Terms of Service
Terms of Service
These Terms of Service ("Terms") apply to your access to and use of the Website and other online products and services offered by Hyeriqtq, LLC dba Hyeriqtq ("Company," "we," "us," or "our") (collectively, "our Services"). If you use our Services to purchase any items we sell through our Services (collectively, "our Products"), such purchase will be subject to these Terms (including the Terms of Sale in Section 10 below).
By creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by these Terms, including the mandatory arbitration clause and class action waiver in Section 17. If you do not agree to these Terms, please do not use our Services.
If you are in the United States: In addition to the above, by creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by the mandatory arbitration clause and class action waiver in Section 17.
We may offer different or additional terms for certain Services, and if you use those Services, those different or additional terms will become part of your agreement with us. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. We may modify these Terms from time to time. If we do, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we specify otherwise in the notice, the modified Terms will be effective immediately, and your continued use of our Services after we provide such notice will constitute your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Services.
If you have any questions about the Terms, our products, or an order you have placed, please contact us at 1-713-339-9666 or Support@hyeriqtq.top.
1. Privacy
For information about how we collect, use, share, and otherwise process your information, please refer to our Privacy Policy.
2. Eligibility
You must be at least 18 years of age (or the age of majority where you reside) to use our Services. If you are under 18 years of age (or the age of majority where you reside), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or legal guardian of a user under 18 (or the legal age of majority), you agree to be fully responsible for the acts and omissions of that user while using our Services. If you are using our Services on behalf of another individual or entity, (a) all references to "you" in these Terms include that individual or entity, (b) you represent that you have the authority to accept these Terms on that individual's or entity's behalf, and (c) that individual or entity agrees to be liable to us if you or that individual or entity violates these Terms.
3. User Accounts and Account Security
You may register for an account to access certain features of our Services. After registering for an account, you must provide accurate account information and promptly update it if it changes. You must also maintain the security of your account (including your password and username) and promptly notify us if you discover or suspect unauthorized access to your account or if you become aware of any other security breach. You are fully responsible for all activities that occur on our Services using your password or username. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that own legal rights (including trademark rights) to those usernames.
4. User Content
Our Services may allow you and other users to create, post, store, and share content, such as messages, text, photos, videos, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content as between you and the Company.
You grant the Company and any of its subsidiaries and affiliates a perpetual, non-exclusive, royalty-free, worldwide, fully paid-up, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness associated with your User Content, in any form or through any channel now known or hereafter developed, without any compensation to you. When you post or otherwise share User Content on our Services, you understand that your User Content and any associated content (for example, the name associated with a product review or the caption associated with a photo you share) may be visible to others.
You may not create, post, store, or share any User Content that violates these Terms or for which you do not possess all the rights necessary to grant us the license set forth above. You represent and warrant that your User Content and our use of such User Content in accordance with these Terms will not infringe any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.
5. Prohibited Content and Conduct
You must not violate any applicable laws, contracts, intellectual property rights, or other third-party rights, or engage in tort. You are solely responsible for your conduct when using our products and services. You may not:
Sell, resell, or commercially exploit our products or services;
Engage in any harassing, threatening, intimidating, predatory, or stalking behavior;
Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity or the origin of any material transmitted through the Services;
Copy, reproduce, distribute, publicly perform, or publicly display our Services, in whole or in part, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary notices or marks, or otherwise create any derivative works based on our Services;
Use our Services for any purpose other than that for which they were intended, or in any manner that could interfere with, disrupt, negatively impact, or inhibit other users from fully enjoying our Services, or in any other manner. Use our Services in a manner that could damage, disable, overburden, or impair the operation of our Services;
Reverse engineer any aspect of our Services or do anything that could discover the source code or bypass or circumvent measures implemented to prevent or restrict access to any part of our Services;
Use any data mining, robots, or similar data gathering or extraction methods to scrape or extract data (including personal information such as email addresses) from our Services;
Upload, post, email, or otherwise transmit material that constitutes unsolicited communications, spam, or other forms of solicitation;
Develop or use any application that interacts with our Services without our prior written consent;
Bypass or ignore the directives contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and for which you have all necessary disclosure rights. You may not create, post, store, or share any User Content that:
is unlawful, libelous, defamatory, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
constitutes, encourages, or provides instructions for criminal conduct, violates the rights of any party or otherwise creates liability or violates any local, state, national, or international law;
may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
contains or portrays any statements, comments, or assertions that do not reflect your actual views and experiences;
impersonates or misrepresents your affiliation with any person or entity;
contains any unsolicited promotion, political campaigning, advertising, or solicitation;
contains any private or personal information of any third party without their consent;
contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
is, in our sole discretion, objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose the Company or others to any harm or liability of any type. Enforcement of this Section 5 is entirely at our discretion, and our failure to enforce this Section 5 in certain circumstances does not constitute a waiver of our right to enforce it in other circumstances. Furthermore, this Section 5 does not create any private right of action against any third party, nor does it create any reasonable expectation that our Services will not contain any content prohibited by these rules.
