Terms of service
Eleven Health LLC
Last updated: June 14, 2026
OVERVIEW
Welcome to Eleven! The terms “we”, “us” and “our” refer to Eleven Health LLC. Eleven operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Eleven is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. The Services, including all products, supplement programs, and Telehealth Services offered through the Services, are intended solely for use by adults aged 18 and older. Persons under the age of 18 are not permitted to use, access, or purchase through the Services under any circumstances, including with parental or guardian consent. If you become aware that a minor has accessed the Services or made a purchase, please contact us immediately at info@oureleven.com.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Eleven Health LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Eleven confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Eleven may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Notwithstanding the foregoing, orders or program enrollments that include Telehealth Services are subject to the additional terms in Section 8, including provider acceptance, clinical eligibility requirements, and the Telehealth Partner’s Terms of Service. Eleven Health LLC cannot guarantee acceptance or fulfillment of any Telehealth or prescription-related order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 – SUPPLEMENT AND FDA DISCLAIMER
The dietary supplements and related products sold through the Services have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.This disclaimer applies solely to dietary supplement products sold through the Services and does not apply to any prescription medications that may be prescribed through the Telehealth Services described in Section 8, which are regulated pharmaceutical products subject to applicable federal and state law.
Eleven Health LLC makes no claims that any supplement product will produce specific health outcomes. Individual results may vary. The information provided on the Services regarding supplements, ingredients, and their potential benefits is for general informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
Always consult your physician, pharmacist, or other qualified healthcare provider before starting any new supplement regimen, especially if you are pregnant, nursing, have an existing medical condition, or are taking prescription medications. Do not disregard or delay seeking professional medical advice because of something you have read on the Services.
Supplement products are intended for use by adults 18 years of age or older unless otherwise indicated. Keep all supplement products out of reach of children.
SECTION 7 – MEDICAL DISCLAIMER
The content, information, tools, and resources available through the Services — including articles, blog posts, product descriptions, educational materials, and any other written or visual content — are provided for general informational purposes only. Nothing on the Services constitutes, or is intended to constitute, medical advice, diagnosis, treatment, or a patient-provider relationship.
Eleven Health LLC is not a medical provider. The Services do not replace consultation with a licensed physician or other qualified healthcare professional. You should not use information from the Services to self-diagnose or self-treat any health condition. If you have a medical emergency, call 911 or your local emergency services immediately.
Any testimonials, case studies, or user stories referenced on the Services represent individual experiences and are not typical results. They do not constitute a guarantee, warranty, or prediction of outcomes for any individual.
SECTION 8 – TELEHEALTH AND PRESCRIPTION SERVICES
IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL MEDICAL PROVIDER OR DIAL 9-1-1. TELEHEALTH SERVICES ARE INTENDED ONLY FOR SPECIFIC, NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS.
8.1 – Nature of Telehealth Services
Certain services available through the Services may include access to telehealth consultations and prescription medications facilitated through the Telehealth Providers (“Telehealth Providers”) and their affiliated medical groups and licensed healthcare providers (collectively, “Telehealth Services”). These Telehealth Services are provided exclusively by independent, licensed medical professionals and professional medical organizations by contract, and not by Eleven Health LLC.
Eleven Health LLC does not practice medicine, nursing, pharmacy, or any other licensed healthcare profession, and does not provide medical advice, diagnosis, or treatment of any kind. The availability of Telehealth Services through or in connection with the Services does not create a physician-patient relationship, or any other patient-provider relationship, between you and Eleven Health LLC.
8.2 – Your Relationship with Telehealth Providers and Services
When you access Telehealth Services through the Services, you are entering into a separate relationship with the Telehealth Providers and their affiliated medical groups and providers, which is governed exclusively by the Telehealth Providers’s Terms of Use, Privacy Policy, Notice of Privacy Practices, and Telehealth Consent (collectively, “Telehealth Provider Terms”). You are responsible for reading and agreeing to the such term before accessing any Telehealth Services. In the event of any conflict between these Terms and the Telehealth Proivder Terms with respect to Telehealth Services, the Telehealth Provider Terms shall govern.
All licensed providers who deliver Healthcare Services through Telehealth Providers are independent practitioners contracted or employed with affiliated medical groups. They are solely responsible for the healthcare services you receive. Eleven Health LLC does not control, direct, supervise, or interfere with the independent medical judgment of any provider, and is not responsible or liable for any advice, diagnosis, course of treatment, or other information provided by any provider or medical group.
8.3 – Prescriptions and Pharmacy Services
Prescription medications, where clinically appropriate, are prescribed solely at the independent professional discretion of licensed healthcare providers. Eleven Health LLC does not guarantee that a prescription will be issued following a telehealth consultation. Providers may prescribe both controlled and non-controlled substances in accordance with applicable federal and state law, including regulations of the Drug Enforcement Agency (“DEA”), where clinically appropriate.
Eleven Health LLC is not a pharmacy and does not control or operate any pharmacy services. Prescriptions, if issued, may be fulfilled through third-party partner pharmacies coordinated through Telehealth Providers. Your relationship with any pharmacy is separate from your relationship with Eleven Health LLC, and Eleven Health LLC is not responsible for pharmacy availability, drug fulfillment timelines, or the acts or omissions of any pharmacy or pharmacist.
