Effective Date: January 1, 2026
Stori was created to provide clarity during an important moment. We recognize that choosing to use our Services involves trust, and we approach that responsibility with care and transparency.
These Terms of Use and Sale explain how the Services work, the conditions that apply when you access or purchase them, and the rights and responsibilities of both you and Stori.
You are visiting www.ourstori.com (the “Website”). These Terms of Use, including the Terms of Sale (this “Agreement”), are an agreement between you and Stori, LLC (“Stori,” the “Company,” “us,” “we,” or “our”). They explain what to expect when you access or use the Website and any Services we make available through it, including test kits (“Test Kits”) and any other products or components (collectively, the “Services”).
Services include gender identification and the collection and analysis of biological samples for informational purposes only. Results reflect biological or analytical findings only and do not determine legal gender, gender identity, or eligibility for any medical, legal, or governmental classification. The Company does not provide clinical services or laboratory processing or review services which are provided by our independent contractors.
No Third-Party Reliance.
Results provided through the Services are for informational purposes only and are not intended for use in medical, legal, insurance, employment, governmental, or other third-party decision-making. The Company makes no representations that results will be accepted or relied upon by any third party.
No Decision-Making Reliance.
You agree not to rely on the Services or results to make medical, reproductive, legal, financial, or other consequential decisions. .
1.1 Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. For clarity, this Agreement applies to (i) any use of the Services including SMS text messages or other social media access, (ii) filling or uploading any information, (iii) activating your Test Kit. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. Users acknowledge and agree they meet the age and other conditions of this Agreement. Users also confirm that submission of biological samples for Services for gender identification, or otherwise, is not prohibited by any local, state, or federal law or rules and that providing such samples does not violate export, biosafety, or specimen handling restrictions.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
You represent that you are not using the Services on behalf of, or for the benefit of, an insurer, employer, or other entity seeking information about another individual for underwriting, employment, or eligibility determinations.
1.3 Changes to this Agreement.
The Company reserves the right to change this Agreement from time to time in its sole discretion without notice to you. The latest version of the Agreement will be posted on the Website and should be reviewed prior to accessing or using the Services. All changes will be effective immediately when posted on the Website and will apply to your use of and access to the Services from that point onward.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
These Terms of Sale apply to all purchases made through the Services and form an integral part of this Agreement.
2.1 Acceptance of Order for Services.
You must create an account to purchase Services on the Website. When you submit an order through the Website, you are making an offer to purchase the Test Kit(s) and/or component(s) and any included Services identified in that order (each, an “Order”) pursuant to terms in this Agreement. By completing the checkout process and submitting payment information, you authorize payment for the Order. An Order is not binding on the Company unless and until it is accepted by the Company. The Company reserves the right, in its sole discretion and at any time, to take any of the following actions with respect to Orders:
Order Rejection or Cancellation.
Decline or cancel any Order, including after an order confirmation or order number has been issued. Orders may be canceled for reasons including, without limitation, availability limitations relating to Test Kits or components, errors or inaccuracies in descriptions or pricing, or issues identified through payment processing, credit review, or fraud prevention procedures. If an Order is canceled, the Company will provide notice to you. If payment has already been processed, The Company will issue a refund to the original method of payment.
Purchase Quantity Restrictions.
Impose limits on the number of orders for the Services including Test Kits or components that may be purchased per individual, household, or Order. Such limits may apply to Orders placed using the same account, payment method, billing address, or shipping address. You will be notified if any such restrictions are applied to your Order.
Geographic or Customer Limitations.
Restrict the availability or sale of Services, Test Kits or components to certain individuals, regions, or jurisdictions.
No Resale.
Prohibit purchases intended for resale. For purposes of these Terms, resale includes purchasing or intending to purchase any Services, Test Kit or component for the purpose of selling or distributing that Test Kit or component to a third party in a commercial or for-profit manner.
Additional Verification.
Require additional information or verification before accepting an Order. If further information is needed, the Company will contact you using the contact details associated with your account or Order.
2.1 Standing Order for Services from Physicians Group
The Company is Not a Medical Provider.
The Company does not provide medical care. We do not diagnose conditions, review results for medical purposes, or recommend treatment or follow-up care.
Why a Physician Group is Involved.
For safety and administrative reasons only, the Company relies on a standing (“Standing Order”) order issued by an independent, licensed physician group to authorize specimen collection and processing. The Standing Order is a general, non-individualized authorization. It is not medical care, is not based on your personal health information, and does not involve individual medical judgment.
No Interpretation or Guidance.
Stori does not provide interpretation, counseling, recommendations, or guidance regarding results. Any understanding or use of results is solely your responsibility.
No Doctor Patient Relationship Through Stori.
