Last Updated: June 1, 2024

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

HOMBREX DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The Services are not appropriate for emergency care or urgent situations. Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services.

Summary

Please read all of the Terms, the following is a brief summary:

HOMBREX does not provide medical advice.

HOMBREX assists individuals establish and maintain a relationship with certain third-party healthcare providers.  We also provide some non-medical services and information to our users.

We will ask you some initial qualifying questions, which were approved by the Providers, about yourself and your health. 

If you meet certain criteria, you will be referred to a Provider to make an appointment and create an account on the Practice’s and/or Provider’s patient portal.  The portal may have the HOMBREX logo, but the Practice, Provider, or its service providers operate it, not HOMBREX.

Payment and provision of medical services will happen on the portal and other services operated by the Practice and/Provider (or their service providers) – not through HOMBREX’ site.  

Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for HOMBREX.

Your relationship with the Provider, Lab, and Pharmacy and your use of the portal or other sites provided by those entities will be governed by agreements with those entities - even though the HOMBREX logo may appear on the portal or other sites.

Acceptance of Terms and Conditions

This website is operated by HOMREX, LLC (“HOMBREX”, “we”, “us” or “our”). These terms and conditions (the “Terms” or “Terms and Conditions”) govern (i) your use of and access to HOMBREX.com and other websites which are owned or operated by HOMBREX or its affiliates (the “Site”); (ii) your access to and use of any other digital interfaces and properties (e.g., Applications) owned, controlled by, or made available to you by HOMBREX (the “App”); and (iii) other online or mobile-enabled technology, digital tools and other services and products provided by HOMBREX and its affiliates (together with the Site and App, the “Services”).

By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms; and (2) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

HOMBREX Services 

HONBREX SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. HOMBREX DOES NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE.

HOMBREX Role

HOMBREX does not provide any medical services itself.  Depending on your personal situation, state of residence, and request for Services, HOMBREX may provide: (i) access to general information on health and wellness topics; (ii) access to independent medical groups who provide health care services through the Services ("Providers") who are contracted by certain independent, clinical professional practice groups (collectively, the "Practices"); (iii) access to laboratory services performed by third party clinical laboratories ("Labs"); and (iv) access to prescription fulfillment services offered by third party pharmacies (“Pharmacies”).

HOMBEX will not control or interfere with the practice of medicine by the Providers and Practices, each of whom is solely responsible for directing the medical care and treatment they provide. Any information or advice received from a Practice comes from the Practice or Provider alone, and not from HOMBREX. You acknowledge and agree that HOMBREX is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with us. By using the Services, you may be entering into a doctor-patient or other health care provider-patient relationship with a Provider and/or one or more Practices.  HOMBREX is not liable for any professional advice obtained from a Practice or Provider via the Services or for any other information obtained on the Services.

The content of the Services, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals (collectively, the “HOMBREX Content”), is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of a qualified health care professional if you have any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by HOMBREX or in connection with any communications supported by HOMBREX, including, but not limited to, HOMBREX Content and the communications with HOMBREX personnel, is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state and federal law. The Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Services, whether provided by HOMBREX, its content providers, clients, visitors to the Services, or others, is solely at your own risk. 

HOMBREX does not assist in obtaining insurance coverage from your existing health care plan and HOMBREX does not offer or sell insurance itself.

Certain Services may not be available in all states.

How the Services Work

We will ask you some initial qualifying questions about yourself and your health. These questions were approved by the relevant Practices.  If the answers to those questions meet certain criteria specified by a Practice, the Practice will invite the user to schedule an initial appointment and establish an account on the Practice’s and/or Provider’s patient portal (the “Patient Portal”), which is not operated by HOMBREX or HOMBREX’ service providers.  The Patient Portal may have the HOMBREX logo, but it is operated by the Practice, Provider, or its service providers, not us.

‍In the Patient Portal, you will answer a more detailed questionnaire designed by the Practice, which will request additional medical information and other personal information.  

‍Payment, diagnosis, and any provision of telehealth will happen through the Patient Portal and other services operated by the Practice and/Provider or their service providers (collectively with the Patient Portal, the “Healthcare Provider Sites”), not through HOMBREX’ site. 

Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for HOMBREX (collectively, “Third Party Suppliers”).

‍Your relationship with the Practice, Provider, and Third-Party Suppliers, and your use of the Patient Portal other Healthcare Provider Sites, will be governed by the relevant third-party entity’s Additional Terms (as defined in Section 4 below) and are subject to the privacy policies and practices of the relevant third-party entity and its service providers, even though the HOMBREX logo may appear on the Healthcare Provider Sites.