6. Ownership; Limited License
Our Services, including any text, graphics, images, photos, videos, illustrations, and other content contained therein, are owned by Company or our licensors and protected by U.S., Canadian, and foreign laws. Except as expressly provided in these Terms, we or our licensors retain all rights in and to the Services. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal, non-commercial use. Any use of the Services other than as expressly authorized herein is strictly prohibited without our prior written permission, will terminate the license granted herein, and will infringe our intellectual property rights.
7. Trademarks
Hyeriqtq, our other logos, product or service names, slogans, and the look and feel of the Services and certain products are trademarks of the Company or its affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
8. Feedback
You may voluntarily provide us with any questions, comments, suggestions, ideas, original or creative materials, or other information regarding the Company, our products, or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, but not limited to, developing, reproducing, publishing, or improving the Feedback at our sole discretion. You understand that the Company may treat Feedback as non-confidential.
9. Third-Party Content
We may provide information about third-party products, services, activities, or events, or allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We offer this service to users who are interested in Third-Party Content. Your dealings or correspondence with third parties and your use or interaction with any Third-Party Content are solely between you and the third party. The Company does not control or endorse any Third-Party Content, nor does it make any representations or warranties regarding any Third-Party Content, and you access and use such Third-Party Content at your own risk.
10. Terms of Sale
The Terms of Sale set forth in this Section 10 apply to purchases of products using our Services. By purchasing products through our Services or shopping at stores selling our products, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, please do not purchase products through the Services.
Order Eligibility
To complete a purchase, you must have a valid billing and shipping address located in the country you select during checkout on the Services. For more details about shipping, please see our Shipping and Returns Policy.
Product Availability, Display, and Specifications
Details of products available for purchase are listed on our Services. All features, content, descriptions, and prices of products depicted or depicted on the Services are subject to change without notice. We strive to ensure that the information on the Services is complete, accurate, and up-to-date. Despite our best efforts, information on the Services may occasionally be inaccurate, incomplete, or out-of-date. We make no representations as to the completeness, availability, accuracy, or currency of any information on the Services. For example, products included on the Services may be temporarily unavailable, or their properties or ingredients may differ from those listed.
While we strive to accurately post information and display product images, we cannot guarantee that the images you see on your monitor or mobile device will exactly reflect the products. Packaging and labeling may vary from what is shown and may contain additional and/or different information than what is shown on the Services. You should not rely solely on the information provided on the Services. Before using any of our products, be sure to read the labels, warnings, and safety instructions on the labels and packaging you receive.
Purchase Restrictions and Quantity Limitations
You may purchase products only for your personal use or that of your intended recipient. Products purchased through the Services may not be resold. We may limit the purchase quantity per order, per account, per credit card, per person, or per household. We reserve the right to refuse service to any customer or to reject any order and refund any amounts paid at any time without prior notice.
Order Process; Errors
You will have the opportunity to review and confirm your order, including the shipping address, payment method, and other details of your order. We will send you an email confirming your order immediately after placing your order, which constitutes our full acceptance of your order. We will arrange to ship the product to you. You will pay all shipping and handling charges specified during the order process. Title and risk of loss for any product you purchase pass to you upon receipt of the product by the carrier from the Company. Shipping options and promotions (such as free shipping) may not be available to all locations or address types. Shipping and delivery dates are estimates only and are not guaranteed. We are not responsible for any shipping delays.
