MyELDOA.com & Wendy Shubin

Terms of Use

MyELDOA.com & Wendy Shubin (collectively, “MyELDOA.com”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, services, promotions, software, technology and any other materials (collectively, “MyELDOA.com Services”).

MyELDOA.com SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY MyELDOA.com SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.

1. Agreement; Privacy Policy.

These Terms of Use (“Terms”) and our Privacy and Cookie Policies (collectively, as referenced herein, the "Privacy Policy") (www.MyELDOA.com) form a legally binding agreement between you and MyELDOA.com and govern your access and use, and our provision of, the MyELDOA.com and any other technology, content, items or other materials provided by or through MyELDOA.come, or otherwise on which these Terms are provided. 

BY ACCESSING OR USING ANY MyELDOA.com SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS, OUR PRIVACY AND COOKIE POLICIES AND ANY AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE. READ THESE TERMS CAREFULLY BEFORE USING ANY MyELDOA.com SERVICES.

2. Updates to these Terms.

We may in our sole and absolute discretion change these Terms or our Privacy or Cookie Policies from time to time to comply with laws or due to changes in our business requirements. These revisions shall be effective for users immediately upon being posted to the OC Positive Posture Services. If you do not agree with any of the changes, you must discontinue using any and all MyELDOA.comServices. By continuing to use any MyELDOA.com Services, you expressly accept any applicable changes. 

3. MyELDOA.com’s Intellectual Property; Limited License to MyELDOA.com Services.

A. Ownership.  You acknowledge and agree that the MyELDOA.com Services, and intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by MyELDOA.com or its affiliates, licensors or suppliers. You expressly agree that you will do nothing inconsistent with MyELDOA.com’s ownership of the MyELDOA.com Services, and that you gain no rights, title, or interest in or to any MyELDOA.com Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and MyELDOA.com. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MyELDOA.com or any third party. Any and all goodwill arising from your use of any MyELDOA.com Services shall inure solely to the benefit of MyELDOA.com.

B. Limited License.  For any MyELDOA.com Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific MyELDOA.com Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

C. Restrictions.  You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any MyELDOA.com Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any MyELDOA.com Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the MyELDOA.com Services; (iv) access or use any MyELDOA.com Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any MyELDOA.com Services or any part thereof, except as expressly authorized in these Terms or as part of the MyELDOA.com Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any MyELDOA.com Services or connected network, or interfere with any person or entity’s use or enjoyment of any MyELDOA.com Services; (vii) access, monitor, or copy any element of the MyELDOA.com Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the MyELDOA.com Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any MyELDOA.com Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any MyELDOA.com Services, you represent and warrant that: (ix) your access to and use of the MyELDOA.com Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) 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 that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any MyELDOA.com Services and our websites.

D. Providers.  If you access any MyELDOA.com Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of MyELDOA.com Service to operate as intended.

When accessing any MyELDOA.com Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and MyELDOA.com, and not with the App Provider, and that we are solely responsible for any MyELDOA.com Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any MyELDOA.com Services; (iii) in the event of any failure of the MyELDOA.com Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the MyELDOA.com Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the MyELDOA.com Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any MyELDOA.com Services or your possession and use of the MyELDOA.com Services, including without limitation: (d) product liability claims; (e) any claim that the OC Positive Posture Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the MyELDOA.com Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the MyELDOA.com Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the MyELDOA.com Services. 

E. Disclaimer of Warranties.  YOU ACKNOWLEDGE AND AGREE THE MyELDOA.com SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, IF ANY, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE MyELDOA.com SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE MyELDOA.com SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY MyELDOA.com SERVICES. YOU AGREE TO USE THE MyELDOA.com SERVICES AT YOUR SOLE RISK.

YOU WILL NOT HOLD MyELDOA.com OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE MyELDOA.com SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE MyELDOA.comE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

