Terms of Use

Human (“Human”, "we", "our" or "us") operates the website at www.human.health and the Human Health mobile applications (collectively the “Site”). We aim to provide a platform where each person accessing the Site (each a “User”, "you" or "your") can view or manage treatments, track symptoms, view or download personalized or patient insights and access existing research for various health conditions (the “Services”).

The following terms and conditions ("Terms of Use" or the “Terms”) govern your access to and use of the Site, and constitute a binding legal agreement between you and Human. These Terms of Use, along with the Human Privacy Policy, make up the agreement between us (the “Agreement”). 

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1. You agree to these Terms by using the Site

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations.  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to the Terms of Use, you should not use the Site. When we say “including” in these Terms, we mean “including but not limited to”.

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2. We do not provide medical advice 

The information on the Site is not intended to be, and must not be taken to be, the practice of medicine or other healthcare services by Human. Use of the Site does not create a provider/patient relationship with Human. Human is not recommending or endorsing any specific medical treatment for any medical condition, healthcare provider or medication. It is not a substitute for medical advice, diagnosis or treatment provided by your healthcare provider professional. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you receive via the Site.

Although we make every effort to ensure the quality of information on the Site, we cannot guarantee that information provided by us through this Site will meet your health or medical requirements. We may seek to verify the identity of healthcare providers (practitioners) when they sign up to Human, but we do not check that practitioners are licensed to practice medicine or provide healthcare services. Reliance on information provided by Human is solely at your own risk.

Human is not an alert service. As such, it should not be relied upon to alert practitioners or any other person or service when Users have any risk indicators, are unwell or are in danger.

You acknowledge and agree that Human will not be responsible for any claims, losses or damages (whether direct or indirect) arising from or relating to the misuse of, or reliance on, the information contained in the Site, except to the extent that such liability cannot be excluded by law.

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3. Registering a User Account

User Account: To access and use certain features of the Site, you are required to open an account (a “User Account”) by registering with Human. When you register for a User Account, you must provide true, accurate, current, and complete information, and you agree to update the account information in order to ensure that it is current. Each account holder then creates a profile for itself containing its personal information. 

Legal capacity: The Site is not directed at minors. If you are under 18 years old, please do not use this Site. As a condition of being permitted to open a User Account, you represent that you are at least 18 years old or, if the laws of the jurisdiction in which you reside stipulate a greater age of majority, then you are at least that age. Within the United States, such jurisdictions include, without limitation, Alabama, Nebraska and Canada where the age of majority is 19, and Mississippi where the age of majority is 21. You further represent that you have the legal capacity to enter into contracts under the laws of the jurisdiction in which you reside. 

Credentials: When you register, you are required to provide your email address and password, which will allow you to access services that are only available to account holders ("Credentials"). In providing such Credentials, you agree that you are not impersonating any person or entity. You are solely responsible for maintaining the confidentiality of your passwords. You are responsible for all your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify Human of any suspected or actual unauthorized use of your User Account. You agree that Human will not under any circumstances be liable for any costs, loss, damages or expenses arising out of a failure by you to maintain the security of your passwords.

Dependents: If you are the legally authorized representative of another person who is not already a User (a “Dependent”), you can create a profile on your User Account for such Dependent. However, in doing so, you represent that you are indeed the legally authorized representative of such person. You represent that you have the authority to provide information to Human on behalf of such Dependent, for collection and use by Human in accordance with these Terms and the Human Privacy Policy. Similarly, if you grant any other user of the Site access to the Dependent’s information on the Site, you represent that you have the authority to do so. 

Profiles: Each account holder may create up to five profiles.

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4. Consent for Human to use personal information

By accepting these Terms of Use and registering on the Site, you are providing us with your consent to collect and use the personal information (including health information) provided by you in the course of you using the Services. The purpose of us collecting such information and our permitted use thereof (including any disclosure) is set out in our Privacy Policy. If you choose not to accept these Terms of Use or you do not consent to Human collecting and using such personal information (including health information), we will not be able to provide you with access to the Services, and you should not continue accessing them.

The Human Privacy Policy is incorporated and made part of this Agreement.  By using the Services, you agree to such Privacy Policy. Any personal information (for example, your name or email address) that you input to the Site will be used by Human in accordance with the Privacy Policy. 

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5. Restrictions on Use of Site

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Services for personal use (if you are a Personal account holder) or business use (if you are a Practitioner account holder). Please see the Privacy Policy for how we define Personal and Practitioner accounts.

The information and materials on the Site are provided for information purposes only. You may use the Site solely for the purposes of accessing the Services.  You may not use, reproduce or distribute the text, graphics, tools or any other content on the Site for any other purpose.

