Terms of Service Effective January 19, 2024Updated 23 days ago

• Tally Content.

Tally Health is the owner of or otherwise licensed to use all parts of the Website, the Programs and the Products, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (“Tally Content”). Some materials on the Website or distributed through the Programs may belong to third parties who have authorized Tally Health to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials.  By using the Website, products or Programs, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website, Products or Programs.  All rights not granted under these Terms of Service are reserved by Tally Health.

• Feedback.

If you submit feedback or an unsolicited idea to Tally Health, you understand and acknowledge that such idea is not submitted in confidence and that Tally Health shall exclusively own all known or hereafter existing rights to submitted ideas and feedback, and that such idea and feedback is hereby irrevocably assigned to Tally Health.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Tally Health an irrevocable, perpetual, world-wide license to use the idea or feedback in any manner, in any medium now known or hereafter developed, without compensation to you.

3. Registration and Passwords

In order to participate on this Website, register for a Program or receive the results of a TallyAge test you will need to create an account. If you do not already have an account, create an account on the Website by providing your first and last name, email address, phone number and date of birth.  All information submitted by you must be truthful, and you may not use any aliases or other means to mask your true identity. Any username or password should be safeguarded at all times. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use of your account. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, the terms of which are incorporated herein.

4. Terms of Purchase 

To be eligible to purchase Products from Tally Health or to become a member of a Program, you must be a resident of the fifty (50) United States or the District of Columbia and at least eighteen (18) years of age.  Note we are currently unable to ship to an Army Post Office. Purchase of Tally Health Products and membership in Tally Health Programs is void where prohibited by law.

By purchasing a Product or participating in a Program, you signify that you have read, understand and agree to be bound by these Terms of Service. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account.  It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from Tally Health.

You authorize Tally Health or its designated payment processor to charge your payment provider for any Product purchases or Program membership fees. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Only major credit cards, Shop Pay, Apple Pay, Google Pay, and Meta Pay are eligible for billing and Tally Health reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices.  Tally Health reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. 

5. TallyAge Tests 

• Shipping and Delivery.

All TallyAgeTM tests are shipped Monday through Friday via USPS.  Please note that delivery times posted by USPS do not include weekends. USPS ground transit times vary greatly depending on shipping destination. 

The risk of loss and title for items purchased pass to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. All shipments are at your own risk. Any delivery times that may be quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us. 

You must ship your sample using only the prepaid shipping label and materials that we provide to you with the TallyAge test. Please do not use any other shipping carrier or service other than what is designated on the shipping label. You understand that we are not responsible to the carrier’s inability to ship the TallyAge test or for any issues you may encounter at the carrier.

You should inspect the TallyAge test for damage immediately upon delivery. If you notice any damage to your TallyAge test, contact us via [email protected] within 30 days of your delivery date and include photo(s) of the damaged TallyAge test. Upon receipt of your photo(s), Tally Health will make a determination, in its sole discretion, whether the TallyAge test claimed to be damaged or defective was actually damaged or defective when originally delivered to you. Tally Health will not replace TallyAge tests that, in its reasonable discretion, have been used, altered or damaged by you or a third party for which Tally Health is not responsible. Tally Health reserves the right, in its sole discretion, to not replace a TallyAge test that does not comply with this Section. 

• Processing of Samples and Disclosure of Results. 

You grant permission to Tally Health, its contractors, successors and assignees to analyze the submitted sample and you specifically request Tally Health to disclose to you the results of the analysis of the sample in accordance with these Terms of Service. You grant permission to Tally Health, its contractors, successors and assignees to store information about your sample and use such information for future research purposes. You understand that by providing any sample, having your information processed, accessing your information, or providing information, you acquire no rights in any research or commercial products that may be developed by Tally Health or its contractors, successors and assignees.  You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information. 

Your sample, once submitted to and tested by Tally Health, is processed in an irreversible manner and cannot be returned to you. 

Approximately 4 weeks after the lab receives your sample, you will receive an email and SMS notification that your biological age is available through Tally’s digital platform located at https://www.tallyhealth.com/. You will not receive your results unless you have created an account. You will need to provide your email address and password in order to log into your account to obtain your results.  

Our lab may not be able to process your sample if your sample has been damaged or lost during shipping or if you do not correctly follow the instructions or if you fail to register the TallyAge test. Tally Health is not responsible for your failure to take a proper sample or if your sample is otherwise defective.  If the sample you provide us is otherwise defective, cannot be tested or the tests are inconclusive, we will use reasonable efforts to contact you through the information you provided in your account. Tally Health may charge a fee for retesting.  All decisions with respect to retesting are in Tally Health’s sole discretion.    