We reserve the right to refuse or cancel any order prior to delivery. For example, if there is an error in the Service or an error related to your order, or if product or pricing information or product availability is inaccurate, we reserve the right to correct the error and charge you the correct price or cancel your order, or cancel, terminate, or not process any order (including already accepted orders) due to inaccurate pricing or other material information on the Site. We may also require verification of information before accepting and/or shipping any order. We will contact you if any part of your order is canceled or if additional information is required before accepting your order. Occasionally, the production or distribution of a product may be delayed. In such cases, we will make reasonable efforts to notify you of the delay and keep you informed of any revised delivery schedule.
Prices
Prices displayed on the Service do not include any taxes or shipping and handling charges. Taxes, shipping, and handling charges will be added to your purchase amount and itemized on the checkout page. You can review tax and shipping charges before confirming your purchase. Each item in your shopping bag is displayed at the current price. All prices on the Service are subject to change without notice.F. Payment
The Service offers you a variety of payment options. We reserve the right to change payment methods at any time and for any reason. We must receive payment before accepting an order. When you provide credit card information or other required information to facilitate payment of your order, you represent that: (a) you are the authorized user of the credit card used to pay for our products; (b) the credit card information you provide is true, accurate, and complete; (c) your credit card company will honor any charges you incur; and (d) you will pay the posted prices, including shipping and handling fees, and all applicable taxes (if any).
If legal action is necessary to recover any outstanding balance, you will indemnify us and our suppliers or agents for all costs incurred in recovering the outstanding balance, including attorneys' fees and other legal expenses. Refunds will be made to the payment method and account used to place your order, or, if you choose, in the form of a store credit.
G. Return Policy and Procedures
Our Return Policy is in addition to any statutory rights you may have under the law. For more details on returns, please see our Shipping and Return Policy.
We want you to be satisfied with the products you purchase through our Service. However, if for any reason you decide to return a product purchased through our Services, you must mail the unopened, unused product to 9700 Harwin Dr., Houston, TX 77036, United States within thirty (30) days of the date of purchase, accompanied by your receipt or proof of purchase. The Company does not accept returns of products purchased from other retailers, including Amazon. Any Company-branded products purchased from other retailers are subject to that retailer's return policy, and the Company is not responsible for the return of such products. In addition, the Company will only accept returns of products returned from the country from which the product was originally shipped. The Company does not take ownership of the returned product until it receives it. Once the Company has received and processed the product and has determined that the product is eligible for return, the Company will refund the original method of payment for the product. The refund will include the purchase price of the returned product and any applicable sales tax. Any shipping and handling fees paid for the original purchase are not refundable, unless prohibited by law. The Company may refuse to return a product if the product you sent does not meet any of the conditions set forth in these Terms. In such cases, we will not be responsible for returning the non-conforming product to you. The Company assumes no liability for such non-conforming products.
11. Price Match Guarantee
If we lower the price of an online product (including products shipped to Canada) within thirty (30) days of your purchase of the same product, we will provide an online store credit for the lower price upon your request. Each customer may receive one price match per identical item, based on the current pre-tax price available to all customers. Our price match does not extend to products sold through third-party websites, retail stores, or other locations that may sell the same product.
12. Indemnification
To the maximum extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company, its subsidiaries and affiliates, and our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any loss, liability, claim, demand, damages, expense, or cost (“Claim”) arising out of or related to: (a) your access to or use of our products or services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your infringement, misappropriation, or violation of any rights of another (including intellectual property or privacy rights); or (e) your conduct in connection with our products or services. You will promptly notify the Company Parties of any third-party Claim, cooperate with the Company Parties in defending such Claim, and pay all expenses, costs, and expenses (including, but not limited to, attorneys’ fees) associated with defending such Claim. The Company Parties will, at their sole discretion, defend or settle any third-party Claim. This indemnification is in addition to, and not in lieu of, any other indemnification set forth in a written agreement between you and the Company or another Company Party.
13. Disclaimer and Waiver of Liability
Your use of our products or services is at your own risk. Except as otherwise provided in Section 14 below or in writing by us, our products, services, and any content therein are provided on an "as is" and "as available" basis, without warranties or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, Company does not represent or warrant that our services are accurate, complete, reliable, current, or error-free. While Company attempts to ensure your use of our services and any content therein is safe, we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. You bear the entire risk as to the quality and performance of the services.
To the maximum extent permitted by applicable law, you release Company and the other Company Parties from any and all liability, obligations, claims, demands, and/or damages (actual and consequential), known and unknown (including, but not limited to, claims of negligence) of any kind and nature arising out of or in connection with: (a) your use of our products or services; (b) disputes between users of our services; and (c) acts or omissions of third parties.
Some jurisdictions (including Quebec) do not allow or limit the exclusion of certain warranties, so the above disclaimers and limitations may not apply to you to the extent required by applicable law. Some jurisdictions (including Quebec) may impose additional warranties on consumer contracts that may apply to you depending on your jurisdiction of residence or the location where you purchased the product.
14. Limited Warranty
25-Year Limited Emergency Food Product Warranty
Limited Warranty: We warrant that our emergency food products will be free from any manufacturing defects, including the packaging and the food itself, for a period of 25 years from the date of your emergency food invoice. If an emergency food product is defective, we will replace it free of charge. Subject to applicable law (including Quebec), this policy is non-transferable and applies only to original purchases from readyhour.com. It does not cover any emergency food products purchased from third-party sellers. We reserve the right to substitute products of similar quality and caloric value. This policy applies only to emergency food products. The primary goal and purpose of this 25-Year Limited Emergency Food Product Warranty is to provide our customers with quality products, service, and satisfaction.
Not Covered: This warranty does not apply: (a) if the defect is caused by any tampering with the emergency food; (b) if the defect is caused by abuse, misuse, or improper handling of the emergency food; (c) if the defect is caused by improper storage of the emergency food or exposure to temperature or humidity outside the recommended ranges specified on the product packaging; (d) to any emergency food sold "as is" or labeled as a "sample"; or (e) to emergency food purchased from a third-party seller. We reserve the right, at our sole discretion, to charge you for shipping and handling for any emergency food not covered by this limited warranty.
Getting Coverage: To claim this limited warranty, please contact us at 1-713-339-9666, email us at Support@hyeriqtq.top, or mail us at 9700 Harwin Dr., Houston, TX 77036, United States. Any claim must be submitted within 30 days of discovery of the defect, and you may be required to provide us with additional information, including but not limited to: (i) product receipt/proof of payment and other original purchaser verification information (e.g., name, email address, shipping address, phone number); (ii) product details; and (iii) photos and/or videos depicting the product defect.
Disclaimer: The limited remedies set forth herein are your sole and exclusive remedies and our sole liability under this 25-Year Limited Emergency Food Product Warranty.
15. Limitation of Liability
To the maximum extent permitted by applicable law, neither the Company nor any other Company Party shall be liable to you for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, whether based on contract, tort, negligence, strict liability, warranty, or other theory of liability, even if the Company or any other Company Party has been advised of the possibility of such damages.
Regardless of the form of action, in no event will the Company or any other Company Party be liable for any damages in an amount exceeding the amount actually paid by you to the Company for the specific product that directly caused the damage, provided that for any claims unrelated to the products, such as any claims arising out of or related to these Terms or our Services, the Company and the Company Parties' aggregate aggregate liability shall be limited to the greater of $100.
The limitations set forth in this Section 15 do not limit or exclude liability arising from the Company's or any other Company Party's gross negligence, fraud, or willful misconduct, or for any other matter that cannot be excluded or limited under applicable law. These limitations will apply even if any limited remedy fails of its essential purpose. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
16. Transfer and Processing of Data
In order to facilitate our services, you agree that we may process, transfer, and store your information in the United States and other countries, where you may not have the same rights and protections as under local law. Please see our Privacy Policy for more details on the transfer of personal information.
17. Dispute Resolution; Binding Arbitration
If you are located in the United States:
Please read this Section 17 carefully because it requires you to resolve certain disputes and claims with the Company through arbitration and limits the ways you can seek relief from us, unless you opt out of arbitration as described below. This arbitration agreement does not permit the filing of any class, representative, or arbitration actions. Furthermore, arbitration prohibits you from suing in court or having a jury trial.
No Representative Actions. You and the Company agree that any dispute arising out of or relating to these Terms, our products, or our services is individual and shall be resolved only through individual arbitration, and not through class arbitration, class action, or any other type of representative action.