You agree that: (i) you will only use the Site for lawful purposes; (ii) you will not use the Site for any fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iii) you will not use the Site to cause nuisance, annoyance or inconvenience; (iv) you will not impair the proper operation of the Site or interfere with any other party's use and enjoyment of the Site; (v) you will not try to harm the Site in any way whatsoever, or use the Site in any manner that could damage, disable or impair our servers or networks; (vi) you will not copy or distribute the Site or any other content without written permission from us; (vii) you will only use the Site for your internal operations and will not resell it to a third party or otherwise use it for commercial purposes; and (viii) you will keep secure and confidential the password to your User Account or any identification that Human provides which allows access to the Site.

You may not attempt to gain unauthorized access to any Services, user accounts or computer systems or networks, through any means. You agree that you will not use the Site, or the content, information or materials contained on it except as authorized in these Terms. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site in any unauthorized manner, including by trespass or burdening network capacity; (ii) use the Site in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, in whole or in part, in any form or manner, or by any means; (iv) harvest or scrape any content or data from the Site; or (v) permit any third party to engage in any of the acts described in clauses (i) to (iv).

You may store up to 100GB of content in your User Account, with a Human Plus subscription. 

We may adopt any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service. Human and our licensors reserve the right to change, suspend, remove, or disable access to the Site, or any portion of the Site at any time without notice. In no event will Human be liable for the removal of or disabling of access to the Site or any portion thereof. Human may also impose limits on the use of or access to the Site, in any case without notice or liability.

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6. Subscriptions and billing

Human offers free and paid Services. This section provides terms relating to the Services that are only available with a paid subscription (namely Human Plus). You can learn more about the Human Plus subscription offerings [here]. You can sign up for either a monthly or annual subscription, which will continue until canceled.

Renewals: Your subscription will automatically renew on a monthly or annual basis as applicable, until canceled. In the case of an annual subscription, we will send you a reminder by email at least 30 days before such automatic renewal takes effect. 

Billing: By subscribing for a monthly or annual subscription, you agree to pay the associated fees (“Fees”) and you authorize Human to automatically charge your nominated payment method at the beginning of each subscription period for the then-current price of your recurring subscription, until canceled. If we are not able to charge your payment method for your recurring subscription, you remain responsible for any uncollected amounts.

Cancellation by you: You can cancel your subscription at any time via your account settings on your device. If you cancel your subscription, you may continue to access the Human Plus Services until the end of your current subscription period but your subscription will not be renewed after your current subscription period expires. You will not receive a refund or credit for any amounts that have already been billed. You must cancel your subscription before the end of your current subscription period to avoid being charged for the next subscription period. 

Cancellation by Human: If you fail to pay any Fees when they are due and payable under these Terms, Human will cancel your Human Plus subscription on notice to you. 

Pricing: Pricing of Fees may vary by location and will be based on the billing information you provide us at the time of purchase. Human is entitled to change its prices at any time, provided that any changes to pricing will not apply until your next renewal or 30 days after notice, whichever is later.  If you do not agree to those changes, you can cancel your subscription as described above.

Taxes: Your subscription fees are inclusive of all taxes. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.

Billing Communications: You agree that Human may contact you at any time by email, push notifications, or other method with information relevant to your subscription or billing relating to the Human Plus Services.

Special terms if you are located in the EU: Subject to some restrictions, consumers in the EU can cancel subscriptions within 14 days of purchase and receive a refund. However, they cannot do so if the delivery of services has already started, upon their request. By subscribing for the Services, you request that we start delivery of the Services immediately, and you acknowledge that by doing so, you lose any such cancellation right.

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7. Human’s Intellectual PropertyThe Site and its content, including its “look and feel” (e.g. text, graphics, images, logos) proprietary content, information and other materials, are protected under intellectual property, copyright, trademark, and other laws. You agree that Human and/or our licensors own all right, title and interest in and to the Site (including any patent, copyright, trade secret, trademark, know-how and any and all other intellectual property rights in or related to the Site) and you agree not to take any action inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Human’s (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use.

You agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site in whole or in part; (iii) use any means to discover the source code of any portion of the Site; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Site. Any attempt to do any of the foregoing is a violation of Human’s and our licensors’ rights. If you breach these restrictions, you may be subject to prosecution and damages.

Any and all (i) suggestions for correction, change and modification to the Site and other feedback (including quotations of written or oral feedback), information and reports provided to Human by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Human or otherwise relating to the Site and/or Service (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. You agree to assign to Human any and all right, title and interest (including any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

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8. Changes to the Terms or Site

Human may, at any time and without notice, modify these Terms of Use by revising them on the Site.  If we make changes, we will post the revised Terms of Use on the Site, and will update the “Effective Date” at the start of the revised Terms. You should therefore periodically visit this page to review the current Terms of Use. Your continued use of the Site constitutes your acceptance of any such revisions. If you disagree with the changes to these Terms of Service, you should discontinue your use of the Site. You may not modify these Terms of Use except in a written agreement signed by Human.

