Last updated: January 2025
The website located at https://creator.physicianschoice.com and all subpages (the "Website") is operated by CreatorHub ("CreatorHub," "we," "us," and "our"). By accessing or using the Website, using our creator platform services, or participating in our creator programs (collectively, our "Services"), you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by the following terms and conditions (these "Terms and Conditions" or "Terms"), which include an ARBITRATION PROVISION AND CLASS ACTION WAIVER and include and incorporate any additional policies referenced herein, including but not limited to our Privacy Policy and our Accessibility Statement.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THE TERMS AND CONDITIONS ARE A BINDING CONTRACT BETWEEN YOU AND US AND, THUS, AFFECT YOUR RIGHTS. By using the Services, you agree to read, comply with, and be legally bound by these Terms and Conditions and the CreatorHub Privacy Policy available at https://creator.physicianschoice.com/privacy (the "Privacy Policy"). If you do not agree to these Terms and our Privacy Policy, you may not access the Website or use our Services.
ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT: These Terms contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with Section 16. CAREFULLY REVIEW SECTION 16 BELOW ENTITLED "ARBITRATION PROVISION AND CLASS ACTION WAIVER" BEFORE YOU AGREE TO THESE TERMS OR USE OUR WEBSITES OR SERVICES.
The Services are offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
You represent that you are at least the age of majority in your state or province of residence, and you agree that you shall not: (a) use any products available on or through the Website (i) for any illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction (including but not limited to copyright laws); (c) use the Website in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the Website; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the Website; or (f) transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.
We reserve the right at any time to modify or discontinue the Website, the Services (or any part or content thereof), and our products (including prices) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services or any products.
CreatorHub or its licensors exclusively own all right, title, and interest in and to this Website and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, "CreatorHub Intellectual Property"). Except as expressly provided in these Terms, you shall have no right, license, or authorization to any of the CreatorHub Intellectual Property. CreatorHub is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the CreatorHub Intellectual Property. ANY UNAUTHORIZED USE OF THE CREATORHUB INTELLECTUAL PROPERTY, WHETHER OWNED BY US OR OTHER PARTIES, MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY AND PUBLICITY LAWS, AND COMMUNICATIONS REGULATIONS AND STATUTES, AND IS EXPRESSLY PROHIBITED. Trademarks owned by third parties are the property of those respective third parties.
To use certain features of the Website, you might be required to register for an account ("Account") and provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and will update such information in the event of changes; and (c) your use of the Website does not violate any applicable law, regulation, or these Terms.
You are responsible for maintaining the confidentiality of your Account login information. You are responsible for all activities that are associated with your Account (including, but not limited to, any purchases, use of the Website, or communications from your Account, and purchases made from your Account). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.
Certain products or services may be available for purchase through the Website. We have made every effort to display as accurately as possible the colors and images of our products that appear on the store/site, but we cannot guarantee that such images are accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this Website is void where prohibited.
When you order products through the Website, you may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address. By purchasing a product, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase. You agree to provide current, complete, and accurate purchase and Account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
When you make a purchase, you are solely responsible for providing us with accurate shipping information and a valid phone number or email address. If any product is returned to us as a result of your failure to provide us with accurate shipping information, we are under no obligation to re-send the product to you, and you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the product to you.
All sales are final. We do not offer refunds or returns for digital products, services, or commission payments. In the event of a technical error or system malfunction that results in incorrect charges, we will investigate and resolve the issue at our sole discretion. If you believe there has been an error with your account or payment, please contact us at support@physicianschoice.com within 30 days of the transaction.
CreatorHub may offer subscription services for premium features and enhanced creator tools. Subscription fees are billed in advance on a monthly or annual basis. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period. No refunds will be provided for unused subscription time.
We reserve the right to modify subscription pricing and features with 30 days' notice. Continued use of the subscription service after such changes constitutes acceptance of the new terms.
We may provide you with access to third-party tools over 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 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).
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall CreatorHub, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold harmless CreatorHub and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing our customer service team at support@physicianschoice.com. In the unlikely event that our customer service team is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by entering into these Terms, you and CreatorHub are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Arbitration Agreement: (1) CreatorHub and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); and claims that may arise after the termination of this Agreement. References to "CreatorHub," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and CreatorHub are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Arbitration Procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. A form for initiating arbitration proceedings is available on the AAA's website (see "Demand for Arbitration, Consumer Arbitration Rules", under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form).
You and CreatorHub will each bear their own costs and attorneys' fees in the event of a dispute, unless otherwise required by AAA rules, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms. Nothing in this section is intended to limit the relief available to either you as an individual or CreatorHub in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of these limitations on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in California.
You shall have thirty (30) days from the earliest of the date that you visit the Website, make a purchase, or submit information through the Website to opt out of this arbitration provision and class action waiver, by contacting us by email at support@physicianschoice.com. If you do not opt out by the earliest of the date that you visit the Website, make a purchase, or submit information through the Website, then you are not eligible to opt out.
We reserve the right, in our sole discretion, to change or modify these Terms at any time. Changes or modifications shall become effective immediately upon posting. If we make any changes to these Terms, we will change the "Last Updated" date below. Please review these Terms periodically. Your use of the Website and/or Services will be governed by the Terms in place on the date you access the Services. If at any time you find the Terms unacceptable, you must immediately cease accessing or using the Services.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
CreatorHub offers various mobile messaging services (collectively, the "Mobile Program"). For example, you may receive notifications for new campaigns, commission updates, or other requested information via SMS. By signing up for the Mobile Program, you provided your prior express written consent to receive from CreatorHub and its contractors marketing text messages made using an automatic telephone dialing system and/or an automated system for the selection or dialing of telephone numbers to any mobile or residential phone numbers you provide to CreatorHub as part of your enrollment in the Mobile Program. You also understand that consent is not required to make a purchase and that you may revoke your consent at any time.
By signing up for the Mobile Program, you also warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to CreatorHub, or you have the express permission of the account holder to provide such numbers. You must be 18 or older to participate in the Mobile Program. Message and data rates may apply. You, not CreatorHub, will be solely responsible for any carrier charges because of text messages associated with the Mobile Program.
If you require assistance with the Mobile Program, you may email us at support@physicianschoice.com. When emailing for support, please be sure to include your mobile number and a detailed description of your question or support issue.
To cancel your participation in the Mobile Program and stop receiving marketing text messages from CreatorHub, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any CreatorHub text at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that CreatorHub may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to CreatorHub that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from CreatorHub. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to CreatorHub in order to stop future messages from being sent to that number.
CreatorHub is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.
CreatorHub reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
If you have any questions about these Terms, please contact us via email to support@physicianschoice.com. You may reach us by mail to CreatorHub, Attention: Legal, 1234 Creator Street, San Francisco, CA 94105 USA.