IMPORTANT
– PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING,
USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 14 and 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THIS
AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE
YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE
IN A CLASS ACTION. ARBITRATION IS
MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED
BELOW IN SECTION
16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION
PROVISIONS IN SECTION
16 BELOW WHICH DESCRIBES YOUR RIGHT TO
OPT-OUT.
You
can review the most current version of the Terms at
(https://order.x-all.com/xps/page-terms.php). We reserve the right to update, change, or
replace any part of these Terms by posting updates and/or changes to our Website. It is your
responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE
FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE
CHANGES.
TABLE OF CONTENTS
2. PRIVACY & SECURITY
DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER
CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY,
COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
8. ORDER PLACEMENT AND ACCEPTANCE
12. STANDARD RETURNS AND REFUNDS POLICY
16. Dispute
Resolution by Mandatory Binding Arbitration and Class Action Waiver
18. THIRD-PARTY WEBSITES AND LINKS
19. TESTIMONIALS, REVIEWS, AND OTHER
SUBMISSIONS
20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
27. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
By using
the Website and agreeing to these Terms, you represent that you are at least
the age of majority in your state or province of residence. If you use the Website, you affirm that you
have the legal capacity to enter into a binding
contract with us, have read this Agreement, and understand and agree to its
terms.
2. PRIVACY & SECURITY DISCLOSURE
Our
privacy policy may be viewed at https://order.x-all.com/xps/page-privacy.php. The Privacy Policy is incorporated into these
Terms by reference and constitutes a part of these Terms. Company
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT
RESTRICTIONS
All aspects of our Website
are protected by U.S. and international copyright, trademark, and other
intellectual property laws. You do not
acquire any ownership or other rights by downloading or using the Website or
any material on it.
You agree not to use or attempt to use
the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful
act or attempt to commit any unlawful act on or through the Website including,
but not limited to: (1) hacking and other digital or physical attacks on the
Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any
other unlawful act.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You
further agree that any products or services you purchase Companyon
or through the Website will be used for your personal, non-commercial use. You agree that you will not resell,
redistribute, modify, or export any product that you order from the Website.
5.
NO MEDICAL
ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The
material on the Website is provided for general informational purposes only and
is not intended as medical advice or as a substitute for the medical advice of
a physician. The statements made on this
Website have not been evaluated by the Food and Drug Administration. You should consult your physician before using
any information provided by Company.
While
we endeavor to provide accurate and current information on our Website, there may be information on our Website that
contains typographical errors, inaccuracies, or omissions related 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 on the Website or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
This
Website may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of
this Website at any time, but we have no obligation to update any information
on our Website. You agree that it is your responsibility to
monitor changes to our Website.
Company
does not make any guarantee that you will accomplish your health and/or
wellness goals. Your results may vary
depending upon a variety of factors unique to you, such as your age, health,
and genetics.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We
reserve the right to modify or discontinue access to the Website (or any part
or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of access to the Website. Certain products or services may be available
exclusively online through the Website.
These products or services may have limited quantities and are subject
to return or exchange only according to our Shipping and Returns Policies
located at https://order.x-all.com/xps/return-policy.php.
All
descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion.
Any offer for any product or service made on this Website is void where
prohibited.
All
charges are in U.S. Dollars.
By
submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account;
(ii) all payment information provided is complete and accurate; (iii) you will
be responsible for any payment card fees; and (iv) that sufficient funds exist
to pay us the amount(s) due.
We
and our third-party payment service providers may request, and we may receive,
updated credit card information from your credit card issuer, such as updated
card numbers and expiration date information when your credit card has expired.
If such updated information is provided
to us and our third-party payment service providers, we will update your
account information accordingly. Your
credit card issuer may give you the right to opt-out of providing vendors and
third-party payment service providers with your updated credit card
information. If you wish to opt-out of
your credit card’s updating service, you should contact your credit card
issuer.
We
are not responsible for any fees or charges that your bank or credit card
issuer may apply. If your bank or credit
card issuer reverses a charge to your credit card, we may bill you directly and
seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your
electronic order confirmation, or any form of confirmation, does not signify
our acceptance of your order. We reserve
the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will
receive a refund to your original form of payment. You understand and agree that we will not be
liable for any losses or damages that may result from our refusal to provide
you any product or service. We reserve
the right to require additional information before processing any order.