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9. Third-Party Links

In an attempt to provide increased value to our users, Human may link to sites operated by third parties (each a “Third Party Service”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service, and Human does not endorse the content, or any products or services available, on such sites. These linked sites are only for your convenience and therefore you access them at your own risk. Human makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

10. Disclaimer - Warranty

THE SITE, ITS CONTENT (INCLUDING DOWNLOADABLE CONTENT), MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED "AS IS."  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HUMAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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Human does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available is free of viruses or other harmful components. Human does not make any warranties or representations regarding the content (including downloadable content) or use of materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. No oral or written information given by a Human representative shall create a warranty. 

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11. Indemnification

You agree to indemnify, defend, and hold harmless Human, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, use or misuse of the Site or any other activity related to your User account (including negligent or wrongful conduct) by you or any other person accessing the site using your User Account. We are entitled to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

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12. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER HUMAN, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

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13. Term and termination

Term: These Terms shall take effect the first time you access the Services and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Human’s free offering, when your User Account is deleted or terminated.

Termination by Human: If Human, in its reasonable discretion, determines that you or your use of the Services violates these Terms, Human may suspend your access to the Services or terminate and delete your User Account. In such case, you will not receive any refund in respect of subscription fees already paid, and you may not create a new User Account unless you first receive Human’s written permission.

Survival of sections: Sections 10 to 18 (inclusive) and 21 of these Terms of Use will survive the termination of this Agreement.

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14. Third-Party Distribution Channels

Human’s mobile application (the “App”) may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). This Agreement is between you and us only, and not with the Distribution Channel. If you obtain the App through a Distribution Channel, you may be subject to additional terms of that Distribution Channel.  

As such, where the App is made available for your use in connection with an Apple-branded product, in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

• Acknowledgement: Human and you acknowledge that this Agreement is concluded between Human and you only, and not with Apple Inc. (“Apple”), and that as between Human and Apple, Human, not Apple, is solely responsible for the App and the content thereof. You may not use the App in any manner that is in conflict with the Apple Media Services Terms and Conditions (“Apple Terms”). 
• Scope of License: Your license to use the App is limited to a non-exclusive, revocable, non-transferable license to use the App on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the Apple Terms.
• Maintenance and Support: Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.
• Warranty: Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Human’s sole responsibility, to the extent that they cannot be disclaimed under applicable law.
• Product Claims: Human and you acknowledge that Human, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Human and Apple, Human, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address: If you have any questions, complaints or claims with respect to the App, please direct them to Human at  support@human.health or 3/91 Reservoir Street, Surry Hills, Sydney, NSW, 2010, Australia (attention: Head of Engineering).
• Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App. In other words, you should ensure that your use of the App does not put you in breach of any other agreements that you may have with third parties. 
• Third Party Beneficiary: Human and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the App as a third party beneficiary thereof. 

15. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Site shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for health technology services, either as an attorney or as an health technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. 

If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, you agree that a breach of these Terms of Use by you will cause irreparable injury to Human for which monetary damages may not be an adequate remedy and that Human will be entitled to seek equitable relief in any court of competent jurisdiction, in addition to any other remedies available to us under these Terms of Use, or at law without a bond, other security or proof of damages.

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16. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND HUMAN ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND HUMAN BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD 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. IF FOR ANY REASON THE ARBITRATION CLAUSE SET OUT IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND HUMAN BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

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17. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. Subject to sections 15 and 16 above, courts of general jurisdiction located within New York, New York, will have exclusive jurisdiction over any disputes arising out of or relating to these Terms of Use or the Site.

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18. Notice and Electronic Communications

When you visit the Site or send emails to Human, you are communicating with us electronically. You consent to receive communications from us electronically, to your nominated email address. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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19. Assignment

You may not assign these Terms of Use or your User Account without Human’s written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Human may assign any of its rights and obligations under these Terms of Use without consent including in connection with any merger , consolidation, re-organisation, or sale of all or substantially all of its related assets or similar transaction. These Terms of Use shall be binding on the parties' permitted assignees, transferees and successors.

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20. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site by contacting us at support@human.health.

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21. General Provisions

These Terms of Use, along with the Human Privacy Policy, constitute the entire agreement and understanding between you and Human with respect to use of the Site, superseding all prior or contemporaneous communications with Human. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Save as set out in section 14, nothing in this Agreement shall be deemed to confer any third-party rights or benefit. The failure of Human to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

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