Effective Date: November 24, 2022
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE LOCATED IN THE UNITED STATES AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT RESIDE IN THE UNITED STATES AND DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PENN ALEXANDER HSA MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PENN ALEXANDER HSA TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW THE SECTION ENTITLED “INDEPENDENT ARBITRATION AGREEMENT” BELOW FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH PENN ALEXANDER HSA.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
Penn Alexander HSA grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Penn Alexander HSA.
Independent Arbitration Agreement
In consideration of and as a condition of your use of the Site you and Penn Alexander HSA (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against Penn Alexander HSA but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, Penn Alexander HSA will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, Penn Alexander HSA shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Any Penn Alexander HSA publication concerning our products may include inaccuracies or typographical errors. Penn Alexander HSA shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Penn Alexander HSA may make improvements and/or changes in the products described in these publications at any time without notice.
Penn Alexander HSA may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Penn Alexander HSA, payment must be received by Penn Alexander HSA prior to acceptance of an order. Notwithstanding the foregoing, Penn Alexander HSA may in our sole discretion choose not to charge your credit card until your order has been shipped. Penn Alexander HSA may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
You understand that: (i) the prices for products displayed through the Site may differ from the prices available at third-party websites/mobile applications, and that such prices may not be the lowest prices at which the products are sold; (ii) Penn Alexander HSA has no obligation to itemize its costs, profits or margins when publishing such prices; (iii) Penn Alexander HSA may change prices at any time, at our sole discretion; and (iv) Penn Alexander HSA reserves the right to change such prices at any time to correct errors or to comply with applicable laws.
Payment will be processed by Penn Alexander HSA’s independent third-party payment processor, using your preferred payment method. We may ask for another payment method if the payment method you have provided has been declined.
Certain features of the Site, including placing orders, may require you to pay fees to Penn Alexander HSA or its third-party vendors, including, but not limited to, service fees and surge fees. Penn Alexander HSA may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged, and you agree to pay such a fee.
Charges paid by you for completed and delivered orders are final and non-refundable. Penn Alexander HSA has no obligation to provide refunds, credits or promotional offers, but may grant them, in each case in Penn Alexander HSA’s sole discretion.
You understand that products purchased by you and shipped to your designated location in the United States may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products.
You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up to date at all times. If you provide any information that is, or that Penn Alexander HSA has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Penn Alexander HSA has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Penn Alexander HSA will not be liable for losses, damages, liability, expenses, and fees incurred by Penn Alexander HSA or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
Links to External Websites and Online Services
Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY PENN ALEXANDER HSA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENN ALEXANDER HSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PENN ALEXANDER HSA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.
Any claims arising in connection with your use of the Site or any products purchased or services used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, and you agree to submit to the exclusive jurisdiction of the courts of Philadelphia County, Pennsylvania, USA in respect of any disputes arising under or in connection with these Terms.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at firstname.lastname@example.org, 215-400-7760 ; 4209 Spruce Street, Philadelphia, PA 19104