and education resources for Users and Professionals. Guruia may, but will not be obligated to, publish Content through the Services that is prepared or reviewed by our editorial staff. No party (including Guruia) involved in the preparation or publication of such material guarantees that the Content is timely, accurate, or complete, and shall not be liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Professional Content is intended for general reference purposes only. Professional Content may be provided by the Professional and collected from other multiple data sources that may not be confirmed by the Professional. Such Content may change frequently and become outdated, incomplete, or inaccurate. Neither the Platform nor Guruia provides advice or recommendations regarding any particular Professional.
Procedures, products, and services provided and/or marketed through the Services are not applicable to all individuals, patients, or clinical situations. All procedures, products, or services provided and/or marketed through the Services by advertisers, sponsors, and other Service participants, whether paid or not, are presented to make them available to Users, and Guruia makes no assertion or warranty as to their safety or suitability for any particular individual or any prediction of effectiveness, outcome, or success.
Guruia makes no assertion or warranty regarding insurance matters or insurance coverage or medical plans.
6. YOUR PERSONAL INFORMATION
Protecting the privacy of Users and the security of their information is among our highest priorities. Our Privacy Policy details how we may use, share, and maintain the information you voluntarily share with Guruia, which may include, among others, your name, address, social security number and contact information, insurance information, medical history and current medical needs, billing information, and other personally identifiable information ("Personal Data").
7. YOUR RESPONSIBILITIES
7.1 Your Account Information
When You create an account on Guruia, you will provide an email address and create a password (together, "Login Information"). You must ensure the privacy and confidentiality of your Login Information and your Credentials.
7.2 Your General Responsibilities
You are responsible for the payment of the products or services you contract through the Platform and for ensuring that all information you provide to Guruia is accurate, complete, and up-to-date, including your insurance or medical coverage information, if applicable. Some Services may not be available through Guruia or your Professional, depending on various factors, including your insurance coverage or medical coverage. Ultimately, you must resolve any disputes between You or any Professional arising from any hiring through the Platform directly with the Professional.
You are responsible for all use of the Services and all use of your Credentials, including use by others to whom you have provided your Credentials. You may only use the Site and the Services for lawful and non-commercial purposes. You must not use the Site in any way that may damage, disable, overburden, or impair our servers or networks, or interfere with the use and access of the Site or the Services by third parties. You must not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks through hacking, password mining, or any other means. You must not scrape or index, directly or indirectly, any Content or portion of the Site and/or the Services (including, among others, Professional Content, appointment availability, and pricing information) for any purpose.
Users and Professionals are responsible for compliance with applicable local, state, or federal laws governing the offering, provision, contracting, and performance of the Services and the use of the Platform in their respective jurisdictions.
7.3 Responsibilities of Professionals
If you are a Professional or other person or entity participating in the health and wellness market, regardless of whether you maintain an account with Guruia or schedule or intend to schedule appointments through the Services, You acknowledge and agree that:
(a) You will not use the Services to view, access, or use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a user or potential user.
(b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the types, frequencies, or quantities of any product or service offered; or the segmentation of customers into categories for any product or service, or engage or attempt to engage in price fixing or customer allocation or market allocation.
(c) You will not use the Services, directly or indirectly, to engage in anticompetitive, deceptive, or unfair practices, or to violate antitrust, competition, or consumer protection laws or regulations that may apply.
8. MODIFICATIONS TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS
8.1 Modifications to the Services; New Services
Guruia may add new features to the Services, replace a new service with an existing Service, or discontinue or suspend any of the Services. Under no circumstances will Guruia be liable for the suspension or interruption of any of the Services or any part thereof, and the use of new services will be governed by this Agreement.
Both professionals and users will receive a notification when they hire or are hired, and on the day of the appointment between both. This notification may be sent via SMS, Email, or WhatsApp.
8.2 Additional Terms
Some Services may have additional terms (including, among others, policies, guidelines, and rules) that may govern access to that particular Service, supplementing the terms of this Agreement. If you choose to register, access, or use such Services, you may be presented with such additional terms. By using those Services, you agree to comply with such additional terms, which are hereby incorporated by reference into this Agreement.
9. LINKS TO OTHER WEBSITES
When using the Services, You may encounter links to other websites. These links are provided solely for your convenience, and we do not endorse these sites or the products and services they offer. You acknowledge and agree that we are not responsible for the content or the accuracy or completeness of these other websites. While we endeavor to provide access to reliable websites, they may contain materials that are objectionable, unlawful, or inaccurate, and we shall not be liable for the legality or decency of the material contained or accessed through such websites.
10. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback about your experience with Professionals through the Services, submit inquiries about potential needs, and engage in other interactive or community features of the Site (collectively, "Posted Information"). It is important that you act responsibly when posting Posted Information on the Platform.
Guruia reserves the right to investigate and take appropriate legal action against anyone who violates these Terms and Conditions, including the authority to remove any offensive communication from the Services and to cancel the accounts of infringers or block their use of the Services.
By posting Posted Information through the Platform, you agree and hereby grant to Guruia, and represent and warrant that you have the right to grant, an irrevocable, perpetual, royalty-free, sublicensable license to use, copy, publicly, publish, translate, distribute in any format such Posted Information and to adapt, edit, translate, prepare derivative works from, or incorporate into other works, such Posted Information.
11. YOUR USE OF CONTENT; INTELLECTUAL PROPERTY
In this Agreement, "intellectual property" means all works, including literary, pictorial, and graphic works, visual artworks, and any other works that may be subject to copyright protection; advertising and marketing concepts; information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts, trade secrets and any invention, including all processes, machines, manufactures, and compositions of matter and any other invention that may be subject to patent protection; and all legal protection obtained or obtainable therefrom.
You agree and acknowledge that the Site (including the software, interface, and its content) constitutes intellectual property owned by Guruia.
All Content is the property of Guruia or our licensors and is protected by copyright, trademarks, patents, trade secrets laws, other proprietary rights, and international treaties. You acknowledge that the Services and any technology or underlying software used in connection with the Services contain proprietary information of Guruia. Permission to use the Content is limited to personal, non-commercial purposes and no intellectual property rights are transferred to you by allowing your use or access. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any Content, or exploit the Site or the Services, in whole or in part, for any benefit or commercial purpose. Except as expressly provided herein, Guruia does not grant you any express or implied rights, and Guruia retains all rights in the Site and the Services not expressly granted to you.
Guruia owns and/or is an authorized user of any trademark and/or service mark, including, among others, the name "Guruia" appearing on the Platform. By placing them on the Platform, Guruia does not grant you any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property except as provided herein.
Any use of the contents or elements contained in the Platform other than as contemplated herein shall be subject to the prior written authorization of Guruia.
Guruia may incorporate third-party software as part of the Site, including open-source third-party software. Your use of such third-party software is subject to all applicable terms and conditions governing such use provided by your provider. If applicable, additional information related to such third-party software will be included.
12. LIABILITY RELEASE
You acknowledge that we have no control or obligation to take any action with respect to: (a) which users gain access to the Site and/or the Services, (b) which Content You access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of being exposed to the Content. You release us from all liability for you having acquired, not acquired, or used the Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship or fiduciary duty to you. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY RELEASE OURSELVES FROM ANY WARRANTY, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES ARE MERCHANTABLE, OF EXACT QUALITY, FIT FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (WHETHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GURUIA MAKES NO WARRANTIES REGARDING THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GURUIA DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SITE IS FREE OF VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ELEMENTS.
THE SITE MAY BE SUBJECT TO LIMITATIONS, OUTAGES, DELAYS, SERVICE FAILURES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GURUIA IS NOT RESPONSIBLE FOR ANY DELAYS OR OTHER LOSSES RESULTING FROM SUCH DELAYS.
13. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CREATE OR MAINTAIN AN ACCOUNT ON THE SITE, OR (b) $100; IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF PROCESSING FEES RECEIVED BY Guruia FOR SERVICES RENDERED TO YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR ANY THIRD PARTY CLAIMING) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIM FOR DAMAGES, LOSS OF PROFITS, INCIDENTAL DAMAGES, LOSS OF DATA, LOSS OF KEY VALUE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGE OR LOSS, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROFESSIONALS ENGAGED THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. TERMINATION
We reserve the right, at our sole discretion, to cancel, suspend, and/or deactivate your account without prior notice, in the event of a breach of this Agreement or other policies and terms posted on the Site. We also have the right to cancel, suspend, or deactivate your account for any other reason, including inactivity for an extended period. Guruia shall not be liable to you or any third party for the termination, suspension, or deactivation of your access to the Site and/or the Services. Furthermore, you agree not to attempt to use the Site and/or access the Services after such termination, suspension, or deactivation (except where deactivation is solely due to inactivity and you are allowed to create another account). Sections 11, 13, 15, and 16 shall survive termination or expiration of these Terms and Conditions.
