Welcome to Apeiron Life!
Personal Training Sessions, Classes, and other Services:
- You can schedule all sessions through your personal Apeiron Life Concierge by contacting firstname.lastname@example.org.
- Your instructor/trainer/service provider may change with prior notice if practicable.
- If you need to re-schedule an appointment, please provide at least 24 hours' notice to avoid being charged for the full session.
You may be eligible to pause your membership for a temporary or extended period upon certain proof. Please see the Membership Agreement/Policies for more information
Review Period Cancellation Right: You are entitled to a Review Period of 10 days following the effective date of your initial membership to notify Apeiron Life that you wish to cancel your Membership Agreement and receive a full refund. Please see your Membership Agreement for more details.
After the Review Period: You may not cancel your membership during the term of your membership (or get a refund), unless specifically stated otherwise in the Membership Agreement.
Annual Fee:Each year, you will be required to pay a non-refundable Annual Fee plus applicable taxes, if any, in order to maintain your membership. Please see the pricing schedule, order form and your membership agreement for more details.
Arbitration Agreement and Waiver of Class Action and Jury Rights:
- All disputes between you and Apeiron Life, except personal injury claims (which will be handled in the courts), will be resolved through binding arbitration or small claims court, if applicable
- Any arbitration under the membership agreement will take place on an individual basis; you and Apeiron Life agree that class arbitrations and class actions are not permitted
- If you do not want to be bound by the arbitration provision in your membership agreement you must notify Apeiron Life within 90 days of signing your Agreement by providing written notice as detailed in Section 11(a).
- Please see Section 11 of your agreement for more details.
Release of Liability and Assumption of Risk: Your membership agreement includes a Release of Liability and Assumption of Risk Provision.
- General: email@example.com
- Regarding your membership: firstname.lastname@example.org
- Regarding our facilities, services and/or product: email@example.com
APEIRON LIFE MEMBERSHIP AGREEMENT
This Apeiron Life Membership Agreement and the Terms of Service https://apeiron.life/terms-of-use/ (the “Terms of Service,” and together with this Apeiron Life Membership Agreement, the “Agreement”) govern your (“you” or “Participant”) use of our website located at https://apeiron.life (the “Site”), our Facilities (as defined below), the products we offer (“Products”), our mobile application (“App”), and all services provided by or on behalf of Performance Health Sciences, Inc. (d/b/a “Apeiron Life,” “we,” or “us”), including without limitation, any training, physical therapy, instruction, consultation, activities or other services provided by or on behalf of Apeiron Life under this Agreement (the Site, Facilities, Products, our services and App are collectively called the “Services”). Please refer to our Privacy Notice at https://apeiron.life/privacy-policy/ for information on how Apeiron Life collects, processes and uses personal information. This Agreement is effective upon the earlier date of your acceptance of this Agreement, or your access to (or use of) any of the Services (the “Membership Effective Date”).
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU HAVE INDICATED THAT YOU UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS.
ARBITRATION NOTICE: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND APEIRON LIFE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 11 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
APEIRON LIFE OFFERINGS
- Access to Services. Payment of the fees set forth under Section 3 permits you to access Services and purchase Products, subject to the terms and conditions of this Agreement. Your membership is subject to all current Apeiron Life Policies (as defined below). Your membership gives you no rights in Apeiron Life, its management, property or operation. PLEASE READ THE DISCLAIMERS IN SECTION 8 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICES.
- On-Site Services. When you order Services at a location outside of Apeiron Life’s Facilities (as defined below) (the “On-Site Services”), you agree to (a) provide safe access for Apeiron Life representatives’ visit to the location specified for the On-Site Services (“On-Site Service Location”), (b) obtain all necessary consents for Apeiron Life representatives to access the On-Site Service Location; and (c) provide a safe and adequate space for the Apeiron Life representatives to perform such On-Site Services.