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Modification of the Terms or the Services

These Terms may be updated by us from time to time by posting the updated version and updating the “Last Updated” date at the top of the page. 

Unless you reject the updated Terms by stopping all use of the HOMBREX Services, sending a notice of termination to HOMBRX, and canceling any subscription you may have you will be deemed to accept the changes by your continuing to utilize the Service.

You must send the termination notice from the email address associated with your account.  Regardless of the email address you use, you must promptly cooperate with any request from us to confirm that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  You are prohibited from using the HOMBREX Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request.  If you violate this requirement and do use the HOMBREX Services after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.

Any changes to the Arbitration and Class Action Waiver are also subject to the additional provisions in that section regarding changes to that section.

HOMBREX reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof). You agree that HOMBREX shall not be liable to you for any modification, suspension, or discontinuance of the Services.

Additional Terms

In order to access or purchase certain Services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions"). 

‍Such Additional Terms and Conditions may be specific to (a) a supplier of the Services, including a specific or group of Labs, Pharmacies, Practices or Providers, (b) a Service or category of Service or (c) any combination thereof.  In many cases, HOMBREX is not a party to Additional Terms and Conditions, and you will enter into such Additional Terms and Conditions with a third party such as a Practice or Provider.  You must comply with the Additional Terms and Conditions.

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Eligibility and Account Creation

Only individuals who are United States residents and are at least 18 years of age and have the right, authority, and capacity to enter into these Terms are permitted to access the Services.  Please contact us if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Services without your consent.

You may be required to create an account to access certain parts of the Services (each, an “Account”). To register for an Account, you may be required to provide us with certain information, such as a JAMS and password. By creating an Account, you represent and warrant that any information to create your Account is accurate, current, and complete information, and you further agree to update the information in your Account to keep it accurate, current, and complete. 

You are solely responsible for safeguarding your Account credentials. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications, including User Content we receive under your Account have been made by you. You must notify HOMBREX immediately of any breach of security or unauthorized use of your Account. HOMBREX will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by HOMBREX or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account. If HOMBREX has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. We also reserve the right to disable or close any Account at any time and for any reason or for no reason.

Privacy

You authorize us to collect, use, disclose and otherwise handle your personal information as set forth in our Privacy Notice, which we may modify from time to time.

Fees

‍Subscription Fees

If you purchase a Subscription to the Services, you will be charged a Subscription fee at the rate presented to you at the time of registration, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of your Subscription and automatically at the beginning of each subsequent Subscription period commencing thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE HOMBREX TO AUTOMATICALLY INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. The Subscription Fee does not include the cost of prescription medication purchased in conjunction with your use of the Services. 

Your Subscription will automatically continue at the interval indicated at registration, and we (or our third-party payment processor) will automatically charge at the beginning of each new Subscription period commencing after the initial Subscription period for your Subscription, using the Payment Information you have provided, unless prior to the end of the current Subscription period, (a) you cancel your Subscription (as described below); (b) we decline to renew your Subscription; or (c) these Terms are otherwise properly terminated as expressly permitted herein. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services. Subscriptions may include additional terms and conditions as may be described at the time of purchase or in other communications we send to you. The Subscription Fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your Subscription. You will be responsible for paying all past due amounts.

Refunds

All sales are final. HOMBREX may consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in the sole discretion of HOMBREX. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME UNLESS REQUIRED BY LAW. 

For some members, lab work is required prior to their initial consultation. Members can get the lab work from their primary care physician or our third-party vendor. If labs are not provided or the member is unable to get their labs completed with third party vendor, the member is not eligible for a refund. If the member fails to schedule and join their initial consultation within three months of agreeing to our terms and conditions their opportunity for a refund will be terminated. HOMBREX does not accept government insurance or work with government insurance companies at this time. Members are required to complete a series of questions when requesting refills. HOMBREX reserves the right to change policies surrounding multi-month prescriptions at any time.

Cancellation. 

You may cancel your Subscription up to seventy-two (72) hours before your next Subscription period begins, but please note that such cancellation will be effective at the end of the then-current Subscription period and you cancel only future charges associated with your Subscription. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION UNLESS REQUIRED BY LAW. To cancel, you can send an email to cancellation to HOMBREX at its address on the Contact Page.. If a cancellation request is received at least twenty-four (24) hours before your next scheduled appointment with Practices or Providers, no late cancellation fees will be assessed. If a cancellation request is received within twenty-four (24) hours of your next appointment with Practices or Providers and the appointment has not already been canceled by you or by the Provider, a late cancellation fee may be assessed up to the full monthly subscription amount. 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 the Services will continue until the end of your then-current Subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges.  Other Fees. 