Arbitration of Disputes. Except for small claims disputes in which you or the Company seek an individual action in small claims court in the county where your billing address is located, or disputes in which you or the Company seek injunctive or other equitable relief for alleged unlawful use of intellectual property, you and the Company waive your right to a jury trial and to have any dispute arising out of or relating to these Terms, our products, or our services resolved in court. Instead, for any dispute or claim you have against the Company or relating in any way to our products or services, you agree to first contact the Company and attempt to resolve the claim informally by sending the Company a written notice of the claim (a "Notice") (either by email to Support@hyeriqtq.top or by certified mail to 9700 Harwin Dr., Houston, TX 77036, United States). The Notice must (a) include your name, residential address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our Notice to you will be similar in form to that set forth above. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after receipt of such Notice, either party may submit the dispute to binding arbitration administered by JAMS or, in the limited circumstances described above, in court. All disputes submitted to JAMS will be resolved by confidential, binding arbitration before a single arbitrator. The arbitration proceedings will be held in Salt Lake City, Utah, USA, and may be conducted by telephone or videoconference for disputes alleging damages of less than $5,000, unless you are a consumer, in which case you may elect to have the arbitration conducted in the county where you reside in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this Section 17, you will be considered a “consumer” if you use our products and services for personal, family, or household use. The most current version of the JAMS Rules is available on the JAMS website and is hereby incorporated by reference. You acknowledge and agree that you have read and understand the JAMS Rules, or you waive your opportunity to read them and waive any right to claim that the JAMS Rules are unfair or should not apply for any reason.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be governed, both substantively and procedurally, by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), to the fullest extent permitted by applicable law. Subject to the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any relief that would otherwise be available in court, including the authority to decide arbitrability issues. The arbitrator may only conduct an individual arbitration and may not consolidate more than one person's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one person.
The arbitrator, the Company, and you will maintain confidentiality regarding all arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and submitted for purposes of the arbitration or relating to the dispute in the arbitration. Unless otherwise required by law, the arbitrator will have the authority to make appropriate rulings to protect confidentiality. The arbitration will permit discovery and exchange of non-privileged information related to the dispute. The confidentiality obligation will not apply to information necessary to prepare for or conduct the substantive hearing in the arbitration; information related to a petition for preliminary relief in court or a judicial challenge to the arbitration award or its enforcement; or if disclosure is otherwise required by law or judicial decision.
You and the Company agree that, for any arbitration you initiate, you will pay the filing fee (up to $250 if you are a consumer) and that the Company will pay any remaining JAMS fees and costs. We will pay all JAMS fees and costs for any arbitration initiated by the Company. You and the Company agree that the Utah state and U.S. federal courts located in Salt Lake City, Utah, USA, will have exclusive jurisdiction over any appeals and enforcement of the arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after the claim arose; otherwise, the claim will be permanently barred, meaning that you and the Company will not have the right to bring it.
Opting out. You have the right to file a claim on your first receipt ofYou may opt out of binding arbitration within thirty (30) days of becoming subject to the terms of this Section 17 by sending an email to Support@hyeriqtq.top or certified mail to 9700 Harwin Dr., Houston, TX 77036, United States. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 17.
If you are located in Canada:
For any dispute or claim you have against the Company or relating to our products or services, you agree to first contact the Company and attempt to resolve the claim informally by sending the Company a written notice of claim (a "Notice") (either by email to Support@hyeriqtq.top or by certified mail to 9700 Harwin Dr., Houston, TX 77036, United States). The notice must (a) include your name, address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to the above. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the receipt of such notice, either party may initiate litigation.
Severability. If any part of this Section 17 is held unenforceable or illegal for any reason, then (a) the unenforceable or illegal provision shall be severed from this Section 17; (b) the severance of the unenforceable or illegal provision shall have no effect on the remainder of this Section 17 or the ability of the parties to compel arbitration of any remaining claims in their individual capacities under this Section 17; and (c) if any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction rather than in arbitration, and the parties agree that litigation of such claims shall be stayed pending the outcome of any individual claim in arbitration. In addition, if any part of this Section 17 is held to bar individual claims seeking public injunctive relief, that provision will have no effect to the extent that such relief is permitted through arbitration, and the remainder of this Section 17 will remain enforceable.