- Modification to Services. Apeiron Life reserves the right to make reasonable changes to the features, type or quantity of Services, including classes, available equipment (including portable devices) offered, or the times of certain Services, and to update the cost of Services. Apeiron Life may add, modify, limit and/or eliminate any Product offering, program, equipment, facility, activity, class or other service at its discretion. Any part of the Services, including without limitation classes and equipment, shall be available subject to demand. Any of the Services may have limited hours or may be discontinued at any time and may be offered on a “first come first serve basis.” If Apeiron Life cancels a Service that charges a fee in addition to the Membership Fee, you will not be charged such fee and will be reimbursed any amounts you have paid toward that fee.
- Website; Apps. Certain Services are provided, and certain Products may be available, through the Site or the App.
- Third Party Services. The Services may allow you to access third-party services, websites or other resources, including without limitation data from those websites or other resources, (“Third Party Services”). Apeiron Life provides access to such Third Party Services only as a convenience for you and is not responsible for any content, data, links, products or services on or available from Third Party Services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources, including any Third Party Services. Subject to the foregoing, you agree that as part of its data management Services, Apeiron Life may combine your data from Third Party Services with the data it collects via the Services. Access to Third Party Services may be subject to Apeiron Life’s agreements with such third parties and may be modified or canceled at any time.
- Restrictions. Apeiron Life and its licensors exclusively own and shall retain all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You will not (i) reproduce, distribute, publicly display, publicly perform, sell, resell, rent, lease, create derivative works from, decompile, reverse engineer or disassemble any part of the Services, or use the Services on a timesharing basis; or (ii) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or applicable documentation.
- Non-commercial Use. Use of the Services is for personal, non-commercial use only. You may not use the Services in connection with any commercial purposes, including, but not limited to, (i) advertising or soliciting any user to buy or sell any products or services; or (ii) accessing the Services in order to build a competitive product or services or for other competitive purposes. You may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any person.
TERM OF MEMBERSHIPUnless expired or terminated in accordance with this Agreement, your membership commences on the Membership Effective Date, continues for one (1) year and will automatically renew for an additional successive one (1) year period (each such 1-year period, the “Membership Period”). You may elect non-renewal of your membership by notifying Apeiron Life at least thirty (30) days prior to the end of the then current Membership Period in accordance with Section 7(a).
FEES AND PAYMENTS
- Membership Fee. You agree to pay Apeiron Life the annual membership fee (“Membership Fee”), as set forth in the current pricing schedule or your order form, if applicable and on each anniversary of your Membership Effective Date at the then-current Membership Fee if you elect to renew your membership.
- Assessment Fee. Your annual Membership Fee includes an assessment of your physical capabilities which will be used to develop an individualized performance and wellness plan (“Assessment”).
- Supplemental Services. Apeiron Life offers supplemental services to our members, including without limitation, On-Site Services (“Supplemental Services”), which are subject to additional fees as set forth in the then-current pricing schedule (“Supplemental Fee”) and applicable Policies for each Supplemental Service.
- Products. You agree to pay charges for the full price, shipment and other applicable charges of the Products you purchase (“Product Price”). Returns of any Products are subject to the applicable Policies.
- You expressly authorize Apeiron Life (or its third-party payment processor) to charge you for any payments under this Agreement, including, without limitation, payments for Membership Fees, Supplemental Fees and Product Prices (plus any applicable taxes, and other charges in each case) and to reimburse your account for accepted returns of Products as set forth under this Agreement (each a “Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third party payment processors so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you before you place your order and to pay any overdraft charges and fees, if applicable. All payments for Transactions are non-refundable and non-transferable except as expressly provided in this Agreement. All fees and applicable taxes and other charges, if any, are payable in United States dollars.
