Hello, Mortal Inc.
Website Terms of Service
Last Modified: January 20, 2024
Acceptance of the Terms of Service
These website terms of use are entered into by and between you (“you” or “your”) and Hello, Mortal Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of www.deatharchetypes.com (the "Website") and the content, functionality, and services (collectively, “Services”) we make available on or through the Website.
Please read these Terms of Service carefully before you start to use the Website or any of the Services. By using the Website or our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.deatharchetypes.com/privacypolicy, which is hereby incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or any of our Services.
The Website is not for persons under the age of 18. If you are under 18 years of age, then please do not use the Website. By using the Website, you represent that you are at least 18 years of age.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website or any Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
We Do Not Provide Medical Advice or Psychiatric Counselling
The information, whether text, data, charts, and other materials available through our Services (“Content”) are for your personal informational and entertainment purposes only and not for any business, educational, employment or recruitment purposes. Company does not provide, and the Content and other Services do not include or provide, professional medical advice, psychiatric counselling or diagnosis or treatment of any medical or psychiatric conditions. We make no claims or representations in relation to the emotional, health or commercial benefits of using our Services or any third party products and services (“Third Party Products”) referred or linked by us in connection with our Services. The Content on our Website is not comprehensive and may not be an accurate assessment of your psychological well-being and personality. The Content provided through our Website is no substitute for professional medical or psychiatric advice where applicable.
You must consult with your physician, counselor, therapist, or other qualified health providers (each, “Your Clinician”) with any questions you may have regarding a medical or psychiatric condition or if you are concerned about mental health or any other health conditions. Your Clinician is solely responsible for providing You with professional medical advice, genetic counselling or diagnosis or treatment of any medical or psychiatric conditions. Do not disregard professional medical advice due to any of the Content available through our Services.
You Are Responsible For Your Actions and Decisions
Reliance on any of the Content is solely at your own risk. Any actions or decisions you make are your responsibility and Company shall not be responsible for your actions or decisions or the consequences of your actions or decisions.
Product Referrals or Links
In connection with your use of the Website or Services, we may provide you with referrals of Third Party Products and links to purchase such Third Party Products from Amazon or other third parties. You agree and acknowledge that you are solely responsible for any decision to purchase or use any such Third Party Products. Company is not responsible for any such Third Party Products and provides no warranties, express or implied, with respect to such Third Party Products. You further acknowledge that Company may receive a commission from a third party in the event you purchase any such Third Party Products and that you do not have any rights to any of such commissions.
Intellectual Property Rights
As between you and Company, Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Website, all content available in connection therewith and all usage and other data generated or collected in connection with the use thereof (collectively, the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying Company Materials.
Trademarks
Company name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website and Content only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; to send, knowingly receive, upload, download, use, or re-use any material that does not comply with any other provision in this Terms of Service; to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation; to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.
Additionally, you agree not to: use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; use any robot, spider, or other automatic device, process, or means to access the Website or Content for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; use any device, software, or routine that interferes with the proper working of the Website; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website or Content is stored, or any server, computer, or database connected to the Website.
Termination
You may terminate this Agreement by ceasing to use the Website and Content at any time. Company may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that Company shall not be liable to you or any third-party for any such termination. The following provisions shall survive the termination of these Terms and shall apply indefinitely: We Do Not Provide Medical Advice or Psychiatric Counselling, Intellectual Property Rights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Waiver and Severability and Entire Agreement.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy www.deatharchetypes.com/privacypolicy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
THE WEBSITE AND ANY CONTENT, INFORMATION, REFERRALS, LINKS OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE WEBSITE OR CONTENT, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR CONTENT EXCEED ONE HUNDRED ($100) U.S. DOLLARS.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Content, Services, and Third Party Products, or your use of any other information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule which would cause the application of the laws of any other jurisdiction.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website, Content or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in Denver, Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, CONTENT, SERVICES OR THIRD PARTY PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU HEREBY IRREVOCABLY WAIVE SUCH CAUSE OF ACTION OR CLAIM AND AGREE THAT SUCH ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, Content or Services.
Your Feedback, Comments and Requests
This website is operated by Hello, Mortal Inc.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@deatharchetypes.com. You agree and acknowledge that Company shall have the unrestricted right to exploit any such feedback, comments or communications without any duty to account or pay royalties to you.
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