Company
ships to addresses located in the United States and internationally. Please
visit our Shipping Policy at url
https://order.x-all.com/xps/return-policy.php for additional information regarding order processing, order
handling, shipping times, and commercial couriers used by Company. Domestic orders
generally ship within 24-48
business hours of the time of placement. Orders typically arrive within 5-10 days of shipment.
Accurate
shipping address and phone number are required. We are not responsible for late
shipments/missing shipments if you enter incorrect shipping address
information. If you discover that you
have made a mistake with your order after it has been submitted, please contact
Customer Support immediately by phone (+1 833-258-8167or
email ([email protected]). You must contact us as soon as possible in order to modify or cancel your pending order. However, we cannot guarantee that we will be
able to amend your order in accordance with your instructions.
Because
many instances may occur at your delivery address that are beyond our control,
you agree that any delivery confirmation provided by the carrier is deemed
sufficient proof of delivery to the cardholder, even without a signature.
Company
offers a Money-Back Guarantee on certain purchases within thirty (30) days
from the date that you placed your order for a full refund according to the
following terms. The Money-Back
guarantee is only valid on products purchased directly from x-all.com. Purchases
that do not qualify for Company’s Money-Back Guarantee are subject to our
Standard Return and Refund Policy. If you claim a refund during the first thirty
(30) days and later decide that you want to repurchase another product,
you will no longer be able to take advantage of this Money-Back Guarantee. Please
email info@x-all to request a refund.
Company
will refund the entire purchase price for all approved refunds. Refunds will be
issued to the same credit card or method of payment that was used to order the
product.
12. STANDARD RETURN AND REFUND
Policy
Company
wants you to be beyond satisfied with your experience with us
so we have made returning or exchanging products easy. If you are dissatisfied with our product, or
if it arrives damaged, you may return or exchange unused products up to 30 days
from the date that you placed your order for a full refund, less shipping
costs, according to the following terms.
To
obtain a refund, you must return any
damaged or unused portion of your order, your return must be approved, and the
return must be received within 30 days of the date that you placed your order.
Return shipping costs will be deducted from the amount refunded. You will not be refunded the cost to ship the
products to you.
The
following terms apply for all returned items:
·
To
initiate a refund or exchange, email us at info@x-all or call +1 833-258-8167. You will be given a Return Merchandise
Authorization (RMA) number and details for shipping.
·
We
cannot process or refund packages marked “Return to Sender.”
·
Refunds
will be issued to the same credit card or method of payment that was charged
when ordering the product.
·
Send
returns to the address provided along with your RMA number. The RMA number must be clearly written on the
package that you are sending back. Our
shipping department is NOT allowed to accept any packages without an RMA
number.
Returned
products must be sent to the following address:
Company
Attn: Returns
RMA
#
Address
Address
We
are not responsible for lost or stolen items. We recommend sending all returned items using
some type of delivery confirmation system to ensure proper delivery.
After
the shipping department receives your return, it generally takes 5-10 business
days to process your refund. Once a
return is processed, it may take up to 30 days for the return to be posted to
your account, depending on your financial institution.
This section applies to
everyone who interacts with our social media presence, including comment
sections, feeds, and other elements of social media presence viewable on
Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of
the many other available external third-party social media platforms we may use
(“Social Media Presence”).
The sites and platforms that host our Social
Media Presence are not controlled by us and therefore have their own privacy
policies and terms of use. The comments
and opinions expressed by users on social media are theirs alone and do not
reflect the opinions of Company, and we have no obligation to monitor or remove
user comments. If you see an offensive
or inappropriate post or comment on our Social Media Presence, you should
report it to the operator of the applicable site or platform using the
procedures they have established for that purpose.