6. Programs 

• Subscription Period and Automatic Renewal. Unless you cancel prior to the end of the monthly membership term (the “Subscription Period”) in accordance with these Terms of Service your membership in a Program will automatically renew on a monthly basis and you will be charged the applicable monthly Program membership fee. The prices for membership in a Program will be those in effect on the date of your purchase as specified on the applicable checkout page. 
  • Membership fees for Programs are non-refundable and will be billed on a monthly basis to your chosen payment method on file. You authorize Tally Health to charge your chosen payment method on a recurring basis until you cancel your membership or Tally Health suspends, ends or otherwise terminates your access to the applicable Program, which it may do at any time. TALLY HEALTH MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION. 

• How to Cancel and Pause Your Membership. 

You may pause your Program membership by going to the “Subscription Details” within your Account to see the message that corresponds to your Program.  You must pause your Program 3 days before the start of the next Subscription Period in order to pause payment of the monthly Program membership fee.  You may also email us at [email protected] from the email address associated with your membership and inform us that you want to pause your Program membership and then Tally Health will pause your Program membership. While your Program membership is paused, you will not be able to use your Program benefits until you remove the Program membership from pause. In order to remove your Program membership from pause, you must contact [email protected] from the email address associated with your membership to ask to resume your membership in your Program. 

To cancel your Program membership, go to the “Subscription Details” within your Account to see the message that corresponds to your Program.  To avoid further charges, your cancellation request must be submitted 3 days before the start of the next Subscription Period.  If you cancel your Program membership, you may continue to participate in the applicable Program until the end of the Subscription Period for which you have paid, and your Program membership will not be renewed once that Subscription Period ends. If you cancel your membership in a Program, you will not be able to rejoin the Program for a period of six (6) consecutive months.  If you require additional information or assistance related to this policy, please don't hesitate to reach out to us at [email protected].

7. Prohibited Conduct 

Tally Health expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to the Website or to other users anything that contains content that:

• Is defamatory, abusive, obscene, profane or offensive;
• Infringes or violates another party’s intellectual property rights, rights of publicity or rights of privacy;
• Promotes violence or is threatening, harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Is inaccurate, false, or misleading in any way, or constitutes impersonation of another person;
• Is illegal or promotes illegal activities;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Contains any advertising, solicitation, or promotional materials.

Tally Health is under no obligation to screen or monitor content but may review content from time to time at its sole discretion. Tally Health will make all determinations as to what Content is appropriate in its sole discretion. Tally Health may edit or remove any content at any time without notice.

8. Your Representations

You acknowledge, agree and represent that:

1. You may not sell, transfer, assign, license, sublicense, or modify any Tally Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Tally Content in any way for any public, medical, commercial or unauthorized purpose. 
2. All information provided by you to Tally Health is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
3. You will not use the Program, the Website or Tally Content for any purpose that is unlawful or prohibited by these Terms of Service and you may not use them in any manner that could damage, disable, overburden, or impair the Program or interfere with any other party’s use and enjoyment of the Program. 
4. Any sample you provide to Tally Health is your own, and you are the registered member of the account associated with the sample.   
5. You will follow all guidance and instructions that Tally Health provides to you, including in these Terms of Service, and any additional terms, instructions and requirements on the Website or in the TallyAge test. 
6. You will not resell a TallyAge test, Tally Content or any products associated with the Program.
7. You explicitly waive any laws or regulations relating to DNA samples, and their storage from the state or jurisdiction in which you reside.

9.  Corrections  

We attempt to be as accurate as possible and eliminate errors, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free.  In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a TallyAge test or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged. 

