Terms and Conditions
Trans Health HQ, Inc
TRANS HEALTH ACCESS & INFORMATION HUB TERMS OF USE AGREEMENT
Last Updated Date: June 16, 2026
Welcome and thank you for your interest in Trans Health HQ, Inc.’s (“Trans Health HQ”, “we”, “us” or “our”) Trans Health Access & Information Hub. Please read this Terms of Use Agreement (“Terms”) carefully. These Terms describe the terms and conditions that apply to your use of (i) the Trans Health HQ’s informational hub located at https://thhq.org/hub/ and its subdomains and any of Trans Health HQ’s other websites on which a link to these Terms appears (collectively, the “Website”), and (ii) Trans Health HQ’s other services, content, and resources that are available on or enabled via our Website (collectively, with our Website, the “Services”).
Please refer to our Privacy Policy, for information about how we collect, use, and share personal information about users.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (ii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRANS HEALTH HQ, (iii) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION, AND (iv) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
SECTION 14 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND TRANS HEALTH HQ. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14.8 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MASSACHUSETTS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
THE AGREEMENT IS SUBJECT TO CHANGE BY TRANS HEALTH HQ IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 14.4 (AGREEMENT UPDATES).
1. USE OF THE SERVICES.
1.1 The Services. Trans Health HQ’s Access & Information Hub is intended to assist individuals in locating third-party, online resources related to providing gender affirming care (the “Resources”). Please note that Trans Health HQ does not provide any professional health care services, and Trans Health HQ is not a medical professional or licensed clinical provider. The Services are not medical advice and do not constitute an opinion, diagnosis, or treatment of any particular condition. They are not intended to diagnose, treat, cure, or prevent any disease and have not been evaluated, cleared, or approved by the FDA. The Services provide general information for educational and informative purposes. No information provided through the Services replaces or is part of any professional medical consultation, advice, or treatment, which should be provided by a physician or other qualified healthcare provider. Our Services should never be used for medical emergencies, urgent situations, or instances where someone may be in danger or require immediate assistance. If you have or suspect that you have a medical problem or condition, contact a qualified healthcare professional immediately.
1.2 Access to the Services. Unless subject to a separate agreement between you and Trans Health HQ, your right to access and use the Services, in whole or in part, is subject to your compliance with this Agreement and you agree that you will only access and use the Services for your internal business purposes. Trans Health HQ, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any part of the Services terminates the rights granted by Trans Health HQ pursuant to the Agreement.
1.3 Use of the Resources. While Trans Health HQ may provide third-party Resources through our Services regarding clinical care, such Resources are provided solely for informational purposes only, and we do not make any guarantees regarding any Resources or their efficacy. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Resources by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the owner of such Resource. Resources are not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. We do not have control over the quality, legality, accuracy, or any aspect whatsoever of any of the Resources or any products or other services provided in connection with such Resources. Any treatment plans or medical advice are not provided in association with Trans Health HQ, and you use the information provided by the Resources at your own risk. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of health care services and should seek legal advice regarding any legal questions.
1.4 Supplemental Terms. Your use of the Services may be subject to any additional terms, conditions, and policies that we separately post on the Services (“Supplemental Terms”), which are incorporated by reference into these Terms (together, the “Agreement”). To the extent there is any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.
1.5 Updates. You understand that the Services are evolving. You acknowledge and agree that Trans Health HQ may update the Services, including by adding or removing any Resources, at any time, with or without notifying you. Any future release, update, or other addition to the Services shall be subject to this Agreement.
2. REGISTRATION.
2.1 Registering Your Account. In order to access certain features of the Services, you may be required to register an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form or single sign-on, including (but not limited to) your e-mail address.
2.2 Registration Data. In registering an Account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Trans Health HQ. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Trans Health HQ immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Trans Health HQ has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Trans Health HQ has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Trans Health HQ reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Trans Health HQ, or if you have been previously banned from any of the Services.
3. OWNERSHIP.
3.1 The Services. You acknowledge that (i) the Resources, information, and content made available through the Services are the property of the applicable content provider and are subject to third-party intellectual property rights, and (ii) all of the other the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Trans Health HQ or Trans Health HQ’s suppliers. Neither the Agreement (nor your access to the Services) transfers to you or any third-party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. Trans Health HQ and its suppliers reserve all rights not granted in the Agreement. There are no implied licenses granted under the Agreement.
3.2 Trademarks. Trans Health HQ’s name and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of Trans Health HQ and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
3.3 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Trans Health HQ through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Trans Health HQ has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Trans Health HQ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, improvement and maintenance of the Services and/or Trans Health HQ’s business.
4. TRANS HEALTH HQ COMMUNICATIONS.
4.1 E-mail. You may have the opportunity to provide us with your e-mail address. By providing your e-mail address to us, you consent to receive e-mail communications from Trans Health HQ. E-mail communications from Trans Health HQ may include communications about the Services and other offers.
