BY PLACING AN ORDER THROUGH THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER FROM THIS SITE. THESE TERMS GOVERNS AND APPLY TO YOUR ACCESS TO AND USE OF THIS WEB SITE AND ITS RELATED DOMAINS ON WHICH THIS DOCUMENT APPEARS, ANY ORDER YOU PLACE THROUGH THIS WEB SITE AND WEB SITES ON WHICH THE DOCUMENTS APPEARS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS.
Breeze Skin Care ("Product") is sold by Breeze Skin Care. All references herein to "we," "us," or "our" refers to Breeze Skin Care.
You and Breeze Skin Care agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us relating to our web site, the services provided through our web site, any transaction or relationship between us resulting from your use of our web site, communications between us, or the purchase, order, or use of Breeze Skin Care services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and Breeze Skin Care further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, Breeze Skin Care will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Breeze Skin Care in writing and provided a copy of the arbitration proceedings. However, if Breeze Skin Care is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Breeze Skin Care, including the filing fee.
Class Action Waiver
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Breeze Skin Care and may not preside over any kind of representative or class proceeding against Breeze Skin Care. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Breeze Skin Care IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
The fourteen (14) day trial offer for Product for $4.94 includes enrollment in our recurring shipping program, which is subject to the terms described below.
The fourteen (14) day trial period starts two (2) days after the date that you place your order. This two (2) day period allows for transit time, which may take an estimated two (2) to five (5) business days. However, we do not guarantee arrival dates or time. When you place your order, we will charge the nonrefundable subscription fee, for shipping and handling, of $69.99 USD to the card you provide at checkout. The top of the order receipt enclosed with your shipment will state the end of the trial period.
You must contact customer service at least one (1) business day before the end of the fourteen (14) day trial period to cancel and make arrangements to return the trial supply to avoid paying for the trial supply and continuing in our recurring shipping program. See customer service contact information below. If you do not contact customer service to cancel at least one (1) business day before the end of the fourteen (14) day trial period, we will charge $69.99 USD, which includes shipping and handling, the day after the trial period ends to the card you provided at checkout and you will continue with the recurring shipping program. Approximately every thirty (30) days after the trial period ("Subscription Term"), we will automatically charge $69.99 USD to the same card you provided when you signed up for the trial offer. Please note that we calculate the fourteen (14) day trial period and Subscription Term in calendar days (Monday thru Sunday), not business days.
Recurring Shipping Program
Unless you cancel at least one (1) business day before the end of the trial period or Subscription Term, our recurring shipping program will ship you a fresh thirty (30) day supply after the end of the thirty days of initial order. You may cancel your enrollment in the recurring shipping program at least one (1) business day before the expiration of the trial period or Subscription Term by contacting customer service at 866-625-4478.
Return and Refund Policy
Before End of Trial Period
To cancel your account and void the $69.99 USD charge for the trial supply, you must contact customer service and obtain instructions to return your trial supply at least one (1) business day before the end of the fourteen (14) day trial period. Our customer service will issue you a Return Merchandise Authorization ("RMA") number. You must write the RMA number clearly on the outside of your return package and send the return shipment to the following address:
Address the return package to:
Breeze Skin Care
PO Box 35530
St. Petersburg, FL 33705
RMA #You are responsible for paying all costs related to shipping the trial supply back to us using the RMA number.
Your return package must be received by use at the return address specified below within 10 days after you receive the RMA number. If we do not receive your return package within that time period, you will be charged $69.99 USD for the cost of the Product, but you will be canceled from our recurring shipping program.
Please note that we do not accept or process packages marked "Return to Sender" or that do not otherwise have the RMA number marked clearly on it, and there is a $9.95 USD non refundable restocking/termination fee of your returned product.
After Trial Period
We do not accept returns or provide refunds for any shipments made after the trial shipment. You can contact our customer service department at least one (1) business day before the end of each Subscription Term to cancel your enrollment in the recurring shipping program and avoid further charges.
