Terms of Service
Please read these terms carefully before using our services.
Last Updated: January 1, 2025
Welcome to TMRW LLC dba TMRW, TMRW Aesthetics for Men, Tomorrow, TOMORROW, Tomorrow Aesthetics for Men, TOMORROW Aesthetics for Men. These Terms of Service (“Terms”) govern your access to and use of the Patient Portal (the “Portal”) and the website (the “Website”) at https://www.tmrwformen.com/ provided by TMRW (“we”, “us” or “our”), and constitute a binding legal agreement between you (“you”, “your” or “User” refers to the individual that visits or uses our Website), as a user of the Website and Portal and us. For further information on policies governing the use of our Website and Portal, please visit our Privacy Policy at https://www.tmrwformen.com/policies/privacy-policy.
NOTE THAT SECTION 27 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By accessing, using, or purchasing anything from the Website or Portal, you agree to these Terms. Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an electronic notification). It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or Portal following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 27, you are not authorized to access or use the Website or the Portal for any purpose.
TMRW, itself, does not provide any healthcare services. Evaluative services (“Services”) are furnished by affiliated medical providers (“Affiliated Medical Providers” or “Providers”) practicing within independently owned and operated professional practices (“Affiliated Medical Practices”). TMRW Affiliated Medical Providers are an addition to, and not a replacement for, your local primary care provider. Responsibility for your overall medical care should remain with your local primary care provider.IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM FOR EVALUATION AND TREATMENT. DO NOT RELY ON COMMUNICATION THROUGH THIS WEBSITE, THE PORTAL, OR OUR SERVICES FOR URGENT MEDICAL NEEDS.
1. PRIVACY
Federal and State laws govern the confidentiality of medical information. Please read our privacy policy for information about how Tomorrow Aesthetics for Men and its Affiliated Medical Practices collect, use, and disclose information through the Website, Portal, Online Store, Products, and Services. By accessing or using our Website, Portal, Online Store, Products, and Services, you agree that TMRW and its Affiliated Medical Practices can collect, use and share such information in accordance with our privacy policy, which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time.
2. ONLINE STORE PRODUCTS
TMRW provides an Online Store, hosted by Shopify Inc., that offers Users the ability to purchase skincare-based products (“Products”). The Website may make available listings, descriptions, and images of goods or services or related coupons, discounts, or trials of goods, as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the purchase, possession, and use of any Product. Any discount, coupon, promotion, trial, and/or other modification to subscription pricing is non-transferable, not redeemable for cash or cash equivalent, and may only be redeemed online in your User Account.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. Any offer for any Product made on this site is void where prohibited. We do not warrant that the quality of any Product, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
3. SERVICES
TMRW delivers a platform that offers Users the opportunity to obtain neurotoxin Services that will be delivered at one of our clinics.
We reserve the right, but are not obligated, to limit our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. Any offer for any Service made on this site is void where prohibited. We do not warrant that the quality of any Service purchased or obtained by you will meet your expectations.
Services are provided “as is” without warranties of any kind, including, express warranties, implied warranties, warranties of merchantability, warranties for fitness for a particular purpose, or non-infringement of intellectual property. In no event will TMRW or its Affiliated Medical Practices or Providers be liable to you or anyone else for any decision made or action taken in reliance on the information contained on this Website, Portal, or given during Services, or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
As further detailed below, TMRW itself does not provide any healthcare services. Services are furnished by affiliated medical providers practicing within independently owned and operated professional practices.
4. ELIGIBILITY
4.1. Online Store Products
The TMRW online store is not targeted toward or intended for use by anyone under the age of eighteen (18). By using the online store, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our online store on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
4.2. Services
The Services provided by TMRW Affiliated Medical Practices may be used by those over the age of eighteen (18). By using the Services, you represent and warrant that you (a) are eighteen (18) years of age or older, (b) are a resident of the respective US state from which services are sought, where applicable, (c) have not been previously suspended or removed from the Website and/or Portal, or engaged in any activity that could result in suspension or removal from the Website and/or Portal, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Website and/or Portal on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you, or the other person, or entity violates these Terms.
5. PRODUCT AND SERVICE PRICING
TMRW offers competitive pricing for Products and Services. Please note that prices, Products, Services, offers, and specials are subject to change at any time without notice. Our Products and Services are cash-pay only. We do not bill insurance, and our Services are not covered by any state or federal insurance plans, including, but not limited to, Medicare, Medicaid, Medi-Cal, HMO, PPO, or private insurance plans whatsoever. All payments are your responsibility. We accept credit cards, debit cards, and Zelle. Prices and availability of Products and Services detailed in Section 2 and Section 3 are subject to change without notice. The prices for Products and Services are quoted in U.S. Dollars and are valid and effective only in the United States. The total price specified in the final check-out screen, if applicable, includes tax and shipping costs. Purchases made on the Website will be recorded in the Order Confirmation.
While TMRW strives to provide accurate pricing information, pricing or typographical errors may occur. In the event a Product or Service is listed at an incorrect price due to typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such Product or Service at the incorrect price, even if the order has been confirmed and/or your credit or debit card has been charged. In the event that an item is misplaced, TMRW may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit or debit card has already been charged for the purchase and your order is canceled, TMRW or its Affiliated Medical Practices shall promptly issue a credit to your credit or debit card account in the amount of the correct price.
TMRW and other affiliates do not advertise or solicit for patronage that which is not in the public interest or in violation of any State or Federal laws. Any advertising of fixed prices, or a stated range of prices, for specified routine professional services, is permitted provided that if there is an additional charge for related services which are an integral part of the overall service being provided, the advertisement shall so state, and provided further that the advertisement indicates the period of time for which the advertised practices shall be in effect.
TMRW, ITS MEDICAL AFFILIATES, AND AFFILIATED LICENSED PROFESSIONALS DO NOT PAY, RECEIVE, OR SOLICIT, ANY REMUNERATION IN RETURN FOR REFERRALS, DIRECTLY OR INDIRECTLY OFFER, GIVE, SOLICIT, OR RECEIVE OR AGREE TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A THIRD PARTY FOR THE REFERRAL OF A CLIENT OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES, NOR ARE ANY OF THE ENTITIES OR PERSONS PERMITTED TO SHARE IN THE FEES FOR SERVICES, INCLUDING ANY ARRANGEMENT OR AGREEMENT WHEREBY THE AMOUNT RECEIVED IN PAYMENT FOR FURNISHING SPACES, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A LICENSEE CONSTITUTING A PERCENTAGE OF, OR OTHERWISE DEPENDENT UPON, THE INCOME OR RECEIPTS OF THE LICENSEE FROM SUCH PRACTICE SUBJECT TO CERTAIN EXCEPTIONS PERMITTED BY LAW. FOR FURTHER INFORMATION REGARDING FEE-SPLITTING, STARK, ANTI-KICKBACK, OR EKRA LAWS, PLEASE VISIT THE FOLLOWING WEBSITE:
6. PLACING ORDERS
Orders for Products may be placed on https://www.tmrwformen.com/. To place an order for applicable Products, you must submit your contact email, name, telephone number (optional), shipping address, billing address, credit or debit card number, and choose your shipping method. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you. We will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Service and the relevant Order Confirmation for future reference. If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.
6.1. Pre-orders
If you place a Pre-order, you will be buying an out-of-stock or soon-to-be-available product not yet in inventory. We may collect no payment or a partial deposit at checkout, store your payment method, and fulfill and charge the full or remaining payment at a future date. You can cancel a partially paid Pre-order that has not yet been fulfilled. If the order has been fulfilled, then you cannot cancel the order, but you can request a full or partial refund.
6.2. Try Before You buy
If you place an Order for a Try-Before-You-Buy item, we authorize your payment method before fulfilling the order. You will have a set amount of time to elect to keep the Product or return the Product. Once the time period has passed, if you have not returned the Product, we will charge your payment method for the full amount.
6.3. Subscriptions for Products and Services
If you place an order for a Subscription, you will receive repeat deliveries or services at set dates and times that you have confirmed. These deliveries or services are based on the Subscription duration and frequency. Your payment details will be stored securely. Unless you have paid in advance, you will be charged for each delivery once it is shipped. Service subscriptions will be billed in advance. Subscriptions may auto-renew at the end of their duration. You may cancel or change your Subscription at any time. Subscriptions can only be managed via your Account.
6.4 Fulfillment
Fulfillment of all orders and services on the Website is subject to availability. We explicitly reserve the right not to accept your order for any product or service for any reason.
For Product Offerings Only
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We also reserve the right to cancel a Contract in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we canceled:
- the Product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems
- you are under the age of eighteen (18);
- there was an error in the price displayed on the Online Store for product or service offerings
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (defined in Section 11); or
- in the event of misspelling, pricing, or other errors or mistakes in the Product information.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made.