- YOU AUTHORIZE APEIRON LIFE TO INITIATE RECURRING NON- REFUNDABLE PAYMENTS FOR YOUR MEMBERSHIP FEES. We (or our third-party payment processor) will automatically charge you each year for your Membership Fee on the anniversary of your Membership Effective Date, using the Payment Information you have provided until the expiration or termination of your membership. No less than thirty (30) days and no more than sixty (60) days before your then-current Membership Period ends, or otherwise in accordance with applicable law, Apeiron Life will send you a reminder with the then-current Membership Fee. You acknowledge that your membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to the expiration or termination of your membership in accordance with this Agreement.
- Taxes. Prices for Services are quoted and payable in US Dollars. Prices are quoted exclusive of any applicable taxes, which shall be the Participant’s responsibility.
- Changes to Fees. Apeiron Life reserves the right to change the fees for the Services any time and we will notify you in advance of such changes becoming effective. Changes to our fees for the Services will not apply retroactively for Services you have paid for. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities will be subject to the terms and conditions of such promotional membership or rate.
- Locations. Your membership entitles you to access the Apeiron Life facility at 1700 El Camino Real, Menlo Park, CA 94027 (your “Home Facility”) during open hours. Apeiron Life may currently or in the future have other facilities where Services are offered (each, including Home Facility, a “Facility”). Access to other Facilities by members of a different Home Facility shall be subject to the Policies and rules and policies of each such Facility.
- Hours. Open hours for a Facility shall be as specified in the Policies applicable to that Facility.
- Closures. Apeiron Life reserves the right to close its Facilities, in whole or in part, on a temporary basis for maintenance, selected holidays, and other hours based on municipal requirements or other business reasons. In addition, if an Apeiron Life Facility is forced to close for thirty (30) days or less by events or occurrences beyond Apeiron Life’s control, such as, natural disasters, riots or unrest, or a court order, you will not be entitled to a refund, a credit or to terminate your membership.
- POLICIES. Apeiron Life provides and updates from time to time membership policies and facility rules (collectively, “Policies”) to ensure a safe and enjoyable environment for all members. You agree to follow the Policies. Apeiron Life may, in its sole discretion, modify the Policies without notice at any time. It’s your responsibility to know and follow the most current Policies. All signs posted by Apeiron Life in a Facility or on its premises shall be considered a part of the Policies. In case of a conflict between this Agreement and Policies, this Agreement shall govern. The current Policies are available on https://apeiron.life/privacy-policy/.
REPRESENTATIONS AND WARRANTIES
- Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Services. As such, you acknowledge that Apeiron Life did not give you medical advice before the date of this Agreement, and cannot give you any after you join, relating to your physical condition and ability to use the Services. You represent and warrant that you have discussed and will discuss any health or medical concerns you may now or in the future have with your physician before using the Services. You further represent and warrant that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in a change in diet, including, without limitation pregnancy; or (B) your physician has specifically approved of your use of the Services.
- Liability for Property; Goodwill: Apeiron Life is not liable to you or any third party for any personal property that is damaged, lost, or stolen while on or around Apeiron Life’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Apeiron Life’s facilities, you are liable to Apeiron Life for its cost of repair or replacement. You represent and warrant that you will not engage in conduct that may damage Apeiron Life’s reputation or goodwill.
- Cancellation and Non-renewal of Membership. You may cancel your Membership for a full refund within ten (10) days following the Membership Effective Date (the “Review Period”). AFTER THE REVIEW PERIOD, YOUR TRANSACTION IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE TRANSACTION FOR THE MEMBERSHIP FEE OR RECEIVE A REFUND OF YOUR MEMBERSHIP FEE. Cancellation of other Transactions are subject to the Policies applicable to such Transaction, which may include, without limitation, cancellation periods for scheduled Services and ordered Products. Apeiron Life reserves the right to cancel your membership for any reason; if our cancellation of your membership is not for cause, we’ll refund the pro rata Membership Fee payment you remitted to us for the remainder of your current Membership Period. Without limiting the foregoing, if you want to cancel your membership at any time, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD. To cancel your membership, you can send an email to firstname.lastname@example.org or submit a cancelation ticket at your Home Facility. You will be responsible for the Membership Fees and any other fees (plus any applicable taxes and other charges) incurred for the then-current Membership Period. If you cancel your membership, your right to use the Services will cease on the date of cancellation; if you elect non-renewal of your membership, your right to use the Services will continue until the end of your then current Membership Period and will then terminate.