The Company does not create a doctor–patient relationship. Any physician group associated with a Standing Order acts independently and solely in its own professional capacity. A doctor patient relationship exists only if you separately establish one directly with a provider outside of the Company.
No Additional Clinical Services.
The Services do not include prescriptions, medical consultations, diagnoses, monitoring, or follow-up testing. Stori does not arrange or recommend clinical care.
Your Choice.
You may choose to share your results with a healthcare provider of your choice, but you are not required to involve a physician to use the Services.
2.3 Payment for Services Order.
Prices displayed on the Website are set by the Company in its sole discretion and may be changed at any time. The Company accepts payment through U.S.-issued credit and debit cards and other payment methods made available at checkout. Payment does not guarantee eligibility for Services, which remain subject to acceptance by an Independent Provider Group and completion of required consents.
By providing payment information, you represent and warrant that all information submitted to the Company or its payment processing partners is accurate and current; that you are authorized to use the payment method provided; that your payment method will honor all charges incurred; and that you are responsible for all amounts due, including applicable taxes and fees.
You agree to promptly update your payment information if it changes, expires, is canceled, or if you become aware of any actual or suspected unauthorized use or security breach. You acknowledge that the Company may place authorization holds or conduct verification checks using your payment information and may request updated payment credentials if necessary.
All transactions through the Website are processed by third-party payment processors (each, a “Payment Processor”), which may include Shop Pay, Apple Pay and Google Pay, or other providers designated by the Company. Your use of a Payment Processor is subject to that provider’s terms, which you agree to review and be bound by, as amended from time to time.
If a Payment Processor is unable to collect payment for any reason, including insufficient funds, expired payment methods, or inaccurate information, The Company may pursue lawful collection efforts and may suspend or terminate your access to the Services to the extent permitted by law.
To the fullest extent permitted by applicable law, you agree to release and hold harmless the Company and its affiliates, including any Payment Processor, from claims or liabilities arising from payment transactions conducted through your Website account that occur outside of the Company’s reasonable control, whether authorized or unauthorized.
2.4 No Automatic Renewal or Recurring Billing
Purchases of Test Kits and associated Services offered through the Website are one-time transactions. Your Order will not renew automatically, and you will not be charged on a recurring, subscription, or installment basis unless the Company clearly discloses such recurring charges to you and you expressly agree to them at the time of purchase. The Company does not enroll customers in subscriptions or recurring billing programs in connection with Test Kits or Services Reports absent such express disclosure and consent
2.5 Delivery of Test Kit, Services Report and Risk of Loss.
The Company will arrange for shipment of any Test Kit(s) included in your Order and for delivery of any associated Services Reports made available through the portal for the Services. The portal and available delivery and fulfillment options are described on the applicable Website pages or during checkout. You are responsible for all shipping, handling, and delivery charges disclosed at the time your Order is submitted.
Ownership of, and risk of loss for, Test Kit(s) pass to you when the Company transfers the applicable items to the carrier. All stated shipping, delivery, or availability dates are estimates only and are not guaranteed. The Company is not responsible for delays in shipment, delivery, or availability, including delays caused by carriers, processing issues, or events outside of the Company’s reasonable control.
2.6 Refunds and Limitations.
Exclusive Remedy for Services and Results.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, DISPUTE, OR ALLEGED DEFECT ARISING OUT OF OR RELATING TO THE SERVICES, ANY TEST KIT, SAMPLE COLLECTION, ANALYSIS, OR RESULTS (INCLUDING ANY CLAIM THAT A RESULT IS INACCURATE, INCOMPLETE, INCONCLUSIVE, OR UNEXPECTED) IS LIMITED, AT THE COMPANY’S SOLE DISCRETION, TO EITHER:
(A) REPLACEMENT OF THE APPLICABLE TEST KIT OR SERVICES; OR
(B) A REFUND OF THE AMOUNT PAID BY YOU FOR THE APPLICABLE TEST KIT OR SERVICES.
NO OTHER REMEDIES, DAMAGES, OR FORMS OF COMPENSATION SHALL BE AVAILABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE. THIS EXCLUSIVE REMEDY APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND IS SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN SECTION 2.7 (REFUNDS AND LIMITATIONS). YOU ACKNOWLEDGE THAT THE FEES PAID FOR THE SERVICES REFLECT THIS ALLOCATION OF RISK AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
Discretionary Refunds.
Any refund, replacement, or credit provided by the Company beyond the Exclusive Remedy described above is offered solely as a one-time customer service accommodation, creates no obligation to provide similar relief in the future, does not modify, waive, or expand the Exclusive Remedy or the Limitation of Liability set forth in SECTION 2.7 (REFUNDS AND LIMITATIONS).