6.5. No Purchase for Resale Allowed
We sell our Products direct to You (“End Consumers”) through the Website. Purchase of Products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If we believe you are involved in purchase for resale, We reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your User Account.
7. ONLINE STORE PAYMENT AND BILLING
By paying with a credit or debit card, or by paying via Zelle(collectively “Online Payment System(s)”), you hereby certify that you are (1) an authorized user of the credit card, debit card, or Online Payment System or have been granted authorization to use the credit card, debit card or Online Payment System, (2) you authorize TMRW to charge the amount agreed upon to the credit card, debit card, or Online Payment System, and (3) if the charge is reversed by the credit card or debit card issuer, network, or Online Payment System, you agree to reimburse TMRW for all reasonable costs of collection. You also understand that you are still responsible for the full payment of Products. Presenting any form of payment in which you are not an authorized user may be considered fraud and subject to law enforcement notification and prosecution.
In addition, you agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
All payment information is encrypted during transfer over networks.
8. PROCESSING, SHIPPING, AND DELIVERY
Product orders are processed in three to five business days. Online Store Product orders are shipped Monday through Friday at 9:00 AM and 5:00 PM Pacific Standard Time. The shipping methods offered are free shipping, standard shipping, and rush shipping.
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. The title and risk of loss for products purchased from TMRW or its Affiliated Medical Practices pass to you upon our delivery to the carrier.
9. RETURNS, REFUNDS, EXCHANGES, AND CANCELLATIONS
9.1. Returns
TMRW’s free return policy lasts 30 days. The free return policy applies only to skincare Products. The return policy does not apply to products needed to conduct Services. To be eligible for a return, your item must be unused, in the original packaging, and in the same condition that you received it. Gift cards and sale items are non-returnable.
Returns for products needed to conduct Services are given on a case-by-case basis only.
9.2. Refunds
If applicable, a refund will be issued based on the original form of payment. It may take up to three weeks for refunds to be processed and posted with your bank. If, after sufficient time has passed, your refund has not been received, please contact us at contact@tmrwformen.com.
9.3. Exchanges
We will replace or exchange Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. To exchange an item, contact us at contact@tmrwformen.com and send your item to: TMRW LLC, 9420 West Sahara Ave, Suite 105, Las Vegas, Nevada 89117, United States. In the event your claim is justified, the shipping costs will be refunded to you if sent from a location within the United States. The time it will take for the exchanged product to reach you may vary.
9.4. Cancellations
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store in three to five business days. If you wish to cancel your order, please contact us at contact@tmrwformen.com. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the return policy stated above.
10. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
If an Event Outside Our Control affects our delivery of a product or service to you, we will arrange a new delivery or service date with you after the Event is over. If an Event Outside Our Control occurs and you no longer wish us to provide any services or products, you may cancel the contract. Please see your cancellation rights in the “Cancellations” subsection above.
11. USER ACCOUNTS AND ACCOUNT SECURITY
You may need to register for a TMRW Account on our Website or Application (“Account(s)”) to access parts of our Website, Portal, or Application. As part of this process, you must provide accurate Account information and promptly update this information if it changes. You should maintain the security of your Account(s) and promptly notify us if you discover or suspect that someone has accessed your Account without your permission.
You can buy Products as a Website guest. However, to receive services, you may need to create an Application Account. Your account is also where you can manage product subscriptions.
12. COMMUNICATIONS
By purchasing Products or Services you may receive communications from us, which may include emails, text messages, voice calls, and push notifications (the “Communications”). Your agreement to receive Communications is not a condition of any purchase. Communications from or on behalf of TMRW may include but are not limited to: the use of Products or Services; informational communications concerning the Online Store, messages from your Provider, marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party affiliates.
Text messages are powered by a third-party, Boulevard Labs, Inc., and will be to the phone number you have supplied to us. You must opt in to the text message program in order to receive text messages. You agree that text messages may be made using automatic dialing systems or other automated technologies. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You should ensure that you are familiar with and approve of the terms by which Boulevard Labs, Inc. is governed. The Boulevard Labs, Inc. Terms of Service are located here: https://www.joinblvd.com/legal/client-terms-of-service.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL), YOU CAN REPLY WITH THE WORD “STOP” or “STOP ALL”.