- Medical Pause. If you are in good standing and current on all fees due, you may be eligible to pause your membership for a temporary period for medical disability upon at least ten (10) days prior written request. You must provide Apeiron Life, with your pause request, written verification from your physician stating your medical disability prevents you from using Apeiron Life’s facilities and services. The minimum term for a medical pause is three (3) months and the maximum is six (6) months. If Apeiron Life and you agree to pause your membership in accordance with this Section 7(b), your then-current Membership Period will be extended for the amount of time your membership was on medical pause.
- Cancellation for Cause. You may cancel this Agreement and receive a refund of unused prepaid fees if you (i) become disabled or (ii) pass away. You must provide a licensed physician’s written verification that your disability physically prevents you from using Apeiron Life's facilities. For temporary disabilities, you may qualify for a medical pause as set forth in Section 7(b). In case of relocation, you must provide written evidence of your move. In case of death, your estate must provide written evidence. You or your estate must send written notice and proof of the event within thirty (30) days following the event. Cancellation is effective as of the date of the event.
- Termination for Breach. Apeiron Life may terminate your membership and/or your access to and use of all or part of the Services for your breach of this Agreement or violation of any Policies, or at its sole discretion, upon written notice (including email) to you. Apeiron Life is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination of your membership other than for your breach.
- Effect of Termination and Cancellation. If Apeiron Life terminates your membership, it will reimburse you for the pro rata portion of your Membership Fees, unless it determines that you have breached or violated any provision of this Agreement or Policies. Upon any termination, discontinuation or cancellation of the Services or your membership, the following Sections of this Agreement will survive: 1(e), 1(f), 3, 6, 7(e), 8, 9, 10, 11, 12 and 13.
- SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. YOU THEREFORE USE THE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, APEIRON LIFE EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Apeiron Life makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Apeiron Life makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content made available through the Services. Apeiron Life makes no warranty or representation with respect to the quality or shelf-life of any Product and warranties for any Product are subject solely to the manufacturer’s warranty.
- APEIRON LIFE DOES NOT WARRANT OR REPRESENT IN ANY WAY AND YOU MAY NOT ASSUME THAT ANY PARTICULAR SERVICE, INCLUDING WITHOUT LIMITATION ANY NUTRITIONAL OR OTHER CONSULTATION PROVIDED BY AN APEIRON LIFE REPRESENTATIVE CONSTITUTES PROFESSIONAL OR QUALIFIED EXPERT ADVICE OR IS PROVIDED BY A LICENSED OR QUALIFIED MEDICAL PROVIDER, UNLESS SPECIFICALLY EXPRESSED IN WRITING BY AN AUTHORIZED APEIRON LIFE REPRESENTATIVE PRIOR TO THE DELIVERY OF AND PAYMENT FOR THE APPLICABLE SERVICE.
- The content made available on or through the Site or through any Services, should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Any health-related content you may find in the Services is not intended to be used to diagnose, treat, cure or prevent diseases, as a self-medication guide or as a substitute for consulting with your health care professional. For medical advice, you should consult a medical professional. Your use of the Services or any communication with Apeiron Life does not create a doctor-patient relationship between you and Apeiron Life, even if you made Apeiron Life aware of any health concerns or exercise or diet related condition that may be impacted by change in diet or exercise. In addition, nothing contained in the Services or in the sale or delivery of Products shall be construed as a promotion or solicitation of any product or medical device prohibited by United States laws. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Without limiting the foregoing, Apeiron Life makes no representations or warranties:
- that the Services, or any particular fitness or weight-loss program is suitable for you;
- regarding the adequacy or safety of the Services for any particular user;
- that the Services will meet your personal needs;
- concerning any content submitted by any third party;
- concerning any third party’s use of content that you submit;
- that Apeiron Life will continue to support any particular feature or part of the Services, or that any particular feature or part of the Services will continue to be available through Apeiron Life; or
- concerning sites and resources outside of the Services, even if linked to/available through the Services.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) and transportation to the Services. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.