Limitation of Liability
EXCEPT FOR THE EXCLUSIVE REMEDY EXPRESSLY SET FORTH IN SECTION 2.7 (REFUNDS AND LIMITATIONS), THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICES. REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100) OR (B) THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
2.7 California Consumer Notice.
Pursuant to California Business and Professions Code Section 17538 et seq., the Company’s return and refund policies are described in these Terms and on the Website. The legal name under which the Company conducts business is Stori, LLC, and its business address is 2015 E Helm Avenue, Las Vegas, NV, 89119.
In accordance with California Civil Code Section 1789.3, California residents are entitled to the following consumer notice: the Website and Services are provided by the Company, LLC. If you have any questions, concerns, or complaints regarding the Website, the Services, or any Test Kit, you may contact the Company by email at support@ourstori.com, or by written correspondence sent by certified mail to 2015 E Helm Avenue, Las Vegas, NV, 89119, ATTN: LEGAL OR SUPPORT.
California residents may also submit complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210. Hearing-impaired consumers may contact the Department using TTY at (800) 735-2929.
Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features or tests to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you.
Creating an Account.You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (www.ourstori.com/privacy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
Account Responsibilities.You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.
Termination or Deletion of an Account.The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. You may delete your account at any time, for any reason, by following the instructions on the Website.
4.1 Sample Collection Responsibility and Disclaimers.
You are responsible for collecting and submitting your sample in strict accordance with the instructions provided. Failure to follow instructions, improper handling, or contamination of the sample may result in inaccurate or unusable results.
Specimen Handling and Disposal.
Upon completion of the Services, any remaining biological material may be destroyed or disposed of in accordance with Stori’s standard procedures and applicable law, unless otherwise required by law or expressly stated in the Privacy Policy. You acknowledge that you have no ownership or control rights over residual samples once submitted.
4.2 Prohibited Uses.
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party.
4.3 Prohibited Activities.
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
No Interference with Others’ Enjoyment.Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
No Viruses, Worms, or Other Damaging Software.Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
No Unauthorized Access or Violation of Security.Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
4.4 Geographic Restrictions.
The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.
5.1 Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
5.2 License to Use the Services.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Website and results for the Services solely for personal and non-commercial use only in accordance with this Agreement. The Website and results for the Services may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
5.3 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
No Copying or Distribution.You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
No Modifications.You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
5.4 Trademark Notice.
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
5.5 Feedback to the Company.
If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (www.ourstori.com/privacy). You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible. If you believe that a child under 13 years old may have provided us personal information, please contact us.
The Services may contain links to third-party websites, resources, and services, as well as advertisements (collectively, “Third-Party Links”). Third-Party Links are provided for your convenience only. The Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. The Company has no control over the contents, products, or services of any Third-Party Link and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.
8.1 Termination.
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
8.2 Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect.This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
The Services involve the analysis of biological samples and the generation of informational results based on available scientific methods, reference data, and analytical processes. Due to the nature of biological variation, sample handling, and evolving scientific understanding, results may vary between individuals and over time.
Results generated through the Services may be incomplete, inconclusive, incorrect, or subject to interpretation. Certain conditions, traits, or factors may not be detectable based on the sample provided or the current scope of analysis. Scientific knowledge and methodologies continue to develop, and future research or advances may affect the interpretation of prior results.
The accuracy and completeness of results depend in part on the quality, handling, and integrity of the sample submitted. Improper sample collection, contamination, degradation, or delays in processing may affect analytical outcomes.
The Services rely on third-party laboratories, service providers, and technologies to perform certain components of analysis and processing. Variations in methodologies, reference standards, or processing techniques may affect results.
Results are provided for informational purposes and are not intended to replace consultation with qualified professionals. Users are responsible for determining how to interpret and use the information provided through the Services.
No Warranties
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR RESULTS WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE OF THE SERVICES.
Informational and Non-Medical Nature of Services
THE SERVICES AND RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, NOR TO SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, OR OTHER ADVICE. YOU ARE SOLELY RESPONSIBLE FOR HOW YOU INTERPRET AND USE THE RESULTS.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE MEDICAL CARE, DOES NOT CREATE A DOCTOR–PATIENT RELATIONSHIP, AND DOES NOT REVIEW RESULTS FOR CLINICAL PURPOSES.
Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES INVOLVES INHERENT RISKS, INCLUDING THE POSSIBILITY THAT RESULTS MAY BE INACCURATE, INCOMPLETE, INCONCLUSIVE, OR UNEXPECTED. YOU ASSUME FULL RESPONSIBILITY FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE SERVICES OR RESULTS.
