Terms of Use

1. Using the Web Site and Ordering Products

Eligibility

Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with us wherein you, the consumer, purchase one of the products found on the Web Site. Membership is limited only to those that are 18 years of age or older. You understand that it is your responsibility to abide by local laws and regulations.

Compliance

You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations, and rules when you use the Website.

License and Restrictions

Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.

Prohibited Conduct

Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with us wherein you, the consumer, purchase one of the products found on the Web Site. Membership is limited only to those that are 18 years of age or older. You understand that it is your responsibility to abide by local laws and regulations.

Other Users

If you become aware of any conduct that violates this TOS, we encourage you to contact us. We reserve the right, but will have no obligation, to respond to such communications.

2. Your Content

License

By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

Objectionable Content

We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (including, without limitation, because it violates this TOS).

3. Accuracy Information

We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotions, product descriptions, or specifications, or other information on the Website.

4. Taxes

New York residents may be required by the State of New York to pay additional taxes and fees due as a result of your purchase of any products from us. If you purchase any products available on the Web Site (“Products”), you will be responsible for paying any applicable taxes as a result of your purchase.

5. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, at our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

6. Intellectual Property Rights

Copyright

All materials on the Web Site, including, without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof, are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.

Trademarks

The related design marks, and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.

7. Third-Party Websites

The Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

8. Linking and Framing

You may not deep link to portions of the Web Site or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.

9. Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Web Site will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title, and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

10. Indemnification

You agree to defend, indemnify, and hold the Web Site, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims, or demands, including reasonable attorneys’ fees, costs, and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another, or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.

11. Disclaimers, Exclusions, and Limitations

Disclaimer of Warranties

We provide the Web Site, the products, and services on an “as is” and “as available” basis. We do not represent or warrant that the products, the Web Site, the services, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies, or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use. We make no warranties other than those made expressly in this TOS, and hereby disclaim any and all implied warranties, including, without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.

Disclaimer of Forward-Looking Statements

This Web Site may contain forward-looking statements that reflect our current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control.

Health-Related Information

We provide information on the Web Site for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Web Site for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.

Products

All products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

Exclusion of Damages

We will not be liable to you or any third party for any consequential, incidental, indirect, punitive, or special damages (including, without limitation, damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to, or connected with the use of the Web Site or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.

Limitation of Liability

In no event will our aggregate liability arising from, relating to, or in connection with this TOS (including, without limitation, claims relating to the Web Site, or the products) exceed the greater of $100 or the amount that you paid for the products.

12. Force Majeure

You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure event, the Website will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of the Website. The Website shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this Agreement to the extent that such failure is as a result of a force majeure event.

13. Domestic Use

Export Restriction. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.

14. Arbitration

All disputes arising out of or relating to this TOS (including its formation, performance, or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in New York before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Waiver of Class Action Rights

BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.

15. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

16. Modification of Terms of Service

We reserve the right to change or modify these Terms of Use at any time, and your continued use of this site will be conditioned upon the Terms of Use in force at the time of your use. You can always check the most current version of the Terms of Use at this page.

17. Termination

We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site, and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us, or if you have the right to access or use the Web Site.

18. Integration

This TOS contains the entire understanding between you and us regarding the use of the Web Site and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.

19. Additional Terms

This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without regard for conflict of law principles. This TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power, or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.