You agree to defend, indemnify, and hold harmless Siegrist Wellness Center, LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law; (iii) your User Content; or (iv) your violation of any third-party right.
Indemnification
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force. No waiver of any provision is effective unless in writing. You may not assign these Terms without our prior written consent; we may assign these Terms (including in connection with a merger, acquisition, or sale of assets) on notice to you. Headings are for convenience only.
Severability, Waiver, and Assignment
Neither party is liable for failure to perform its obligations under these Terms (other than payment obligations) where the failure results from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, labour disputes, fire, flood, earthquake, power or telecommunications failure, denial-of-service attacks, or failure of third-party services. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.
Force Majeure
We engage third-party providers ("sub-processors") to help operate the Service, including hosting, analytics, payment processing, email delivery, and customer support. A current list is available on request. Sub-processors are bound by written contracts that require them to (i) process personal data only on our documented instructions; (ii) implement appropriate technical and organisational security measures; and (iii) assist us in responding to data-subject requests. Where required, we maintain a data processing agreement (DPA) compliant with Article 28 GDPR / UK GDPR.
Sub-Processors and Third-Party Service Providers
You consent to receive communications from us in electronic form (including email and in-product notices). Electronic communications satisfy any legal requirement that such communications be in writing. By accepting these Terms electronically, you confirm your agreement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001–7031) and the Uniform Electronic Transactions Act (UETA) where applicable.
Electronic Signatures and Communications (E-SIGN)
Because the Service may be accessed by users under 16, we comply with the U.S. Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506) and the FTC's COPPA Rule (16 CFR Part 312), as finalized January 16, 2025, published April 22, 2025, and effective June 23, 2025 (compliance deadline April 22, 2026). We do not knowingly collect personal information from children under 13, including biometric identifiers and persistent identifiers used for behavioural advertising, without verifiable parental consent, and we obtain separate opt-in parental consent before using a child's information for targeted advertising. We retain children's personal information only as long as reasonably necessary for the purpose it was collected and maintain a written information-security program. Parents may review, request deletion of, or refuse further collection of their child's information by contacting [email protected].
Children's Online Privacy (COPPA)
The following provisions are part of these Terms and apply to the extent relevant to your jurisdiction and use of the Service.
Annex A. Additional Compliance Provisions