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Payment.". Nothing contained in this Agreement shall be construed as a waiver or limitation of Hims or its licensors respective rights and remedies under applicable law. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-spam Act, or any other applicable laws, rules, or regulations. Hims is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event. In no event shall Hims or any of Hims officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject.
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If you download, access or use the App from or through Apples App Store, then the limited license(s) granted to you hereunder with respect to the App (see section 5(b) above) is/are hereby amended to add the following restriction: you may not use the App. Such modifications will be posted on this or a similar page of the Site or the App, as applicable, e-mailed to the e-mail address associated with your User Account (defined below) or posted to your User Account (defined below and shall be deemed effective. Hims does not make, nor has Hims made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the App, the success, performance, functionality, reliability or safety. Suspension or Termination of Service. Your visit, access, registration with or use of the Site and/or the App in any way is done at your own risk. Please read this Agreement carefully before accessing or using the Site or the App because it constitutes a legally binding agreement between you and Hims. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Hims will not charge you a Subscription Fee for any such promotional free trial period. Hims is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely. Similarly, by visiting, accessing, registering with or using the Site or the App you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Site or the App reaffirms your acceptance and.
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