ALL INFORMATION AND EXERCISES PROVIDED BY MyELDOA.com ARE FOR EDUCATIONAL PURPOSES ONLY, AND ARE NOT TO BE INTERPRETED AS A DIAGNOSIS OR RECOMMENDATIONS FOR A SPECIFIC TREATMENT PLAN OR COURSE OF ACTION. MyELDOA.com AND ITS AFFILIATES OR PARTNERS ARE NOT MEDICAL PROVIDERS IN ANY CAPACITY WITH RESPECT TO THE SERVICES. EXERCISE IS NOT WITHOUT ITS RISKS AND THIS OR ANY OTHER EXERCISE PROGRAM MAY RESULT IN INJURY. THEY INCLUDE AND ARE NOT LIMITED: RISK OF INJURY, AGGRAVATION OF PRE-EXISTING CONDITIONS OR ADVERSE EFFECTS OF OVER-EXERTION SUCH AS MUSCLE STRAIN, ABNORMAL BLOOD PRESSURE, FAINTING, DISORDERS OF HEARTBEAT, AND IN VERY RARE INSTANCES OF HEART ATTACK. TO REDUCE YOUR RISK OF INJURY, BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM, PLEASE CONSULT WITH A HEALTHCARE PROVIDER FOR AN APPROPRIATE EXERCISE PRESCRIPTION AND SAFETY PRECAUTIONS. THE EXERCISE INSTRUCTIONS AND ADVICE PRESENTED IN OR ASSOCIATED WITH THE SERVICES ARE EDUCATED GENERAL (NON-MEDICAL ADVICE) OPINIONS OF MyELDOA.com AND ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL CONSULTATION WITH A LICENSED PHYSICIAN. MyELDOA.com DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THIS OR ANY MyELDOA.com SERVICE. IF ANY AT ANY POINT DURING YOUR WORKOUT YOU BEGIN TO FEEL FAINT, DIZZY OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY AND CONSULT A PHYSICIAN. 

4. Your Content and Account.

A. User Generated Content.  The MyELDOA.com Services may allow you and users of our websites to communicate, submit, upload or otherwise make available personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through your Team MyELDOA.com Account or any other MyELDOA.com Services will be stored, maintained and used by MyELDOA.com in accordance with our Privacy Policy available at www.MyELDOA.com. 

B. User Conduct.  You must only use the MyELDOA.comServices for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any MyELDOA.com Services. In using any MyELDOA.com Services, and in particular, our websites, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  1. copy, reproduce, or improperly use, post or access any content on the MyELDOA.com Services;

  2. modify, distribute, or re-post any content on the MyELDOA.com Services for any purpose;

  3. use the content on the MyELDOA.com Services for any commercial exploitation whatsoever;

  4. disrupt or interfere with the security of, or otherwise abuse, the MyELDOA.com, or any services, system resources, accounts, servers, or networks connected to or accessible through the MyELDOA.com Services or affiliated or linked sites;

  5. access content, data or portions of the MyELDOA.com Services which are not intended for you, or log onto a server or account that you are not authorized to access;

  6. attempt to probe, scan, or test the vulnerability of the MyELDOA.com Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

  7. access any MyELDOA.com Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;

  8. interfere or attempt to interfere with the use of the MyELDOA.com Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  9. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the MyELDOA.com Services;

  10. upload, post, or otherwise transmit through or on the MyELDOA.com Services any viruses or other harmful, disruptive, or destructive files;

  11. create or use a false identity on the MyELDOA.com Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the MyELDOA.com Services;

  12. harvest or otherwise collect information about MyELDOA.com users, including email addresses and phone numbers;

  13. download, “rip,” or otherwise attempt to obtain unauthorized access to any MyELDOA.com Services, content or other materials; and

  14. post any copyrighted material unless the copyright is owned by you.

C. Your Account; Passwords.  You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree that we may take steps to verify the accuracy of information you provide.  You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the MyELDOA.com Services. You agree not to use the account, username or password of any other account holder at any time. MyELDOA.com will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

5. MyELDOA.com’s Products/Services; Websites; Apps; Orders.

A.  Order Processing.  We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will of course refund your payment. All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided. For shippable goods, sales and/or other taxes will be calculated based on the shipping address provided. For orders that consist of both shippable and non-shippable goods, sales and/or other taxes will be calculated based on the shipping address provided.

B. Your Personal and Payment Information.  When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our MyELDOA.com Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). 

C. MyELDOA.com’s Reservation of Rights.  MyELDOA.com reserves the right to suspend or terminate your interaction with any MyELDOA.com Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any MyELDOA.com Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.

6. Important Notice About Fitness and Nutrition Content.

A. MyELDOA.com Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice.

Although MyELDOA.com provides its products and services with your health and safety in mind, each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by MyELDOA.com and obtain appropriate authorization before accessing or using any MyELDOA.com Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL MyELDOA.com SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the MyELDOA.com Services should not be relied upon when making medical or other important healthcare decisions. MyELDOA.com DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY MyELDOA.com IN ANY MyELDOA.com PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY MyELDOA.com SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND MyELDOA.com OR YOU AND ANY PERSON CERTIFIED THROUGH MyELDOA.com.

Any individual results using MyELDOA.com Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one MyELDOA.com product, nutrition program and/or supplements, or extended the program to achieve their successful results.

B. Nutrition Information.  Certain MyELDOA.com Services, such as nutrition information, are designed to help our customers eat healthy to help them reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician or other licensed healthcare provider before beginning any nutrition plan or altering any dietary regimen. The MyELDOA.com Services are not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutritional deficiency or dietetic condition, you should consult your medical doctor, psychologist or nutritionist, as appropriate.