18. Arbitration Alternatives
If you reside in a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts, and these Terms are deemed to be a consumer contract, then the sections of this Section relating to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue for any claim will be the state and federal courts located in Utah, U.S.A., and each party hereto waives any objection to jurisdiction and venue in such courts. If you reside in a jurisdiction that prohibits the application of Utah law to consumer contracts, then these Terms will be governed by the laws of the jurisdiction in which you reside, and non-exclusive venue for any claim will be the courts located in the jurisdiction in which you reside.
19. Language
It is the express wish that the parties hereto draft these Terms and all related documents (including notices and other communications) only in the English language. It is the expressed intention of the parties that this Agreement and all documents and other communications, information, and signatures contained therein be in the English language.
20. Governing Law and Venue
If You are in the United States:
Any dispute arising out of these Terms and your use of products or services will be governed by, construed, and enforced in accordance with the laws of the State of Utah, U.S.A., except to the extent preempted by U.S. federal law, and without regard to any legal rules or principles that would cause the application of the law of any other jurisdiction (whether Utah or otherwise). Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state courts or U.S. federal courts located in Salt Lake City, Utah, U.S.A., respectively.
If your local law requires that consumer contracts must be interpreted and enforced in accordance with local law and in the courts of that jurisdiction, this section may not apply to you (but only to the extent that local law conflicts with this section).
If You are in Canada:
Any dispute arising out of these Terms and your use of products or services will be governed by, construed, and enforced in accordance with the laws of the state/province/territory where you reside. Any dispute between the parties shall be resolved in the provincial courts of your state/province of residence or, if applicable, the federal courts of your state/province of residence.
21. Modification and Termination of Our Services
We reserve the right to modify our products or services at any time, or to suspend or discontinue the provision of any product or all or part of our services. You also have the right to stop using our services at any time. We are not responsible for any loss or damage arising from your inability to access or use our services.
22. Text Message Program
This section applies to you if you choose to participate in the Company's text message service program (the "SMS Program"). By participating in the SMS Program, you expressly consent to receive automated text messages from the Company to the mobile phone number you provide to us or any other phone number you designate, including text messages that may be sent using an automatic telephone dialing system. Consenting to receive automated marketing text messages is not a condition of any purchase. If you do not agree to the terms of this section, you must immediately discontinue your participation in the SMS Program by following the cancellation instructions below.
The SMS Service may include scheduled and non-scheduled text messages regarding promotions, products, events, shopping cart reminders, special offers, or other company-related news, as well as other information we believe may be of interest to you. Standard text messaging and data rates may apply to any messages we send to you and any messages you send to us. Message frequency varies. The Company reserves the right to change the frequency of messages at any time to increase or decrease the total number of messages sent. The Company also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or phones are supported, and our messages may not be delivered in all areas. We are able to send messages to certain mobile phone carriers, including but not limited to the following: AT&T, Sprint, T-Mobile, and Verizon. The Company reserves the right to add or remove eligible mobile phone carriers from the SMS plan at any time. The Company, its service providers, and the mobile carriers supported by the SMS plan are not responsible for delayed or undelivered messages.
Cancellation. You may cancel your participation in the SMS plan at any time. Simply text the keyword "STOP" to our short code. After texting "STOP" to our short code, we will send you a text message confirming that your request has been processed. You acknowledge that our SMS platform may not recognize and respond to unsubscribe requests that do not include the "STOP" keyword command, and agree that the Company and its service providers are not responsible for any failure to honor such requests. If you unsubscribe from one of our SMS plans, you will continue to receive text messages from the Company through any other SMS plans you may have subscribed to until you unsubscribe from those plans individually.
Help. If you can't remember the keyword for support, simply text "HELP" to the short code. After you text "HELP" to the short code, we will respond with a customer service message.
Customer Service. For any questions regarding your SMS plans, please contact our customer service team at 1-713-339-9666, support@hyeriqtq.top, or 9700 Harwin Dr., Houston, TX 77036, United States.
23. Severability
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
24. Miscellaneous
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Unless otherwise specified in these Terms, these Terms are for the sole benefit of the parties and are not intended to confer any third-party beneficiary rights on any other person or entity. You agree that communications and transactions between us may be conducted electronically.