4.2 Electronic Communications. The communications between you and Trans Health HQ may take place via electronic means, whether you visit the Services or send Trans Health HQ emails, or whether Trans Health HQ posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Trans Health HQ in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Trans Health HQ electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
5. USER COMMUNICATIONS. Trans Health HQ may make available from time to time any channels provided by Trans Health HQ for users to communicate outside the Website (the “Communication Channels”). If you elect to use any such Communication Channels, your use is subject to compliance with our Community Guidelines. [Cooley1][IH2] Further, you acknowledge that Sections 5, 9, 10, 11, and 14 of these Terms apply to your use of the Communication Channels. Please contact Trans Health HQ at care@thhq.org if you have any questions about this Section 5.
6. USER CONDUCT AND CERTAIN RESTRICTIONS. As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Services (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Trans Health HQ’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services 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); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (vii) impersonate any person or entity, including any employee or representative of Trans Health HQ; or (viii) interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Services terminates the licenses granted by Trans Health HQ pursuant to this Agreement.
7. THIRD-PARTY SERVICES. The Services may contain links or references to third-party websites or services or otherwise be used to connect you with third party Resources (such third-party sites, services, and products are collectively, the “Third-Party Services”). Any such Third-Party Services, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information are maintained by third parties and not under the control of Trans Health HQ. Trans Health HQ is not responsible for any Third-Party Services. Trans Health HQ provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
8. INDEMNIFICATION. You shall indemnify and hold Trans Health HQ, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) your provision of care in connection or conjunction with the Services and Resources or any clinical decisions made in reliance thereon; (ii) your violation of this Agreement; (iii) your violation of any rights of another party, including any user; or (iv) your violation of any applicable laws, rules or regulations. Trans Health HQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Trans Health HQ in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Services.
9. DISCLAIMER OF WARRANTIES.
9.1 Generally. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. TRANS HEALTH HQ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
(a) TRANS HEALTH HQ MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES OR RESOURCES WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES OR ANY RESOURCES); (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE ADVICE, RESULTS, INFORMATION, OR RESOURCES, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR (IV) THE RESOURCES ACCESSED THROUGH THE SERVICES WILL REMAIN UNCHANGED OR ACCESSIBLE.
(b) ANY RESOURCES OR OTHER CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
9.2 Not Medical Services. THE SERVICES ARE NOT AN ALL-INCLUSIVE REPOSITORY FOR MEDICAL HEALTH INFORMATION AND DO NOT OFFER MEDICAL ADVICE OR RECOMMENDATIONS. YOU SHOULD NOT RELY ON THE INFORMATION OR RESOURCES MADE AVAILABLE THROUGH THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE. IN NO EVENT WILL TRANS HEALTH HQ BE LIABLE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT REPLACE MEDICAL CONSULTATION AND EXAMINATION.
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10. LIMITATION OF LIABILITY.
10.1 Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRANS HEALTH HQ BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY RESOURCES, EVEN IF TRANS HEALTH HQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES OR ANY RESOURCES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN $200; OR IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRANS HEALTH HQ AND YOU.
11. TERM AND TERMINATION.
11.1 Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.
11.2 Termination. Trans Health HQ has the right to suspend or terminate the function or existence of all or any part of the Services and/or your Account at any time, and without notice as it deems advisable, including where you violate this Agreement, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Trans Health HQ shall not be liable to you or any third-party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. You may terminate this Agreement, your Account or your access to the Services at any time, for any reason by sending an email to: care@thhq.org.
11.3 Effect of Termination. Termination of your Account includes removal of access to the Services and barring of further use of the Services and also includes deletion of your password and all related information, files and data associated with or inside your Account (or any part thereof). Upon termination of your Account, your right to use the Services will automatically terminate immediately. All provisions of this Agreement which by their nature should survive, shall survive termination of your Account, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. INTERNATIONAL USERS. The Services may be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Trans Health HQ intends to announce such service or content in your country. The Services are controlled and offered by Trans Health HQ from its facilities in the United States of America. Trans Health HQ makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. Trans Health HQ reserves the right to limit the provision of the Services to any person or geographic location.
13. DISPUTE RESOLUTION.
13.1 Arbitration of Disputes. Subject to the terms of this Agreement to arbitrate (“Arbitration Agreement”), you and Trans Health HQ agree that all disputes or claims between you and the Trans Health HQ that arise out of or relate in any way to your use of or access to the Service, or to this Agreement, including prior versions of this Agreement, (each, a “Dispute”) will be resolved by binding arbitration. By entering into this Arbitration Agreement, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. This Arbitration Agreement is intended to be broadly interpreted and includes, for example, Disputes brought under any legal theory or that arose before you first accepted any version of this Agreement containing an arbitration provision. This Arbitration Agreement does not preclude any party from (1) bringing claims in small claims court if such claims qualify and remain in small claims court; or (2) seeking equitable relief in a court of appropriate jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
13.2 Informal Dispute Resolution. Before initiating any proceeding according to the terms of this Arbitration Agreement, as a condition precedent to doing so, you and Trans Health HQ agree to try to first resolve Disputes informally by contacting the other party in writing (the “Notice of Dispute”). If the Dispute is not resolved within forty-five (45) days after submission of the Notice of Dispute, you or Trans Health HQ may commence arbitration or, in the limited circumstances described in this subsection above, an alternative legal proceeding. Any applicable statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal Dispute resolution process.