If you miss a scheduled appointment with a provider or cancel a scheduled appointment with a provider with less than twenty-four (24) hours’ notice, you may be charged a no-show fee or late cancellation. This charge is separate from and in addition to your Subscription Fee. Fees for missed appointments and late cancellations will be charged to your payment card on file automatically. Refunds may be offered on a case-by-case basis. 

How to Reschedule

Members may reschedule appointments by logging into the Provider Portal and selecting a new appointment time. If you reschedule an appointment with less than twenty-four (24) hours’ notice, a late cancellation fee may be assessed as described in the “Other Fees” section above.

Termination by HOMBREX

We may terminate your Subscription at our sole discretion and without any notice. If we cancel your Subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use, provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your Subscription because we determine, in our sole discretion, that your actions or your use of the Services violates these Terms or any applicable law or has harmed another user.

Changes to Subscription Terms

We may change the Subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change your Subscription before applying those changes to your Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your Subscription. If you accept the new Subscription, its terms and conditions will apply for that renewal and all renewals going forward.

Proprietary Rights and License to the Services

Subject to your compliance with these Terms and any other provisions governing your use of the Services, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial use only. Your use of the Services is at your own risk.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the HOMBREX Content or the Services, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your web browser for display enhancement purposes; (ii) you may print or download a reasonable number of pages of the Services for your own personal and non-commercial use and not for further reproduction, publication or distribution; (iii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our applicable end user license agreement for such applications

All right, title, and interest in and to the Services are and will remain the exclusive property of HOMBREX and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of HOMBREX and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by HOMBREX and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of HOMBREX and such others.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Services and use of the Services for any purpose not expressly permitted by these Terms is strictly prohibited.  HOMBREX reserves all rights not expressly granted by these Terms.

Rules and Prohibitions

You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by HOMBREX. Without limitation, you agree not to:

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Create multiple Accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services;

Engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of HOMBREX, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights;

Violate any federal, state, or local law, statute, ordinance, regulation, or ethical code;

Engage in any behavior that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing including, without limitation, submitting defamatory User Content;

Submit User Content or otherwise provide HOMBREX with any data containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;

Scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;

Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;

Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;

Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; Resell or make any commercial use of our system or the content on the Services, including for the purposes of developing artificial intelligence or machine learning models, without our prior written consent;

Use the Services in a way that violates or facilitates violations of these Terms, any other agreement or guidelines that govern use of the Services or attempt to do any of the foregoing directly or indirectly; 

Transfer any rights granted to you under these Terms;

Access the Services or content to build a similar or competitive website, product, or service; or Attempt to indirectly undertake any of the foregoing.

HOMBREX has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. HOMBREX may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Notice and Procedure for Making Claims of Copyright Infringement

HOMBREX respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent below.

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Text Messaging

You may sign up to receive certain HOMBREX notifications or information via text messaging.  If you do so, you agree to receive recurring automated or non-automated marketing and informational text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provide. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. HOMBREX reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. HOMBREX also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.  (Providers or Practice Groups may send you text messages through automated or non-automated means, including marketing text messages that are exempt from consent requirements due to their medical nature, but HOMBREX is not responsible for any messages they send.)

‍Text the keyword STOP to the number you are receiving text messages from to cancel. After texting STOP to that number, you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that HOMBREX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HOMBREX through any other programs you have joined until you separately unsubscribe from those programs.

‍In the event that you wish to change or deactivate your mobile phone number, you agree to first unsubscribe from all of our text messages, and to notify HOMBREX by logging into your User Account and updating your profile. 

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Third Party Information and Links to Third-Party Websites

The Services and the HOMBREX Content may include content provided by third parties, including materials provided by bloggers, content creators, medical professionals, nutritionist, or other third parties. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect HOMBREX’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided or prepared by any third parties.

The Services may contain links or otherwise direct you to websites, applications, products or services operated by other parties (“Third-Party Services”). If there are Third-Party Services or other resources linked on these Services, those links are provided only for the convenience of our users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to or otherwise referenced on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

Duration and Termination of Terms

The agreement between you and HOMBREX is effective when you access the Services and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Users may terminate their Account by written notice via e-mail to HOMBREX. 

At any time, with or without notice, for any or no reason, HOMBREX reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate your Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

All provisions which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by HOMBREX or you. Termination will not limit any of HOMBREX’s other rights or remedies at law or in equity.

Indemnity and Release

You agree to release and to indemnify, defend, and hold harmless HOMBREX and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms and Conditions or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality. HOMBREX reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HOMBREX in the defense of such matter. In the event that you have a dispute with one or more other users, you release HOMBREX, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMBREX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HOMBREX NOR ANY PERSON ASSOCIATED WITH HOMBREX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HOMBREX NOR ANYONE ASSOCIATED WITH HOMBREX REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE SERVICES AND CONTENT PROVIDED THEREIN ARE NOT MEDICAL OR HEALTHCARE ADVICE.