EXCEPT WHERE PROHIBITED BY LAW, THIS
WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE
MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS
TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY
AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE PROHIBITED BY LAW, IN NO
EVENT SHALL Company OR ANY OF ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR
AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR
A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS
OF WHETHER COMPANY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES,
COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT
LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH
DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY,
OR OTHERWISE. IF, NOTWITHSTANDING THE
LIMITATIONS OF LIABILITY SET FORTH ABOVE, Company
IS FOUND LIABLE UNDER ANY THEORY, Company’S
LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR
ALL CLAIMS, REGARDLESS OF WHETHER Company
WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH
CLAIMS. SOME STATES DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Dispute Resolution by Mandatory Binding Arbitration
and Class Action Waiver
PLEASE READ THIS ARBITRATION AND CLASS
ACTION WAIVER PROVISION CAREFULLY. IT
REQUIRES YOU TO ARBITRATE DISPUTES WITH Company
ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU
AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH
FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING
THE RIGHT TO A TRIAL BY JURY. THE RIGHTS
THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO
APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN
YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE
ATTORNEY GENERAL. YOU FURTHER AGREE THAT
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE
OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN
INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE
AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST
FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a.
General
Arbitration is a manner of resolving a
“Claim” without filing a lawsuit. “Claim” means any dispute between you, Company,
or any involved third-party relating to your account, your use of the Website,
your relationship with Company, these Terms, or the Privacy Policy. This includes any and all
claims that relate in any way to your use or attempted use of the products, and
any act or omission by Company or any third-party related to your use or
attempted use of the products, and any communications from Company or any third
party on Company’s behalf. You, Company,
or any involved third-party may pursue a Claim. Company agrees to final and binding confidential
arbitration should it have any Claims against you. Likewise, you agree to final and binding
confidential arbitration should you have any Claims against Company. By agreeing to arbitrate, you waive the right
to go to court and agree instead to submit any Claims to final and binding
confidential arbitration. You further
agree that all claims must be arbitrated on an individual basis and not on a
class basis, only individual relief is available, and that claims of more than
one customer cannot be arbitrated or consolidated with those of any other
customer. This arbitration provision
sets forth the terms and conditions of our agreement to final and binding
confidential arbitration and is governed by and enforceable under the Federal
Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding anything to the contrary
herein, (a) a representative action for public injunctive relief pursuant to
California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.),
Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or
False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be
arbitrated on a class basis, (b) in the event that the
foregoing clause is deemed invalid or unenforceable, a representative action
for public injunctive relief pursuant to California’s Consumer Legal Remedies
Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. &
Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof.
Code § 17500 et seq.) may be brought in the state or federal courts located in CA
on a class basis, and (c) any claims other than for public injunctive relief
must be arbitrated on an individual, non-class basis as otherwise set forth in
this section.
b.
Exceptions
Notwithstanding the foregoing, and as an
exception to final and binding confidential arbitration, you
and Company both retain the right to pursue, in small claims court, any claim
that is within that court’s jurisdiction and proceeds on an individual (non-class)
basis, including overdue account matters within the small claims court’s
jurisdiction. Company will not demand
arbitration in connection with any individual claim that you properly file and
pursue in a small claims court, so long as the claim is and remains pending in
that court.
The following claims shall not be
subject to final and binding arbitration and must be adjudicated only in the
state or federal courts located in CA: (i) an action
by Company relating to the infringement or validity of our proprietary rights,
including without limitation, trademarks, service marks, trade dress,
copyrights, trade secrets, or patents; or (ii) an action by Company for
temporary, preliminary, or permanent injunctive relief, whether prohibitive or
mandatory, or other provisional relief, against you for breach or threatened
breach of this Agreement. You expressly
agree to refrain from bringing or joining any claims that are excluded from
final and binding arbitration pursuant to this subsection “b” in any representative
or class-wide capacity, including but not limited to bringing or joining any
claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small
claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and
binding arbitration by this subsection “b,” the parties
consent to exclusive jurisdiction and venue in the state and federal courts
located in CA, and forever waive any challenge to said courts’ jurisdiction and
venue.
c.
Required Pre-Dispute Procedures
Before initiating any Claim against the
other, you and we agree to first contact the other with a written description
of the dispute, which shall include all relevant documents and information, and
the proposed resolution. You may send
the written description of any dispute you have with us by certified mail to Company,
Attn: Legal Department, 2400 Kettner Blvd #238 San
Diego, CA 92101. Company will contact
you by letter at the billing address you provided to us or at the email address
you provided to us. You agree to
negotiate with Company or its designated representative in good faith about
your problem or dispute. If for some
reason the dispute is not resolved within 60 days after receipt of the written
dispute, we agree to the dispute resolution provisions herein.
d.
