Terms & Conditions of Use
Last Revised: March 11, 2025
The following Terms and Conditions (the "Terms") govern your use of the Hayflick Partners website, www.hayflickpartners.com, and all other online properties and applications (the "Site") operated by Hayflick Partners ("Hayflick Partners", “we", or "us"). Our Privacy Policy is hereby incorporated into these Terms by this reference and applies to your use of the Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. By using the Site, you agree to these Terms without limitation or qualification. If you do not agree to these Terms in their entirety, then you must exit the Site immediately and discontinue any use of the Site.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE "ARBITRATION AGREEMENT" SECTION BELOW.
Eligibility. No part of the Site is intended for use by persons under the age of 18. We do not knowingly collect or solicit personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
Geographic Limitations. The Site is controlled and operated by Hayflick Partners from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Changes to the Site and these Terms. We reserve the right, at any time and in our sole discretion, to: (i) modify, suspend or discontinue the Site or any service, content, or feature made available through the Site, with or without notice; (ii) charge fees in connection with use of the Site; (iii) modify and/or waive any fees charged in connection with the Site; and/or (iv) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, or feature made available through the Site. Further, we reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms and Conditions. You can determine when these Terms were last revised by referring to the "Last Revised" legend at the top of these Terms. Your continued use of the Site constitutes your acceptance of the current Terms.
Site Content. Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, the selection and arrangement of such content, and the copyrights, logos, trade names, trademarks, trade dress, and/or other intellectual property rights in the foregoing (collectively, the "Site Content"), is the property of Hayflick Partners or our licensors, partners or affiliates and is protected by United States and international copyright, trademark, and other intellectual property laws. Any unauthorized use of any Site Content is strictly prohibited. All Site Content is provided on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, whether express or implied, with respect to the Site Content.
License and Access. We grant you a limited license to access and use the Site solely in accordance with all applicable laws and these Terms. You may download, print and copy Site Content for personal, noncommercial purposes only, provided you do not modify or alter the Site Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way.
You shall not:
· Resell the Site or the Site Content;
· Copy, reproduce, distribute, publish, download, display, perform, post, or transmit any Site Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as set forth in these Terms;
Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site or the technology and equipment supporting the Site;
Frame or link to the Site, except as set forth in these Terms;
Conduct fraudulent activities on the Site;
Use data mining, robots, or other data gathering devices on or through the Site;
Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity on the Site;
Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise;
Disclose personal information about another person or harass, abuse, or post objectionable material on the Site;
Use the Site in a way that is illegal or that otherwise results in fines, penalties, or any other liability for us or others;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Your actual or attempted violation of any of the foregoing may result in suspension or revocation of Site access and/or any other corrective action we deem necessary.
Third-Party Links. From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services. You may be able to connect with these third parties through the Site, but this does not mean we endorse, monitor or have any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any third-party sites, including any terms of use and privacy policies applicable thereto or available thereon. We are not responsible for the content, policies, or activities of third parties and you interact with third parties at your own risk.
Feedback. We appreciate hearing from you and welcome your comments regarding the Site. Please be advised, however, that if you send us any ideas, suggestions, recommendations, comments, or the like ("Feedback"), you hereby assign to us all right, title and interest in and to such Feedback. We will not be subject to any obligation of confidentiality with respect to such Feedback and will not be liable for any use or disclosure thereof. We are entitled to unrestricted use of such Feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person, though we are not obligated to use such Feedback.
Copyrights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to info@hayflickpartners.com or:
DMCA Designated Agent
Hayflick Partners
4 Chestnut Avenue
Narberth, PA 19072
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Released Parties Defined. "Released Parties" include Hayflick Partners and our affiliates, and our and their respective officers, employees, agents, partners, and licensors.
Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT WITH RESPECT TO WARRANTIES THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
You agree to defend, indemnify, and hold harmless the Released Parties from and against any costs, expenses, fees, losses, liabilities, damages, claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your use of the Site; (ii) your use of or reliance on any third-party content; (iii) your use of or reliance on any Site Content; or (iv) your violation of these Terms, any applicable laws, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Released Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with the Site, or any violation of these Terms, any applicable laws, or the rights of any third party.
Governing Law. All matters relating to the Site, these Terms, and the relationship between you and us, and any dispute or claim arising therefrom or related thereto, will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
Arbitration Agreement. Except as expressly stated below, you and Hayflick Partners agree to submit any disputes relating to your use of the Site to binding and confidential arbitration to be conducted under the rules of the American Arbitration Association Rules for Arbitration of Consumer-Related Disputes ("AAA Rules") in English. Any such arbitration, to the extent necessary, will be conducted in the State of Pennsylvania. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
In addition to the AAA Rules, you and Hayflick Partners agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
You covenant not to sue us in any other forum. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding the foregoing, (i) to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania; and (ii) you can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply within one (1) year after such claim arose, provided that it is brought and maintained as an individual claim. If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the arbitration agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration.
This arbitration agreement provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
You can decline this agreement to arbitrate by providing written notice to us no more than 60 days following your initial acceptance of these Terms. Your written notice must be sent to . info@hayflickpartners.com and must include: (1) your name, (2) your address, (3) your email address, and (4) a clear statement that you do not wish to resolve disputes with us through individual arbitration.
Termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, including the arbitration agreement, all representations and warranties, all limitations of liability and all indemnities, shall survive such termination.
Waiver. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought to be enforced.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Severability. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
Entire Agreement. These Terms constitute the entire agreement between you and Hayflick Partners with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the subject matter hereof. Any rights not expressly granted herein are reserved.
California Residents. If you are a California resident, the following state-specific terms apply to you:
You shall and hereby do waive California Civil Code Section 1542, which says, "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 or her settlement with the debtor."
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@hayflickpartners.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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If you have any questions about the Terms, please contact us at info@hayflickpartners.com.