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YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT. HOMBREX DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

‍YOU WAIVE AND HOLD HARMLESS HOMREX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOMBREX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOMBREX OR LAW ENFORCEMENT AUTHORITIES.

HOMBREX will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third-party content or websites accessed through, or in any way in conjunction with, the Services.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HOMBREX, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY APPLIES TO ANY ALLEGED OR ACTUAL LOSSES RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS; AND (c) ANY CONTENT OBTAINED FROM THE SERVICES. HOMBREX'S LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT YOU PAID HOMBREX, IF ANY, IN THE PAST THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Arbitration and Class Action Waiver

Informal Dispute Resolution Procedure

If a dispute arises between you and HOMBREX, we will try and reach a reasonable resolution with you. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: __________________. For any dispute that HOMBREX initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name, a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and HOMBREX agree to the further dispute resolution provisions below.

Mutual Arbitration Agreement

You and HOMBREX agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with HOMBREX, or any other dispute with HOMBREX, shall be resolved exclusively through binding arbitration (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and HOMBREX expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law of Nevada, where HOMBREX is domiciled shall apply.

Except as set forth in this Section, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and HOMBREX agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in this Agreement, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND HOMBREX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Class Arbitration and Collective Relief Waiver

YOU AND HOMBREXACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 19(c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS HOMBREX PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that class action waiver is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or HOMBREX from participating in a class-wide settlement of claims.

Arbitration Rules

The arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”) and resolved before a single arbitrator. If JAMS is not available to arbitrate, the parties will select an alternative arbitration provider. Except as modified by this "Arbitration Agreement" provision, JAMS will administer the arbitration in accordance with the JAMS Comprehensive Rules and Procedure and, the Mass Arbitration Procedures in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures governing or permitting class or representative actions. The applicable JAMS rules and procedures are available at www.JAMSadr.com.

Initiating Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable JAMS rules. If you are initiating arbitration, a copy of the demand shall also be emailed to HOMBREX. If HOMBREX is initiating arbitration, it will serve a copy of the demand to the email address associated with your Account or the email that HOMBREX has on file for you. The arbitrator has the right to impose sanctions in accordance with the JAMS rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Arbitration Location and Procedure

If you are a resident of the United States the arbitration will be conducted in Clark County, Nevada, United States of America, unless you and HOMBREX otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue; provided, however, you agree to submit to the jurisdiction of Nevada. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and HOMBREX submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable JAMS rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and HOMBREX (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

‍The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this subpart (g) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor HOMBREX shall be entitled to arbitrate any claim that is a part of the Mass Filing.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the applicable JAMS rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a JAMS party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

Right to Opt Out of the Arbitration Agreement

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS AGREEMENT THEN: (1) you must notify HOMBREX in writing within thirty (30) days of the date that you first accessed or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Arbitration and Class Action Waiver”); (2) your written notification must be mailed to HOMBREX certified mail return receipt at its address on the Contact Page; and (3) your written notification must include (a) your address, and (b) a clear statement that you wish to opt out of this Arbitration Agreement. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Arbitration and Class Action Waiver” provisions by you and HOMBREX.

Changes to this Arbitration Agreement

Regardless of the Update Effective Time for the rest of the Terms, the Update Effective Time for changes to this Arbitration Agreement is the day after HOMBREX posts them (or a later date that we specify in the update, if any). Any such changes will apply to all claims not yet filed as of the Update Effective Time for this Arbitration Agreement. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you do not agree to a change we make to this Arbitration Agreement, you may opt out by providing notice as described above, or you may terminate the Terms as described above.

Venue and Governing Law

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and HOMBREX agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Clark County, Nevada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and HOMBREX shall be governed by the laws of the State of Nevada without regard to conflict of law provisions.

Geographic Restrictions

HOMBREX is based in the United States and we provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

General

These Terms (and any additional terms, contracts, rules, and conditions that HOMBREX may post on the Services) constitute the entire agreement between you and HOMBREX with respect to the Services and supersede any prior agreements, oral or written, between you and HOMBREX. 

If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. HOMBREX’ failure to exercise or enforce any of the Terms shall not constitute a waiver of HOMBREX’ right to exercise or enforce the Terms as to the same or another instance.

You agree that HOMBREX may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason.

The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

HOMBREX may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Services or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after the date it is sent. 

Contact Us

Please contact us at for any questions about these Terms. Please see the Contact Page for current contact information and address.