10. Disclaimers; Limitation of Liability 

THE PROGRAMS, PRODUCTS AND WEBSITE ARE NOT INTENDED TO DIAGNOSE ANY CONDITION OR DISEASE, ARE NOT INTENDED TO BE USED FOR ANY DIAGNOSTIC PURPOSE AND DO NOT CONSTITUTE A DIAGNOSTIC TEST.  THE PROGRAMS, PRODUCTS AND WEBSITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE.  THE PROGRAMS, PRODUCTS AND WEBSITE ARE SOLELY FOR EDUCATIONAL AND WELLNESS PURPOSES. NOTHING INVOLVED IN THE PROGRAMS, PRODUCTS AND WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY TALLY HEALTH MATERIALS, WELLNESS REPORTS, LAB RESULTS, ADVICE, OR OTHER COMMUNICATIONS FROM TALLY HEALTH (WHETHER ORAL OR WRITTEN), SHALL BE RELIED UPON AS MEDICAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR BIOLOGICAL AGE, WELLNESS REPORTS, OR LAB RESULTS, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

TALLY HEALTH MAKES NO REPRESENTATION OR GUARANTEE THAT THE PROGRAMS, PRODUCTS OR WEBSITE WILL EXTEND YOUR LIFE SPAN AND/OR IMPROVE YOUR HEALTH. 

YOUR USE OF THE PROGRAMS, PRODUCTS AND WEBSITE IS AT YOUR SOLE RISK. THE PROGRAMS, PRODUCTS AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TALLY HEALTH AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PROGRAMS, PRODUCTS AND WEBSITE (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROGRAMS, PRODUCTS AND WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND/OR USAGE OF TRADE. TALLY HEALTH MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES WILL BE ACCURATE OR RELIABLE. 

TALLY HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS OF CONTENT, MATERIALS AND/OR INFORMATION IN AND/OR IN CONNECTION WITH THE WEBSITE, PRODUCTS OR PROGRAMS, INCLUDING, BUT NOT LIMITED TO THE WELLNESS REPORTS, LAB RESULTS, AND/OR OTHER COMMUNICATIONS FROM TALLY HEALTH, (B) ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PROGRAMS, PRODUCTS AND WEBSITE (C) ANY UNAUTHORIZED ACCESS TO OR USE OF PROGRAMS, PRODUCTS OR WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR ANY PROVISION OF THE PROGRAMS, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. TALLY HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL TALLY HEALTH BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE PROGRAMS, PRODUCTS OR WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, TALLY HEALTH’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TALLY HEALTH IN CONNECTION WITH THE APPLICABLE PRODUCT OR PROGRAM DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

11. Waiver By California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12. Third Party Links

This Website may contain links to other websites or applications not maintained by Tally Health. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party, but all limitations of liability and other rights of Tally Health shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.  

13. Indemnity 

You agree to indemnify, defend and hold harmless Tally Health, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, (ii) any breach by you of any of these Terms of Service, our Privacy Policy, or applicable law, or (iii) any information you provide to Tally Health or your use or disclosure of any information you receive from Tally Health. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

14. Force Majeure

Tally Health shall not be liable for any delay or failure to perform our obligations due to any cause beyond Tally Health’s reasonable control including, without limitation, fire, flood, insurrection, earthquake, power failure, governmental action, acts of terrorism, riot, explosion, embargo, strikes, labor or material shortage, transportation interruption of any kind, work slowdown, epidemics, pandemics, or third party equipment or software not within the sole control of Tally Health, or any other condition affecting production or delivery in any manner beyond the control of Tally Health or act of God, government or the judiciary.

15. Severability

If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

16. Waivers and Remedies

The failure of Tally Health to partially or fully exercise any rights or the waiver of Tally Health of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Tally Health or be deemed a waiver by Tally Health of any subsequent breach by you of the same or any other term of these Terms of Service.  The rights and remedies of Tally Health under these Terms of Service and any other applicable agreement between you and Tally Health shall be cumulative, and the exercise of any such right or remedy shall not limit Tally Health’s right to exercise any other right or remedy.

17. DMCA Notice

Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. 

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent at [email protected].

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

18. International Access 

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Website.  We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.  

19. Resolution of Disputes

1. Governing Law.The laws of the State of New York shall govern these Terms of Service. 
2. Arbitration.While we will make reasonable efforts to resolve any disagreements you may have with Tally Health, if these efforts fail you agree that all claims, disputes or controversies between you and Tally Health arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms of Service and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice.  In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited. 

The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Tally Health agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.  

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Service, in which case these Terms of Service govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

• Class Action Waiver. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TALLY HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.  

If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Service holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New York.

• Time Bar. ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT OR ACTION GIVING RISE TO THE CLAIM.   

20. Miscellaneous

These Terms of Service do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Service without restriction. These Terms of Service, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms of Service) may be made via posting to the Website or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

21. Contact Us

Should you have any questions regarding these Terms of Service you may contact us at [email protected].