Additionally, You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
12.1. Mobile SMS Opt In
You will receive SMS mobile messages by affirmatively opting in to receive text messages, such as through online or application-based enrollment forms. By opting in, you agree to receive auto-dialed or predetermined mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
12.2. Mobile SMS Opt Out
If you do not wish to continue to receive text messages, you agree to reply STOP, or STOP ALL, to any mobile message sent to you in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting an agent or employee to remove you from our list, is not a reasonable means of opting out. Ten (10) days will be given to honor requests to opt-out.
13. TESTIMONIALS, REVIEWS, AND CONTESTS
TMRW and its Affiliated Medical Practices may feature testimonials and reviews from clients in order to provide Users with additional information about others’ experiences with the Products or Services offered. While all information, photos, and quotes used are from actual Users sharing their honest opinions of the Products and Services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.
TMRW and its Affiliated Medical Practices may also provide the opportunity to participate in contests on our Website and/or third-party social media platforms. If you participate, we will request certain personal information. Participation in these contests is voluntary and you, therefore, have a choice whether or not to disclose this information. We may announce the names of contest winners on our Website and/or on social media platforms.
14. USER CONTENT
Our Website may allow you to upload, store, and share content, including messages, text, photos, images, and other materials (collectively, “User Content”). Except for the license you grant below, as between you and TMRW, you retain all rights in and to your User Content.
De-identified images uploaded, stored, and shared content, including messages, text, photos, images, and other materials shared may later be used internally by TMRW and/or sold to third parties for the development of AI models, including but not limited to use related to future research in compliance with any federal and state regulatory policies and laws.
Excluding in this Section protected health information that has not been de-identified, which is covered by our privacy policy, you hereby grant TMRW a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. This license is effective until terminated by you or TMRW.
If you supply or transmit any User Content via the Website, Portal, or Online Store, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). You further agree that your comments will not contain any computer virus or other malware that could in any way affect the operation of our Website or any related website.
In the event you choose to provide TMRW or its Affiliated Medical Practices with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and nonproprietary. You hereby grant TMRW a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although TMRW reserves the right to review or remove all User Content on the Website, Portal, and Online Store, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Website, Portal, or Online Store.
15. APPROPRIATE USE OF THE WEBSITE ETC.
You agree to use the Website, Portal, Online Store, Products, and Services in accordance with all applicable local, state, national and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website, Portal, Online Store, Products, and Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Website, Portal, Online Store, Products, and Services:
- engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- use or attempt to use another User’s Account without authorization from that User;
- use our Website, Portal, Online Store, Products, and Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying our Website, Portal, Online Store, Products, and Services or that could damage, disable, overburden or impair the functioning of our Website, Portal, Online Store, Products, and Services in any manner;
- reverse engineer any aspect of our Website, Portal, Online Store, Products, and Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website, Portal, Online Store, Products, and Services;
- infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website, Portal, Online Store, Products, and Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Website, Portal, Online Store, Products, and Services without our prior written consent, including any scripts designed to scrape or extract data from our Website, Portal, Online Store, Products, and Services;
- transmit any worms, viruses, or any code of a destructive nature.
- misrepresent your identity or provide Ritual or its Affiliated Medical Practices with any false information in any information-collection portion of our Website, Portal, Online Store, or Services;
- directly or indirectly authorize anyone else to take actions prohibited in these Terms of Service; or
- use our Website, Portal, Online Store, Products, and Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only upload or otherwise share User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, Portal, Online Store, Products, and Services, or that may expose TMRW or its Affiliated Medical Practices or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
16. MODIFICATION, ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We reserve the right to modify the contents of this site at any time, however, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We are not responsible if information made available on this site contains typographical errors, is not accurate, is not complete, or is not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information may not be current and is provided for your reference only.
17. TERMINATION; CANCELLATION
We may change the Website, Portal, Online Store, Products, Services, or the TMRW Content (defined below) at any time. We may discontinue offering our Website, Portal, Online Store, Products, or Services, and we may suspend or terminate your right to use our Website, Portal, Online Store, Products, or Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Website, Portal, Online Store, Products, or Services or our termination of the Website, Portal, Online Store, Products, or Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated, or canceled, respectively.
18. INTELLECTUAL PROPERTY; LIMITED LICENSE
The Website, Portal, Online Store, Products, and Services; and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “TMRW Content”) are owned by or licensed to TMRW and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, TMRW and our licensors reserve all rights in and to our Website, Portal, Online Store, Products, Services, and the TMRW Content.
