Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “user”) and The Human Array, LLC (“The Human Array,” “we,” “us,” or “our”) governing your access to and use of the website located at thehumanarray.com (the “Site”), including any content, functionality, and services offered on or through the Site.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

Description of Service

The Human Array operates an online directory that connects consumers (“Seekers” and “Explorers”) with wellness and health practitioners, brands, and products (“Providers” or “Catalysts”). Our Site allows users to:

• Browse and search a directory of wellness and health providers
• View provider profiles, including professional information, services offered, and locations
• Submit information to be listed in our directory via our intake form

Eligibility

There are no age restrictions for browsing the Site. However, by submitting information through our intake form, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

User Conduct

When using our Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
• Use any automated means, including bots, scrapers, or spiders, to access the Site or collect data from the Site without our prior written consent
• Interfere with or disrupt the Site or servers or networks connected to the Site
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Collect or harvest any personally identifiable information from the Site
• Use the Site to transmit any viruses, malware, or other malicious code
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site
• Use the Site to send unsolicited communications, promotions, or advertisements
• Copy, reproduce, distribute, or create derivative works from any content on the Site without our express written permission

Directory Listings and Provider Information

For Users Browsing the Directory

The information displayed in our directory is provided by the Providers themselves or compiled from publicly available sources. While we strive to maintain accurate and up-to-date information, The Human Array does not guarantee the accuracy, completeness, or reliability of any directory listing.

For Providers Submitting Information

By submitting information to be listed in our directory, you represent and warrant that:

• All information you provide is accurate, complete, and not misleading
• You have the right to provide any content you submit, including photos and descriptions
• Your listing does not infringe upon the intellectual property rights or other rights of any third party
• You will promptly update your information if it changes
• You hold all necessary licenses, certifications, and credentials required to offer your services in your jurisdiction

We reserve the right to remove or modify any listing at our sole discretion, including for inaccurate information, complaints, or violation of these Terms.

Claiming and Managing Listings

Providers may claim and take ownership of their directory listing. Once a listing is claimed:

• The Provider is responsible for editing and approving the content
• All content remains subject to our review and approval before publication
• The Provider agrees to maintain accurate and current information
• The Human Array retains the right to remove or modify listings that violate these Terms

Intellectual Property

Our Content

The Site and its entire contents, features, and functionality—including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof—are owned by The Human Array, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site, except as incidental to normal web browsing
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site
• Use The Human Array's name, logo, or trademarks without our prior written consent

Trademarks

“The Human Array” and our logo are trademarks of The Human Array, LLC. You may not use these marks without our prior written permission.

Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by The Human Array. We provide these links for your convenience only and do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that The Human Array shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party content, goods, or services.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE HUMAN ARRAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE
• WARRANTIES REGARDING THE QUALIFICATIONS, CREDENTIALS, OR QUALITY OF ANY PROVIDER LISTED IN OUR DIRECTORY

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HUMAN ARRAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SITE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless The Human Array, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Site
• Your violation of any term of these Terms
• Your violation of any third-party right, including any intellectual property or privacy right
• Any claim that your submitted content caused damage to a third party

This indemnification obligation will survive the termination of these Terms and your use of the Site.

Dispute Resolution

Informal Resolution First

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@thehumanarray.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or The Human Array may proceed to binding arbitration as set forth below.

Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect.

• Location: Arbitration shall take place in Norfolk County, Massachusetts, or another mutually agreed upon location
• Arbitrator: The arbitration shall be conducted by a single arbitrator
• Costs: Each party shall bear its own costs and attorney's fees. Filing fees shall be split equally, except where prohibited by law or the AAA rules provide otherwise
• Decision: The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof
• Confidentiality: All arbitration proceedings shall be confidential

Class Action Waiver

YOU AND THE HUMAN ARRAY 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.

Unless both you and The Human Array agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies for small claims court in a location consistent with the jurisdiction requirements of these Terms.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@thehumanarray.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration agreement.

Governing Law

These Terms and any dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

Changes to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will notify you by updating the “Last Updated” date at the top of these Terms and, where appropriate, providing additional notice (such as a notice on our Site).

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity of any other provision of these Terms, which shall remain in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Human Array regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Us

If you have any questions about these Terms, please contact us: