Terms & Condish

The following terms and conditions govern the relationship between you and The Worst Drug, Inc., its subsidiaries, and/or affiliated companies (“TWD”, “we”, and/or “us”) regarding your use of TWD websites and services provided on or through desktop and mobile web browsers, locally installed mobile applications, third party platforms including social networking sites, and various API services and any other services that we may offer from time to time (collectively, the “Service”).

Your Acceptance of the Terms & Condish

Please read these Terms of Service carefully before using our Service. This is a legally binding agreement between you and TWD. If you do not agree to these Terms of Service, your license to use the Service shall immediately terminate and you must immediately stop accessing or using the Service. Use of the Service is also governed by TWD’s Privacy Policy which is incorporated herein by reference (collectively, these “Terms of Service”). Your privacy is important to us and we encourage you to read our Privacy Policy carefully to make informed decisions. By accessing or using the Service, you accept and agree to these Terms of Service and the Privacy Policy.

By accessing the Service, you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. You must provide all equipment and software necessary to connect to the Service, including but not limited to a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. Access to materials provided by the Service from jurisdictions where its contents are illegal is prohibited.

Changes to the Terms of Service and the Service

We reserve the right at our discretion to change, modify, add, or remove portions of these Terms of Service and its Privacy Policy at any time. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Service are posted will constitute your acceptance of and agreement to such changes or modifications. This agreement may not be otherwise amended except in a writing signed by you and us. To the extent that these Terms of Service or the Privacy Policy conflict with any other TWD terms, policy, rules or codes of conduct, or third party agreements governing your download of or access to applications that are part of the Service, the terms contained in these Terms of Service and the Privacy Policy shall govern.

You agree that we shall not be liable to you or to any third party for any change or modification to these Terms of Service. Except as may be expressly specified otherwise by TWD with respect to paid portions of the Service, we reserve the right to add, change, suspend, or discontinue the Service or any aspect or feature of the Service, without notice or liability.

Limited License to Use the Service

The Service is provided for your enjoyment, and unless otherwise specified on or in the websites or Services, solely for your own personal use. We hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own non-commercial purposes, subject to your complete compliance with the Terms of Service and any other terms and policies set forth on or in the Service including on third party platforms. You agree not to use the Service for any other purpose.

Except as expressly provided herein, we do not grant you any other express or implied rights or license in or to the Service, and all right, title and interest that TWD has in the Service not explicitly granted to you by TWD or its licensors are retained by us or our licensors, respectively. Except as expressly set forth in these Terms of Service, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Service without TWD’s or its licensors’ express prior written permission.

Conditions on Use of the Service

As a condition of your use of the Service and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use below as well as any additional restrictions set forth in the Service:

  1. You will access and use the Service solely for your own personal and noncommercial use;
  2. You will comply with all applicable laws and regulations in using the Service and any content of the Service;
  3. You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Service, or in any manner inconsistent with these Terms of Service;
  4. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell for any commercial purpose any portion of the Service, use of the Service, or access to the Service, except for limited reverse engineering activities that may be (and only to the extent) permitted by applicable law;
  5. You will not use any automated system, software, or device to use the Service or to obtain content or information from the Service;
  6. You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service;
  7. You will not collect personally identifiable information, including (without limitation) account names or email addresses from the Service, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these Terms of Service;
  8. You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software, hardware, or telecommunications equipment;
  9. You will not defeat or interfere with any security feature of the Service, or attempt to do so;
  10. You will not alter or modify any content or component of the Service;
  11. You will not reproduce, duplicate, copy, sell, trade, resell, or exploit — for any commercial purpose — any content of, any component of, any use of, or any access to the Service, without the prior written permission of TWD.

Your Conduct and Your Use of the Service

The Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to share content.

You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display, or communicate through the Service (collectively, “User Content”), and for the consequences of posting, publishing, uploading, or displaying any User Content. You further agree that:

  1. You will not create a false identity or impersonate another person or entity including (without limitation) identities falsely indicating that you are a TWD official or representative, a message board moderator, a guide, another user or host, or a celebrity or public figure;
  2. You will not access another user’s Account without permission;
  3. You will not harvest or collect any information about any user of the Service including Personal Information, other Account information, passwords, email addresses, or geo-locations;
  4. You will not make offers, advertisements, or proposals for goods, services, or other commercial activities outside of TWD;
  5. You will not share any TWD passwords with a third party;
  6. You will not frame or mirror any part of the Service without TWD’s prior written permission;
  7. You will not imply or state that any statements made by you are endorsed by TWD without our prior written consent;
  8. You will not modify any part of the Service for your own personal or commercial purposes, including but not limited to altering, adapting, licensing, sublicensing, or translating the Service;
  9. You will not assist, permit, or encourage any party in engaging in any of the activities described in the above listing.