13.3 Arbitration Procedures. The interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings initiated hereunder shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq. The National Arbitration & Mediation (“NAM”) will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the “NAM Mass Filing Rules”) (both sets of rules are currently available at https://www.namadr.com/resources/rules-fees-forms/), and as modified by this Arbitration Agreement. All issues are for the arbitrator to decide, including issues related to the scope and enforceability of this Arbitration Agreement and the arbitrability of Disputes, except that only a court of competent jurisdiction may decide issues concerning the validity, enforceability, interpretation, and breach of subsection 14.6 below. The arbitration will be conducted in the county where you reside or Boston, Massachusetts, unless the parties agree to another location or the Batch Arbitration process is triggered per subsection 14.7 below. The arbitrator shall issue a final, binding written award, which may be entered in any court having jurisdiction.
13.4 Confidentiality. To the fullest extent permitted by applicable law, all materials and documents exchanged during the arbitration will be kept confidential.
13.5 Arbitration Fees. The NAM Rules shall govern the payment of arbitration fees. The parties shall bear their own attorneys’ fees and costs unless the arbitrator finds that the Dispute was frivolous and/or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
13.6 No Class or Representative Actions. You and Trans Health HQ agree that, by entering into this Arbitration Agreement, all parties MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a final decision, not subject to any further appeal or recourse, determines that this Arbitration Agreement is invalid or unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), you and Trans Health HQ agree that only that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California.
13.7 Batch Arbitration. Notwithstanding subsection 14.6 above, to increase the efficiency of administration and resolution of arbitrations, you and Trans Health HQ agree that, in the event there are ten (10) or more individual requests of a substantially similar nature (i.e., requests that arise out of or relate to the same or similar facts and raise the same or similar legal issues and requests for relief) filed against Trans Health HQ by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 requests per batch (or, if between ten (10) and ninety-nine (99) individual requests are filed, a single batch of all those requests, and, to the extent there are less than 100 requests remaining after the batching described above, a final batch consisting of the remaining requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If there is any dispute about the applicability of these Batch Arbitration procedures, NAM shall appoint a single administrative arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). The Administrative Arbitrator’s fees shall be paid by Trans Health HQ.
13.8 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must send written notice to Trans Health HQ within thirty (30) days of first accepting any version of this Agreement containing an Arbitration Agreement. You must send this notice to care@thhq.org or Trans Health HQ HQ, 125 Western Ave, Allston, MA 92134 and must include: (1) your name and address; (2) the email address you used to set up your Account (if you have one); and (3) an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements you may currently have, or may enter in the future, with us.
13.9 Changes to the Arbitration Agreement. The parties agree that Trans Health HQ retains the right to make changes to this Arbitration Agreement in the future. You may reject any such change by notifying Trans Health HQ within thirty (30) days of that change at care@thhq.org or Trans Health HQ HQ, 125 Western Ave, Allston, MA 92134. Unless you reject the change within thirty (30) days, your continued use of the Service constitutes your acceptance of the change. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you did not previously properly opt out per the requirements in subsection 14.8 above. By rejecting a future change, you remain bound to arbitrate any Dispute in accordance with the terms of this Arbitration Agreement, as modified by any changes to the Arbitration Agreement you did not reject. Trans Health HQ will continue to honor any valid opt outs to the Arbitration Agreement, and you do not need to submit a rejection of future changes to this Arbitration Agreement if you properly opted out per the requirements in subsection 14.8 above.
14. GENERAL PROVISIONS.
14.1 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Trans Health HQ’s prior written consent. Trans Health HQ may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.2 Force Majeure. Trans Health HQ shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.3 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: care@thhq.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
14.4 Agreement Updates. When changes are made, Trans Health HQ will make a new copy of these Terms and/or Supplemental Terms, as applicable, available on the Services, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes to the Terms, we may (and, where required by law, will) also provide notification of such changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account or another manner through the Services (which may include posting an announcement on the Website). Trans Health HQ may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICES.
14.5 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Trans Health HQ agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Boston, Massachusetts.
14.6 Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MASSACHUSETTS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
14.7 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
14.8 Notice. Where Trans Health HQ requires that you provide an email address, you are responsible for providing Trans Health HQ with a valid and current email address. In the event that the email address you provide to Trans Health HQ is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Trans Health HQ’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Trans Health HQ at the following address: Trans Health HQ HQ, 125 Western Ave, Allston, MA 92134.Such notice shall be deemed given when received by Trans Health HQ by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
14.9 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
14.11 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Trans Health HQ are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Trans Health HQ products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14.12 Entire Agreement. The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.