8.4 – Geographic and Scope Limitations
Telehealth Services may not be available in all U.S. states or jurisdictions. All healthcare consultations are provided by providers licensed in the state where you, the patient, are located at the time of the consultation. It is your responsibility to confirm that Telehealth Services are legally available in your jurisdiction prior to use.
Telehealth Services are not appropriate for all medical conditions. Your provider may determine that your condition requires an in-person examination or cannot be appropriately addressed through telehealth. In such cases, you may be notified that the Telehealth Services cannot be used for your particular concern, and you agree to seek appropriate in-person care as directed.
8.5 – Protected Health Information
Your access to Telehealth Services may involve the collection, use, and disclosure of personal health information and protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state privacy laws. The collection and handling of such information in connection with Telehealth Services is governed by the Telehealth Providers’s Privacy Policy, not by Eleven Health LLC’s Privacy Policy. By accessing Telehealth Services, you acknowledge receipt of the Telehealth Partner’s Notice of Privacy Practices.
Eleven Health LLC's Privacy Policy governs only the personal information you provide directly to Eleven Health LLC in connection with the purchase of supplement products and your use of the Services unrelated to Telehealth. To the extent Eleven Health LLC receives protected health information (“PHI”) in connection with Telehealth Services facilitated through the Telehealth Providers, such information is handled in accordance with Eleven Health LLC's obligations as a HIPAA business associate and the Business Associate Agreement between Eleven Health LLC and the Telehealth Provider. The collection, use, and disclosure of your PHI by the Telehealth Provider, its affiliated medical groups, and its providers is governed by the Telehealth Provider's Privacy Policy and Notice of Privacy Practices.
8.6 – Fees and Refunds for Telehealth Services
Fees charged for Telehealth Services, including consultation fees, prescription fees, and any fees charged by medical groups, providers, or pharmacies, are governed by the Telehealth Provider’s payment terms and are separate from any fees charged by Eleven Health LLC for supplement products. Telehealth-related fees are generally non-refundable in accordance with the Telehealth Provider’s Terms of Use. Eleven Health LLC’s Refund Policy does not apply to Telehealth Services or prescription-related fees.
8.7 – Limitation of Eleven’s Liability for Telehealth
TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVEN HEALTH LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TELEHEALTH SERVICES, INCLUDING BUT NOT LIMITED TO ANY ACT OR OMISSION OF ANY PROVIDER, MEDICAL GROUP, PHARMACY, OR TELEHEALTH PROVIDER. YOUR SOLE RECOURSE FOR ANY CLAIM ARISING FROM TELEHEALTH SERVICES IS AGAINST THE APPLICABLE PROVIDER, MEDICAL GROUP, PHARMACY, OR THE TELEHEALTH PROVIDER IN ACCORDANCE WITH THEIR RESPECTIVE TERMS.
SECTION 9 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Eleven Health LLC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Eleven Health LLC, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Eleven Health LLC.
Eleven Health LLC’s names, logos, product and service names, designs, and slogans are trademarks of Eleven Health LLC or its affiliates or licensors. You must not use such trademarks without the prior written permission of Eleven Health LLC. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 10 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 11 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 12 – RELATIONSHIP WITH SHOPIFY & TELEHEALTH PROVIDERS
Eleven Health LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Eleven Health LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Eleven Health LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Eleven Health LLC.
Telehealth Services available through the Services are facilitated through licensed telehealth partners (collectively “Telehealth Partners”), as independent third parties. Any healthcare consultations, clinical decisions, prescriptions, or pharmacy fulfillment made in connection with your use of Telehealth Services occur directly between you, the Telehealth Partner, its affiliated medical groups, and its licensed providers. Eleven Health LLC is not responsible for any aspect of those services, including any injury, damage, or loss resulting from healthcare services, clinical decisions, or prescription fulfillment. You hereby expressly release Eleven Health LLC from all claims, damages, and liabilities arising from or related to your interactions with Telehealth Partners, their medical groups, its providers, and any affiliated pharmacies.
SECTION 13 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, certain personal information may be subject to Shopify's Privacy Policy, and personal health information provided in connection with Telehealth Services is subject to the Telehealth Provider’s Privacy Policy and Notice of Privacy Practices. By using the Services, you acknowledge that you have read the applicable privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
If you access Telehealth Services through the Services, personal information and protected health information you provide in connection with those services is subject to the Telehealth Providers' Privacy Policies. To the extent Eleven Health LLC receives protected health information in connection with Telehealth Services, such information is handled in accordance with our obligations as a HIPAA business associate as described in Section 8.5. By accessing Telehealth Services, you acknowledge that you have read and agreed to the Telehealth Partner's Privacy Policy and Notice of Privacy Practices.
SECTION 14 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 16 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Eleven Health LLC, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 17 – AGENTS
17.1
This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.
17.2
No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 17.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
17.3
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
17.4
Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 18 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 19 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY ELEVEN HEALTH LLC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 20 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ELEVEN HEALTH LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 21 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eleven Health LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 22 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 25 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Eleven Health LLC is headquartered. You and Eleven Health LLC consent to venue and personal jurisdiction in such courts.
SECTION 26 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 27 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@oureleven.com.
Eleven Health LLC
info@oureleven.com