To cancel and avoid further charges for the trial shipment and/or to cancel enrollment in the auto delivery program, contact our customer service department by phone at 866-625-4478 or by email at [email protected]
Limitation of Liability
By placing a trial order, or participating in the recurring shipping program, you agree that we and our owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, any failure or delay by us in connection with the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, the performance or non-performance of the web site, the trial offer, the recurring shipping program, even if we have been advised of the possibility of damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your information. Notwithstanding this disclaimer, if we are found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then our liability will in no event exceed, in total, the sum of $100.00 USD.
Any statements on this site or any materials or supplements distributed or sold by Breeze Skin Care has not been evaluated by the Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
The information on the web site is intended solely as a general educational aid. It's not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always see the advice of your physician or other qualified healthcare provider regarding any medical condition before using the Product.
Disclaimer of Warranties With Respect to Use of Web Site
We make no warranty of any kind regarding the web site, the trial offer, the recurring shipping program, or any product or service available on this web site, each of which is provided on an "as is" and "as available" basis. We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We are not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the web site, the trial offer, the recurring shipping program, or any product or service offered on this web site, including without limitation that they will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to them. Some states do not allow the limitation of liability and disclaimer of implied warranties, so the disclaimers and limitations above may not apply to you.
Modification or Suspension of Web Site
You agree that Breeze Skin Care, in its sole and absolute discretion, may make, and at any time, modify, alter, discontinue, or suspend its operation of this web site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Breeze Skin Care will not be liable for the consequences of doing so.
This web site is not intended for adults only and not for anyone less than 18 years of age.
Ownership and Protection of Intellectual Property
The web site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Breeze Skin Care, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit to use the web site and order Product 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 our web site, except to store copies of such materials in RAM incidental to your accessing and viewing those materials or store files that are automatically cached by your Web browser for display enhancement purposes.
The company and any product names, such as Breeze Skin Care, and all related names, logos, products and service names, design and slogans are trademarks of Breeze Skin Care or its affiliates or licensors. You must not use such marks without the prior written permission of Breeze Skin Care. All other names, logos, product and services names, designs and slogans on this web site are the trademarks of their respective owners.
You agree to defend, indemnify and hold harmless Breeze Skin Care, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Product, including, but not limited to any use of the web site's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the web site.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE ASSERTED IN AN ARBITRATION PURSUANT TO THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms make up the entire agreement between us and you relating to the this web site and the products or services offered herein and replace any prior understandings or agreements (whether oral or written) regarding the web site the products or services. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Email: [email protected]
Toll Free Customer Service phone: 866-625-4478
Breeze Skin Care is manufactured in a GMP certified laboratory in the US.
The standard ground mail service is shipped via United States Postal Service First Class Mail. With our Expedited Shipping Option, we will make your shipment our priority and ship these packages out the same day for all orders placed before 1PM Pacific Standard Time and the next day for all orders placed after 1PM Pacific Standard Time (packages will arrive within 3-5 business days). Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between Breeze Skin Care ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the Breeze Skin Care web site ("Web Site") and the services we offer on the Web Site ("Services"), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site.
(a) 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 Breeze Skin Care wherein you, the consumer purchase one of the products found on the Web Site.
(b) 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 Web Site.
(c) 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 from 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.
(d) Prohibited Conduct. In your use of the Web Site and the Services, you may not:
(i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Breeze Skin Care name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website;
(x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS.
(e) Other Users. If you become aware of any conduct that violates this TOS, We encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.
2. Your Content.
(a) 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.
(b) 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 of 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 Web Site.
4. Sales Tax.
If you purchase any products available on the Web Site ("Products"), you will be responsible for paying any applicable sales tax indicated on the Web Site.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in 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.
(a) 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.
(b) Trademarks. Breeze Skin Care is a trade name we own. 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.
Breeze Skin Care 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.
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.
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.
a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
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 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 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.
15. 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.
16. 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.
17. Modification of Terms of Service.
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.
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.
20. 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 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 un-enforceability 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.
Toll Free Customer Service phone: 866-625-4478
Phone Hours: M-F 9:00am to 6:00pm (Pacific Time)
Email: [email protected]
Call us at: 866-625-4478