Emotional Considerations
YOU ACKNOWLEDGE THAT INFORMATION PROVIDED THROUGH THE SERVICES MAY BE UNEXPECTED OR EMOTIONALLY IMPACTFUL AND THAT, ONCE RESULTS ARE DISCLOSED, SUCH INFORMATION CANNOT BE WITHDRAWN OR REVERSED. YOU ACCEPT FULL RESPONSIBILITY FOR ANY EMOTIONAL, PSYCHOLOGICAL, OR PERSONAL IMPACT ARISING FROM YOUR USE OF THE SERVICES OR FROM SHARING RESULTS WITH OTHERS.
Relationship to Section 2.7
THIS SECTION 10 ADDRESSES WARRANTIES, DISCLOSURES, AND ASSUMPTION OF RISK ONLY AND DOES NOT CREATE OR EXPAND ANY REMEDIES OR LIABILITIES. ALL REMEDIES AND LIMITATIONS OF LIABILITY ARE GOVERNED EXCLUSIVELY BY SECTION 2.7 (REFUNDS AND LIMITATIONS), AND NO OTHER PROVISION OF THIS AGREEMENT SHALL BE INTERPRETED TO CREATE ANY REMEDY, WARRANTY, OR LIABILITY INCONSISTENT WITH SECTION 2.7.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
12.1 Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction, except that the arbitration agreement set forth in this Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).
12.2 Dispute Resolution.
Before initiating any formal dispute resolution proceeding, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services through good-faith informal negotiations. To initiate informal dispute resolution, the initiating party must provide the other party with a written notice describing the nature of the dispute and the relief sought. Any notice to the Company must be sent to legal@ourstori.com. The parties shall have at least sixty (60) days from receipt of such notice to attempt to resolve the dispute informally. Engagement in this informal dispute resolution process is a condition precedent to initiating arbitration or litigation, and any applicable statute of limitations shall be tolled during this informal resolution period.
Arbitration.
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator in accordance with the AAA Consumer Arbitration Rules then in effect, as modified by this Agreement. The arbitration shall be conducted on an individual basis only, and not on a class, collective, consolidated, or representative basis.
The arbitrator shall have authority to award only those remedies that would be available in an individual action under applicable law and shall not have authority to award relief on a class, collective, or representative basis. If you are a resident of the United States, the arbitration shall take place in the state of your residence, unless the parties agree otherwise or the arbitrator determines that another location or a remote proceeding is more appropriate.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If a court determines that applicable law precludes enforcement of this waiver as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed and may be brought in court, while all remaining claims shall continue to be resolved in arbitration.
Attorneys’ Fees and Costs.
Each party shall bear its own attorneys’ fees and costs in any arbitration or other dispute-resolution proceeding, unless applicable law or the arbitration rules expressly permit the award of attorneys’ fees or costs to the prevailing party, or unless the arbitrator determines that sanctions are warranted due to a party’s bad-faith conduct or the assertion of frivolous claims.
Mass Arbitration.
To promote the efficient and fair resolution of disputes, if fifty (50) or more substantially similar arbitration demands are submitted against the Company by or with the assistance of the same or coordinated counsel within a reasonably close period of time (“Mass Arbitration”), the parties agree that: (i) the arbitration demands shall be administered in batches of up to fifty (50) claims per batch; (ii) only one batch shall be filed, processed, and arbitrated at a time; (iii) The statute of limitations for claims included in a Mass Arbitration shall be tolled while such claims are pending in any batch process; and (iv) all parties shall cooperate in good faith to implement procedures reasonably designed to reduce the time, cost, and burden of resolving such claims. Nothing in this section authorizes class, collective, or representative arbitration.
Exceptions to Arbitration.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims relating to the actual or threatened infringement, misappropriation, or violation of that party’s intellectual property rights. Such claims shall be brought exclusively in the state or federal courts located in Nevada, and the parties hereby consent to the personal jurisdiction and venue of such courts.
Either party may also bring an individual claim in small claims court, provided the claim falls within that court’s jurisdiction and remains an individual action.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CLAIM IS PERMANENTLY BARRED, TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability.
Per Section 14.2 and for clarity, if any provision of this Disputes section is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect. If any portion of the class-action waiver or arbitration agreement is found unenforceable as to a particular claim or remedy, that claim or remedy shall be severed and proceed in court, while all remaining claims shall be resolved in arbitration as provided herein.
Waiver of Jury Trial and Class Actions.
YOU AND THE COMPANY UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, EACH PARTY IS WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTOENEY GENERAL ACTION, OR ANY OTHER REPRESENATIVE PROCEEDING.
12.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN [ONE (1) YEAR] AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
13.1 Waiver.
Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
13.2 Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13.3 Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
13.4 Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
13.5 No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.
13.6 Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
13.7 Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 5 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@ourstori.com.