15. INDEMNIFICATION
Upon our request, you agree to defend, indemnify, and hold us harmless, our employees, contractors, officers, directors, agents, parent companies, and affiliates, from any liability, claim, demand, and expense, including attorney's fees, arising out of or related to (a) your use of the Site and/or the Services, or (b) the breach of this Agreement, or any intellectual property or other right of any person or entity, by you or anyone using your Credentials. The indemnification and hold harmless obligation shall not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or willful misconduct.
16. MISCELLANEOUS
16.1 Electronic Contracting; Copyright Dispute
Your affirmative act and decision to use the Services and/or create an account on the Platform constitutes your electronic signature and your consent to the terms and conditions of this Agreement, including our Privacy Policy.
16.2 Modifications to the Terms and Conditions
These Terms and Conditions and other documents forming part of the Agreement may be modified at any time, as we reasonably deem appropriate. Upon any such modification, we will post the amended terms on the Site. We may also attempt to notify you through other means. Your continued use of the Site and/or the Services after such posting and/or notification shall constitute your affirmative consent to the modifications and current texts of the Terms and Conditions or other applicable document of the Agreement. We recommend that you periodically review these Terms and Conditions and the Agreement. IF AT ANY TIME YOU DECIDE NOT TO ACCEPT THESE TERMS AND CONDITIONS OR THE AGREEMENT, INCLUDING ANY MODIFICATION, YOU MUST CEASE USING THE PLATFORM AND THE SERVICES.
16.3 Limitation on Claims
No action arising under or in connection with this Agreement shall be commenced after one (1) year after the cause of action accrues.
16.4 Applicable Law; Arbitration Clause and Class Action Waiver – Important –
Please Read Carefully as It Affects Your Rights
This Agreement shall be deemed entered into and interpreted and enforced in accordance with the laws of the State of Florida, United States of America. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT INVOLVING A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES AND/OR PRIVACY AND/OR PUBLICITY RIGHTS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION FOR CONSUMER-RELATED DISPUTES, AND YOU AND WE EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY. Neither you nor we shall participate in a class action lawsuit or class-wide arbitration for any claims under this Agreement. YOU WAIVE THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS OR COLLECTIVE ACTION OR CLASS-WIDE ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision shall be governed by the Federal Arbitration Act and not by any state law related to arbitration. The arbitrator's award shall be enforceable in any court having competent jurisdiction. Notwithstanding any provision of applicable law, the arbitrator shall not have authority to award damages, remedies, or awards that conflict with these Terms and Conditions or the Agreement.
16.5 Severability
In the event that one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable for any reason, the remaining provisions of this Agreement shall not be affected. Additionally, the invalid, illegal, or unenforceable provision shall be replaced by a provision that reflects the intent of the parties underlying the invalid, illegal, or unenforceable provision. If this is not possible, then the provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement remain in full force and effect and are enforceable.
16.6 Entire Agreement
This Agreement and the terms, policies, rules, and guidelines supplementary published through the Services, each of which is incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede any oral or written agreement. If any provision of this Agreement is deemed invalid or unenforceable, that provision shall be interpreted to reflect, as nearly as possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect. The failure by Guruia to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights under this Agreement.
16.7 Headings
The headings of sections of this Agreement are for convenience only, do not form a part of it, and in no way limit, define, describe, modify, or interpret the meaning, scope, or intent of this Agreement or any term or condition.
16.8 Assignment
Guruia reserves the right to assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or affiliate company, or as part of the sale, merger, or other transfer of our Company. You shall not assign, transfer, or sublicense this Agreement. Any assignment made in violation of this clause shall be null and void.
16.9 Eligibility
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years, to create an account with us or to use the Site and Services. If you are between 13 and 18 years of age or the applicable legal age in your jurisdiction, you may use the Site or Services only under the supervision of your parent or guardian who has accepted these Terms and Conditions. Individuals under 13 years of age must not use the Site or Services. The legal parents or guardians of a child under 18 years of age may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the legal parent or guardian of such child, and that all references in these Terms and Conditions to "you" shall refer to such child or the individual on whose behalf you are authorized to accept these Terms and Conditions, and you in your capacity as the legal parent or guardian of such child or as an authorized party of such individual.
If you do not qualify under these Terms and Conditions, do not use the Site or Services. The use of the Services is prohibited where prohibited by applicable law, and the right to access the Site is not granted for such jurisdictions. By using the Site and/or Services, you represent and warrant that you have the right, authority, and capacity to accept these Terms and Conditions.