- You understand and acknowledge that Apeiron Life does not manufacture any equipment or device at its facilities, and that Apeiron Life only purchases and/or leases such equipment and device. You agree that Apeiron Life may not be held liable for any defective equipment or device offered at its facilities.
LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER APEIRON LIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF LIVELIHOOD, LOSS OF ENJOYMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF FUTURE EARNINGS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS OR FACILITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APEIRON LIFE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL APEIRON LIFE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FACILITIES EXCEED THE AMOUNTS YOU HAVE PAID TO APEIRON LIFE FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APEIRON LIFE AND YOU.
- INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Apeiron Life and its affiliates, directors, officers, employees, and agents, from and against any liabilities, claims, damages, disputes, demands, losses and costs and expenses (including, without limitation, reasonable legal and attorney’s fees) that arise from your use of the Services, your violation of any term of this Agreement or Policies, or you negligence, other wrongful acts or omissions. Apeiron Life reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully assist and cooperate with Apeiron Life.
- Agreement to Arbitrate Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding,except for Disputes that involve personal injury or filed in small claims court if it qualifies. The U.S. Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement, and that you and Apeiron Life are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. Notwithstanding this Section 11, Apeiron Life retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Right to Opt-out Arbitration. You have the right to opt out of arbitration and litigate any Dispute if you provide Apeiron Life with written notice of your desire to do so by email at email@example.com or by regular mail at 1700 El Camino Real, Menlo Park, CA 94027 within thirty (30) days following the date you first agree to this Agreement.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) of your Home Facility, unless Apeiron Life and you both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Class Action Waiver. YOU AND APEIRON LIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of California, excluding its body of law controlling conflict of laws. Subject to Section 11, any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.
- Feedback. Apeiron Life appreciates feedback, comments, ideas, proposals and suggestions for improvements to the Services and Facilities (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
- Entire Agreement. This Agreement, together with the Terms of Service and, if applicable, any Non-Disclosure Agreement between the parties (the “NDA”), constitute the entire and exclusive understanding and agreement between Apeiron Life and you regarding the Services, Facilities and Products. This Agreement supersedes and replaces all prior oral or written understandings or agreements between Apeiron Life and you regarding the Services, Facilities and Products. In the event of any conflict, the terms in the body of this Agreement shall prevail over the Terms of Service. In the event of any conflict between the terms of the NDA and this Agreement, the terms of this Agreement shall prevail except for that the NDA shall prevail over this Agreement with respect to confidentiality terms.
- Severability. Subject to the provisions of Section 11(e) (Class Action Waiver), if any provision of this Agreement is held invalid, illegal or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
- Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without Apeiron Life’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Apeiron Life may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Apeiron Life under this Agreement will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Any Participant notice shall be given (x) via email to firstname.lastname@example.org; (y) in writing with receipt confirmed at 1700 El Camino Real, Menlo Park, CA 94027 or (z) to such other address Apeiron Life may substitute by notice to the Participant.
- Modification; Waiver of Rights. This Agreement may only be amended or modified by a writing signed by both parties. Apeiron Life’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. Apeiron Life’s waiver of or forbearance to enforce any term or provision shall not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Apeiron Life. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
- Counterparts. This Agreement and any amendment hereto may be executed in one or more counterparts. All executed counterparts shall be deemed to be one and the same instrument. Delivery of a signed copy of this Agreement or any amendment hereto by fax or e- mail/pdf shall have the same effect as delivery of an original.
- WARNING. Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damage liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. In addition to these health hazards, there are also civil and criminal penalties for the unauthorized sale, use, or exchange of anabolic steroids.