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. These rules of use are not meant to be exhaustive, and TWD reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Service and to take action — up to and including deletion, suspension, or termination of your Account and exclusion from further participation in the Service with or without prior notification to you.

By accessing or using the Service, you acknowledge and agree that TWD is engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v)).

Provision and Modification of the Service

In accordance with these Terms of Service, you may view content provided through the Service and — to the extent permitted by TWD — download content or portions of content provided by the Service to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.

You understand and agree that the Service is provided to you on an as is and as available basis. TWD disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service or of any feature or software included in the Service. TWD disclaims all responsibility and liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that we will not be liable for any such services, software, content, or advertising.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. The Service may be subject to interruptions, caused by TWD or others. You agree that TWD will not be liable for any modification, suspension, interruption, or discontinuance of the Service.

Rights to the Content on the Service

All content and components of the Service other than User Content (“TWD Content”), including without limitation the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks, and logos used in the Service, are owned by TWD or are licensed to TWD subject to the copyrights or other intellectual property rights held by others. We reserve all rights including (without limitation) all intellectual property rights or other proprietary rights in connection with the Service and any other component or content of the Service not expressly granted to you by these Terms of Service.

TWD provides the Service for the personal, non-commercial use of viewers, visitors, subscribers, or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view the content of the Service. TWD reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publicly display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity.

User Content

You agree that any User Content is not confidential and will not be returned to you. You hereby grant TWD a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. TWD reserves the right to terminate this license at any time if you breach or violate any provision of these Terms of Service, in which case you will be obligated to immediately destroy any materials that you have obtained from the Service.

Public Areas and User Ideas

The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. We have no responsibility to evaluate, use, or compensate you for any ideas or information that you may choose to submit.

If you submit suggestions, proposals, comments, or other materials (collectively, “User Ideas”) within the Service, you understand and agree that: (i) TWD shall have no obligation to keep User Ideas confidential; (ii) TWD shall have no obligation to return your User Ideas or respond in any way; and that (iii) TWD may use your User Ideas for any purpose in any way without notice or compensation to you. You agree that by submitting User Ideas to TWD including any concepts, know-how, or ideas, you hereby grant TWD a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Service, and for TWD’s (and its successor’s) businesses including (without limitation) for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. We are under no obligation to evaluate, review, or use any User Idea.

You are solely responsible for the information that you post on, through, or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may in whole or in part be unauthorized or impermissible or otherwise violate these Terms of Service, and TWD assumes no responsibility or liability for this material.

TWD is not responsible for a member’s misuse or misappropriation of any content or information that you post in any forums, blogs, and chat rooms.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes including damages for loss of profits, goodwill, use, or data. If you are a California resident, you waive California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

Objectionable or Inappropriate Content

By its very nature, the Service may include offensive, harmful, inaccurate, or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. TWD does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service is at your own risk.

TWD may review any content provided by the Service including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service at TWD’s sole discretion. However, you acknowledge and agree that TWD is not obligated to remove any content from the Service unless and until it is established pursuant to the requirements of the law that the content is illegal.

If you believe that any content provided by the Service is illegal or violates these Terms of Service, you may inform TWD by emailing legal@theworstdrug.com. TWD will review your message and the content to which you object (assuming that it is still available through the Service). TWD may remove the content if, in TWD’s judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that TWD is not legally responsible for content that it does not originate. Neither is TWD legally responsible for removing content that it deems inappropriate from the Service.

TWD reserves the right to access, read, preserve, and disclose any information that TWD reasonably believes is necessary to do any of the following: (i) satisfy any applicable law, regulation, legal process, or legitimate governmental request; (ii) enforce these Terms of Service including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of TWD, its users, or the public. You agree that TWD will not be liable for exercising or for failing to exercise any of these rights.

Copyright

TWD respects the intellectual property rights of others. We prohibit users from uploading, posting, or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the “DMCA”), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. TWD’s DMCA Agent for notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section. All other inquiries directed to TWD’s DMCA Agent will not be answered. Misuse of the DMCA can subject you to liability. If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.

Names and Trademarks

TWD, theworstdrug.com, theworstdrug.tv, and other TWD logos and product or service names are trademarks of TWD. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

Links to External Sites, Sponsors, Advertisers, and Third Parties

The Service may provide links to third party sponsor, advertiser, or other websites that are not owned or controlled by TWD. Any charges or obligations incurred in your dealings with these third parties are your responsibility. You acknowledge and agree that TWD is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TWD of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources including responsibility for viewing and abiding by the privacy statements and terms of service/use posted at any third party or linked sites. We may remove any links at any time for any reason. TWD has no control over and assumes no responsibility for the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release TWD from any and all liability arising from your use of any third party website, content, service, or software accessed through the Service.

Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the websites are solely between you and such advertiser. Any dealings with third parties (such as advertisers) included within the Service or through any third party platform or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. TWD makes no representation or warranty regarding any content, goods, and/or services provided by any third party or services. The linked sites are not under the control of TWD and may collect data or solicit personal information from you. TWD is neither responsible nor liable for any part of such dealings or promotions.

Privacy

We use the information and data that you provide in a number of ways to manage the Service, including information/data made available through third party platforms. For more information, please see our Privacy Policy. The Privacy Policy may be revised from time to time without notice to you other than appearing on the TWD website. The Privacy Policy indicates when it was last revised. It is your responsibility to regularly check the TWD website and to review the Privacy Policy. Your continued use of the Service constitutes your agreement to all revisions to the Privacy Policy. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information provided by you will be private or secure, and we are not responsible or liable to you for any lack of privacy or security that you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service, including any Service available through any third party platform.

Disclosure

Your information and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses, and your personal information) may be accessed and monitored as necessary by the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant, or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and (v) in order to protect the rights or property of TWD, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such disclosure, monitoring, and access.

Acknowledgements

You hereby agree and acknowledge that TWD has the right to obtain without notification to you: (i) certain information about your computer or software, including (without limitation) identification of your central processing unit, hard drives, internet browser, and IP address for purposes of unique user/session identification and other lawful purposes; (ii) non-personal information from your connection to the Services or via any third party platform for demographic or other legal purposes; and (iii) information from your computer, software, and parts or portions thereof, including (without limitation) your computer’s central processing unit, random access memory, video card, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.” The information obtained in this section may be used for the purpose of identifying persons or entities not in compliance or believed by TWD to not be in compliance with the Terms of Service and any and all other rules, policies, notices and/or agreements.

Disclaimers of Warranties and Damages, Limitations of Liability

You expressly agree that your use of the service is at your sole risk and that the Service is provided on an “as is” and “as available” basis and without warranty of any kind. To the fullest extent permissible pursuant to applicable law, TWD and its affiliates, licensors, suppliers, advertisers, sponsors, and agents disclaim all warranties, express, implied, statutory, or otherwise with respect to the Service, the Service materials, and any and all User Content including without limitation any implied warranty of non-infringement, title, merchantability, or fitness for a particular purpose and any warranties that may arise from course of dealing, course of performance, or usage of trade. Without limiting the generality of the foregoing, TWD makes no warranty that: (i) the Service will meet your requirements or that the Service materials or User Content will be viewable by you; (ii) the Service will be uninterrupted, timely, error-free, or secure or that errors will be corrected; and (iii) the results that may be obtained from the use of the Service or any Service materials or User Content will be accurate or reliable.

Limitation of Liability

Your use of the provided Service is entirely at your own risk. Under no circumstances shall TWD be responsible or liable to you for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages including but not limited to lost revenues, lost profits, goodwill, lost data, or business interruption, or other intangible losses arising out of or relating in any way to these Terms of Service or the Service and/or materials available through any third party platform or linked websites or any code, product, or service purchased, accessible, or usable through the Service or any third party platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not TWD has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Service is to stop using the Service and/or to cancel your account.

The sole and exclusive maximum liability to TWD for all damages, losses, and causes of action whether in contract, tort (including without limitation negligence) or otherwise shall be the total amount paid by you to TWD in the preceding six (6) months if any, to access or use the Service. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No communication of any kind between you and TWD or any TWD representative, affiliate, director, employee, agent, attorney, third party content provider, distributor, licensee, or licensor constitutes a waiver of any limitation of liability hereunder or creates any additional warranty not expressly states in these Terms of Service. Multiple claims will not increase the monetary damages limit stated herein. You agree that the damage exclusions in these Terms of Service shall apply even if any remedy falls out of their essential purpose.

System Outages

TWD periodically schedules system downtime for the Service for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that TWD has no responsibility for and is not liable for: (i) the unavailability of the Service including those available on third party platforms; (ii) any loss of materials, data, transactions, or any other information or materials caused by such system outages; (iii) the resultant delay, misdelivery, or non-delivery of data, transactions, or any other information or materials caused by such system outages; and (iv) any outages caused by any third parties including (without limitation) any companies or servers hosting the Service, any internet service provider, any third party platform, or any internet facility or network.

Indemnification

You agree to indemnify, defend, and hold TWD, its affiliated companies, contractors, employees, agents, and its third party suppliers, licensors and partners harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising out of your use and/or misuse of the Service, any violation of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right at your expense to assume the exclusive defense and control of any matter for which you are required to indemnify TWD, and you agree to cooperate with TWD’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Termination

TWD may at its sole discretion terminate your access to the Service, delete any content or information that you have posted or communicated through the Service, and/or prohibit you from using the Service at any time, with or without notice, and for any reason including (but not limited to) violation of these Terms of Service.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability and damages may not apply to you.