C. Assumption of Risk.  You expressly acknowledge and agree that your access, use and/or involvement with any MyELDOA.com Services, may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless MyELDOA.com from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with MyELDOA.com Services.

7. Copyright Policy and Copyright Agent.  It is MyELDOA.com's policy to respect the copyright and other intellectual property rights of others. MyELDOA.com may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, MyELDOA.com may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, MyELDOA.com complies with the Digital Millennium Copyright Act.

If you believe that content available on or through the online MyELDOA.com Services, or accessible via links posted on online MyELDOA.com Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.

You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online MyELDOA.com Services infringes your copyright, you should contact an attorney.

Please direct Notifications via email to: livingyogawithwendy@gmail.com.

Upon receipt of a complete Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers.

8. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

A. Disputes.  The terms of this Section shall apply to all Disputes between you and MyELDOA.com For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and MyELDOA.com arising under or relating to any MyELDOA.com Services, MyELDOA.com’s websites, these Terms, or any other transaction involving you and MyELDOA.com, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND MyELDOA.com AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR MyELDOA.com FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of these four exceptions.

B. Binding Arbitration.   You and MyELDOA.com further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

C. Dispute Notice.  In the event of a Dispute, you or MyELDOA.com must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to MyELDOA.com must be emailed to: livingyogawithwendy@gmail.com (the “MyELDOA.com Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If MyELDOA.com and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or MyELDOA.com may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

D. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

YOU AND MyELDOA.com AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND MyELDOA.com AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

E. Arbitration Procedure.  If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.

F. Initiation of Arbitration Proceeding.  If either you or MyELDOA.com decide to arbitrate a Dispute, we agree to the following procedure:

i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).

ii. Send three copies of the Demand for Arbitration, plus the appropriate filing

JAMS5 Park Plaza, Suite 400, Irvine, CA 92614, U.S.A.

iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

G. Hearing Format.   In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by MyELDOA.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MyELDOA.com is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

H. Arbitration Fees.  You are responsible for all costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

I. Opt-out.  You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the MyELDOA.com Notice Address within thirty (30) days of your initial assent to these Terms (including your first purchase of any MyELDOA.com Service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply.

K. Severability.  If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

L. Exclusive Venue for Other Controversies.  MyELDOA.com and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Orange County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

9.  Indemnification; Limitation of Liability.

A. Indemnification.  You agree to indemnify and hold MyELDOA.com, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any MyELDOA.com Services, your violation of these Terms, or your violation of any rights of a third party.

B. Limitation of Liability.   TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MyELDOA.com OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MyELDOA.com OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY MyELDOA.com SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MyELDOA.com AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO MyELDOA.com FOR ANY MyELDOA.com SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MyELDOA.com AND YOU. THE MyELDOA.com SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. MyELDOA.com WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.

10. General.

A. Governing Law.  You agree that the laws of the State of California, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and MyELDOA.com. As the MyELDOA.com Services are controlled by MyELDOA.com from California, California law will apply regardless of your residence or the location where you use MyELDOA.com Services.

B. Notices.  All notices required or permitted to be given under these Terms must be in writing. MyELDOA.com may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH MyELDOA.com IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY MyELDOA.com OF AN EMAIL TO THAT ADDRESS. You shall give any notice to MyELDOA.com by means of U.S. mail, postage prepaid, to MyELDOA.com, 501 W Broadway, Suite 600, San Diego, CA 92101. Such notice to MyELDOA.com shall be effective upon receipt of notice by MyELDOA.com.

B. Severability.  If any provision of these Terms, or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.

C.  Termination.  Notwithstanding anything to the contrary in these Terms, MyELDOA.com reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any MyELDOA.com Services, including to block or prevent your access and use of any of our websites. You agree that MyELDOA.com shall not be liable for any interruption or termination of your access and/or use of our websites.

D.  No Third Party Beneficiaries.  Except as set forth in these Terms, only you and MyELDOA.com may enforce these Terms; no third party shall be entitled to enforce these Terms.

E.  Survival.  The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

F.  Waiver.  No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by MyELDOA.com in order to be effective.

G.  Assignment.  MyELDOA.com may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.

H.  Amendments; Entire Agreement.   These Terms may not be amended unless in a signed writing by MyELDOA.com. These Terms constitute the final, exclusive and complete agreement between you and MyELDOA.com regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and MyELDOA.com.

J.  Language.  It is the express intent of the parties that these Terms and all related documents have been written in English.

[END OF TERMS]