TMRW hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Website, Portal, Online Store, Products, Services, and the TMRW Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Products, Services, or the TMRW Content; (b) copy, reproduce, distribute, publicly perform or publicly display TMRW Content, except as expressly permitted by us or our licensors; (c) modify the TMRW Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website, Portal, Online Store, Products, Services, and the TMRW Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Website, Portal, Online Store, Products, Services, and the TMRW Content other than for their intended purposes. Any use of our Website, Portal, Online Store, Products, Services, and the TMRW Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
19. LINKS TO THIRD PARTIES
The Website, Portal, Online Store, and Services may include links to third-party websites, resources, and advertisements (collectively, “Third-Party Sites”). We are not responsible or liable for the availability or accuracy of, and TMRW does not endorse, sponsor, or recommend any Third-Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and TMRW will not be liable for any losses arising out of or relating to Third-Party Sites.
TMRW makes no representation that such Third-Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. TMRW reserves the right to change, suspend, remove, or disable access to any Third-Party Sites at any time without notice. In no event will TMRW be liable for the removal of or disabling of access to any such Third-Party Sites. TMRW may also impose limits on the use of or access to certain Third-Party Sites, in any case, and without notice or liability.
20. THIRD-PARTY OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
21. THIRD-PARTY ELECTRONIC HEALTH RECORD SYSTEMS
Any information and services provided by third-party electronic health record systems (“Third-Party EHRs”) are the sole responsibility of Third-Party EHRs. TMRW has no responsibility or liability for the information and services provided by Third-Party EHRs. Similarly, Third-Party EHRs have no responsibility or liability for the Services provided by TMRW. Third-Party EHRs and TMRW have no agency, partnership, joint venture, or employee-employer relationship intended or created by these Terms or any relationship between these Third-Party EHRs and TMRW.
Any information provided by Third-Party EHRs is designed to assist licensed healthcare practitioners in caring for Users and/or to serve Users viewing this service as a supplement to, and not a substitute for, the expertise, skill, knowledge, and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. Third-Party EHRs do not assume any responsibility for any aspect of healthcare administered with the aid of information the Third-Party EHRs provide. You should ensure that you are familiar with and approve of the terms by which the Third-Party EHRs are governed.
22. COPYRIGHT COMPLAINTS
TMRW and its Affiliated Medical Practices have a policy of limiting access to the Website, Portal, Online Store, Products, and Services and terminating the Accounts of Users who infringe the intellectual property rights of others. If you believe that anything on the Website, Portal, Online Store, Products, or Services infringes any copyright that you own or control, you may notify us as follows:
Name: TMRW LLC
Address: 9420 West Sahara Ave, Suite 105, Las Vegas, Nevada 89117
Telephone Number: +1 (702) 330-0901
E-Mail Address: contact@tmrwformen.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website, Portal, Online Store, Products, or Services is infringing, you may be liable to TMRW and its Affiliated Medical Practices for certain costs and damages.
23. DISCLAIMER OF WARRANTIES
WHILE WE ENABLE USERS AND PRACTICE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. IN ADDITION, WE ARE NOT RESPONSIBLE FOR AND WE EXPRESSLY DISCLAIM ALL LIABILITY THAT MAY RESULT FROM INFORMATION MADE AVAILABLE BY USERS AND PRACTICE USERS AND THE CONDUCT OF USERS AND PRACTICE USERS, WHETHER ONLINE OR OFFLINE. TMRW DOES NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE OF ANY PRACTICE USERS. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY PRACTICE USER IS LICENSED, QUALIFIED, INSURED, OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY PRACTICE USER, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE.
YOUR USE OF THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND TMRW CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND TMRW CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
TMRW AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND TMRW CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, OR SERVICES. TMRW MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY PRACTICE USERS, AND TMRW SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY PRACTICE USER IN CONNECTION WITH SUCH SERVICES.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TMRW CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. OUR SERVICES AND TMRW CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND TMRW AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR TMRW CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY TOMORR TMRW WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, AND TMRW CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, PORTAL, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THEM ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
24. LIMITATION OF LIABILITY
IN NO EVENT WILL TMRW, TMRW’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “TMRW PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, OR TMRW CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TMRW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, PORTAL, ONLINE STORE, PRODUCTS, SERVICES, TMRW CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE TMRW PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID TMRW TO ACCESS OR USE THE SERVICES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) $50.