The provisions of this agreement that provide for limitations of liability, disclaimers of warranties, or exclusions of damages allocate risks between you and TWD. That allocation is reflected in the delivery of free content to you by TWD and is an essential element of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy under this agreement.

Dispute Resolution

If a dispute arises between you and TWD, our goal is to provide you with a cost effective and neutral means of resolving the dispute. Accordingly, you and TWD agree that we will resolve any claim or controversy at law or equity that arises out of these Terms of Service or the Service in accordance with the subsections below. Before resorting to these alternatives, we encourage you to first contact us to seek a resolution by going through customer support. We will consider reasonable requests to resolve disputes through mediation or arbitration as alternatives to litigation.

Governing Law/Jurisdiction for U.S. Users

If you are a citizen or a resident of the United States, the Terms of Service are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California. Any dispute between you and TWD relating to the Services that involves a claim of less than USD $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and TWD agree that the following rules shall apply to the arbitration proceedings: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute between you and TWD relating to the Service that involves a claim of more than USD $5,000 is subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco County, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Governing Law/Jurisdiction for Non-U.S. Users

If you are not a citizen of or reside outside of the United States, the Terms of Service are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg and shall be considered to have been made and accepted in the Grand Duchy of Luxembourg, without regard to conflict of law provisions. Any dispute between you and TWD relating to the Service that involves a claim of less than € 5,000 must be resolved exclusively through binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number of arbitrators shall be one (1). The place of arbitration shall be Luxembourg. The arbitration shall be conducted in the English language. In addition, you and TWD agree that the following rules shall apply to the arbitration proceedings: (i) consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its case, carried out expeditiously; (ii) the arbitration award shall be rendered within six (6) months of the commencement of the arbitration, unless such time limit is extended by the arbitrator; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute between you and TWD relating to the Service that involves a claim of more than € 5,000 is subject to the exclusive jurisdiction of the courts located in Luxembourg.

Assignment

We may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or the Privacy Policy without TWD’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Additional Policies and Modifications

TWD may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms of Service. We have included the effective date of these Terms of Service on the last page of this document. TWD reserves the right to make changes to any Terms of Service at any time, however, TWD shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the website, through the Service, or via email. If you continue to access and/or use the Services after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Service as changed. The revised Terms of Service shall supersede all previous notices or statements regarding the Service. For this reason, we encourage you to review these Terms any time you access or use the Service. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Service.

Entire Agreement

These Terms of Service and any supplemental policies and documents incorporated by reference herein contain the entire understanding between you and TWD and supersede any and all prior or contemporaneous understandings between you and us relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the Service.

Statute of Limitations

Any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action is forever barred.

Mobile Terms

The Service may include versions designed for mobile content that may be viewed on mobile devices (the “Mobile Site”). In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider for your use of the Mobile Site. These charges may include standard and premium SMS charges and may be a one-time or recurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. We are not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission by your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages.

Notice

We may notify you via postings on www.theworstdrug.tv, or via email or any other means of communication that you provide to us. Except as explicitly stated otherwise, legal notices are served on TWD’s national registered agent. Notice is deemed given twenty-four (24) hours after posting or email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for the Services. In such case, notice is deemed given three (3) days after the date of mailing.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R St., Ste. 1080, Sacramento, CA, 95814, or by telephone at (916) 445–1254 or (800) 952–5210.

Waiver

The failure of TWD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The express waiver by TWD of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms of Service, no representation, statement, consent, waiver, or other act or omission by TWD shall be deemed a modification of these Terms of Service nor be legally binding unless documented in physical writing and hand signed by you and a duly appointed officer of TWD.

Severability

If any provision of the Terms of Service is found to be unlawful, void, or for any reason unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

Export Controls

Portions of the Service may be subject to United States export controls. You agree to comply with such export controls as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Equitable Remedies

You acknowledge that the rights granted to and obligations made to TWD under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to TWD for which remedies at law are inadequate. TWD shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

Miscellaneous

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. You agree that these Terms of Service will not be construed against TWD by virtue of having drafted them. You hereby waive any and all defenses that you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service. TWD’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of TWD’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service, and any information provided to or gathered by TWD with respect to such use(s). A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated in and maintained in printed form. The parties agree that all correspondence relating to these Terms of Service must be written in the English language.

Contacting Us

Should you have any questions or concerns regarding these Terms of Service, please email us at legal@theworstdrug.com, or mail us at:

The Worst Drug, Inc.
480 2nd St., Ste. 201
San Francisco, CA, USA
94107

These Terms of Service were last updated on March 14, 2015.