IN NO EVENT WILL THE TMRW PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PRACTICE USER FROM WHOM YOU RECEIVE HEALTHCARE SERVICES. TMRW IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PRACTICE USER PROVIDING HEALTHCARE SERVICES.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
25. INDEMNIFICATION
You will indemnify, defend, and hold harmless the TMRW Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matter
25.1. your access to or use of the Website, Portal, or the TMRW Content;
25.2. your User Content;
25.3. your violation of any of the provisions of these Terms;
25.4. any activity related to your registration by you or any other person accessing the Website, Portal, Online Store, Products, and Services through your Account, including, without limitation, negligent or wrongful conduct;
25.5. your conduct in connection with our Website, Portal, Online Store, Products, and Services; or
25.6. your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
TMRW reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
26. RELEASE
To the fullest extent permitted by applicable law, you release TMRW and the other TMRW Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
27. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TMRW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
27.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 15 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TMRW agree (a) to waive your and TMRW’s respective rights to have any and all Disputes arising from or related to these Terms, or the Website, Portal, Online Store, Products, and Services, resolved in a court, and (b) to waive your and TMRW’s respective rights to a jury trial. Instead, you and TMRW agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
27.2. No Class Arbitrations, Class Actions, or Representative Actions
You and TMRW agree that any Dispute arising out of or related to these Terms or the Website, Portal, Online Store, Products, and Services is personal to you and TMRW, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TMRW agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and TMRW agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
27.3. Federal Arbitration Act
You and TMRW agree that these Terms affect interstate commerce and that the enforceability of this Section 27 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
27.4. Notice; Informal Dispute Resolution
You and TMRW agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to TMRW shall be sent by certified mail or courier to 9420 West Sahara Ave, Suite 105, Las Vegas, Nevada 89117, United States. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your TMRW Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 12, and will include (d) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (e) a description in reasonable detail of the nature or basis of the Dispute, and (f) the specific relief that we are seeking. If you and TMRW cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or TMRW may, as appropriate and in accordance with this Section 27, commence an arbitration proceeding or, to the extent specifically provided for in Section 27.1, file a claim in court.
27.5. Process
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 17 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND TMRW AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR TMRW WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND TMRW WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and TMRW agree that (a) any arbitration will occur in the State of Nevada, Clark County, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Nevada and the United States, respectively, sitting in the State of Nevada, Clark County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
27.6. Authority of Arbitrator
As limited by the FAA, these Terms, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 27, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 27, are to be decided only by a court of competent jurisdiction and not by the arbitrator.
27.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
27.8. Severability
If any term, clause, or provision of this Section 27 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 27 will remain valid and enforceable. Further, the waivers set forth in Section 27.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
27.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: contact@tmrwformen.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 28.
28. GOVERNING LAW; VENUE
These Terms and our relationship with you will be governed by the laws of the State of Nevada, excluding its choice of laws rules. You and TMRW each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the U.S. District Court for the District of Nevada, or the state courts located in Clark County, Nevada. You and TMRW each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and TMRW agree that TMRW may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
29. MISCELLANEOUS
29.1. Inaccurate Information
The Website, Portal, Online Store, Products, or Services may contain typographical errors or other inaccuracies and may not be complete or current. TMRW reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. TMRW may refuse to provide Products or Services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
29.2. Modification
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted on our Website. Your continued use of our Website will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
29.3. Section Titles
The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
29.4. Assignment
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TMRW without restriction.
29.5. Integration Clause
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Website and the TMRW Content and replace any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Website or the TMRW Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Website or the TMRW Content, the signed written agreement will control.
29.6. Waiver and Severability of Terms
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
29.7. Survival
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
29.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. CONTACTING US
We encourage you to contact us if you have any questions concerning our Terms or if you would like to make a complaint.
- Please contact us at contact@tmrwformen.com replies are sent within two (2) business days.
- You may call us at +1 (702) 330-0901. We are available every day from 9:00 AM – 5:00 PM Pacific Standard Time.
- You may also contact us by mail. Our name and address are: TMRW LLC; 9420 West Sahara Ave, Suite 105, Las Vegas, Nevada 89117, United States.
17. CONTACT US
We encourage you to contact us if you have any questions concerning our Terms of Service or if you would like to make a complaint.
- Please contact us at contact@tmrwformen.com. Replies are sent within two (2) business days.
- You may call us at +1 (702) 330-0901. We are available every day from 9:00 AM - 5:00 PM Pacific Standard Time.
- You may also contact us by mail. Our name and address are: TMRW LLC, 9420 West Sahara Ave, Suite 105, Las Vegas, Nevada 89117, United States.