Commencing Arbitration
You and Company agree to commence any
arbitration proceeding within one (1) year after the Claim arises (the one-year
period includes the required pre-dispute procedures set forth above) and that
any arbitration proceeding commenced after one (1) year shall be forever barred.
e.
Arbitration Location
If the amount in controversy is $500 or
less, then the arbitration may be conducted by telephone or by written
submissions. Otherwise, the arbitration
shall be conducted in CA unless Company otherwise agrees to arbitrate in another
forum requested by you.
f.
Organization, Rules
and the Arbitrator
We each agree that any
and all Claims other than those exempted under subsection “b” above
shall be submitted to final and binding confidential arbitration before a
single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration
process by submitting a written demand for arbitration with the AAA, and
providing a copy to the other party, within the time period
set forth in subsection “d” above. The
arbitrator shall be selected by agreement of the parties or, if the parties
cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration
Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org
or by calling 1-800-778-7879. The
arbitrator shall have the exclusive and sole authority to resolve any dispute
relating to the interpretation, construction, validity, applicability, or
enforceability of these Terms, the Privacy Policy, and this arbitration
provision. The arbitrator shall have the
exclusive and sole authority to determine whether any dispute or Claim is
arbitrable. The arbitrator shall have
the exclusive and sole authority to determine whether this arbitration
agreement can be enforced against a non-signatory to this agreement and whether
a non-signatory to this agreement can enforce this provision against you or Company.
g.
Fees
Payment of all filing, administration
and arbitrator fees will be governed by the AAA’s Rules.
h.
Governing Law and Award
The arbitrator shall follow the
substantive law of the State of California without regard to its conflicts of
laws principles. Any award rendered
shall include a confidential written opinion and shall be final, subject to
appeal under the FAA. Judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
i.
Enforceability
This provision survives termination of
your account or relationship with Company, bankruptcy, assignment, or transfer.
If the class action waiver is deemed
unenforceable (i.e., unenforceability would allow arbitration to proceed as a
class or representative action), then this entire arbitration provision shall
be rendered null and void and shall not apply. If a portion of this arbitration provision
(other than the class action waiver) is deemed unenforceable, the remaining
portions of this arbitration provision shall remain in full force and effect.
j.
Miscellaneous
Failure or any delay in enforcing this
arbitration provision in connection with any particular Claim will not
constitute a waiver of any rights to require arbitration at a later time or in
connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration
agreement between you and Company and shall not be modified except in writing
by Company.
k.
Amendments
Company reserves the right to amend this
arbitration provision at any time. Your
continued use of the Website, purchase of a product on or through the Website,
or use or attempted use of a Company product, constitutes your consent to such
changes. Company.
YOU UNDERSTAND AND AGREE TO HAVE ANY
CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION. YOU HAVE THE RIGHT TO
OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE
THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE
WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT Company, ATTN: LEGAL DEPARTMENT, 200 Continental Drive, Suite 401, Newark, DE 19713. FOR YOUR OPT-OUT TO
BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT
YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU
FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU
ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM
THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the
fullest extent permitted by law, you agree to indemnify, defend, and hold
harmless Company, its parent, subsidiaries, predecessors, successors and
affiliates, and their respective partners, officers, directors, agents,
representatives, contractors, licensors, service providers, subcontractors,
suppliers, interns, and employees, from and against any and all claims,
actions, losses, liabilities, damages, expenses, demands and costs of any kind,
including, but not limited to, reasonable attorneys’ fees, arising out of,
resulting from, or in any way connected with or related to (1) your breach of
these Terms, the documents they incorporate by reference, or the Agreement; (2)
your breach of any representations or warranties in this Agreement; or (3) your
violation of any law or the rights of a third-party.
18.
THIRD-PARTY
WEBSITES AND LINKS
Our Website may include materials from third-parties or links to
third-party websites. We are not liable
for any third-party materials or 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
applicable third-party.
19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Anything
that you submit or post to the Website and/or provide us, including without
limitation, photographs, testimonials, ideas, know-how, techniques, questions,
reviews, comments, testimonials, and suggestions (collectively, “Submissions”)
is and will be treated as non-confidential and nonproprietary, and we shall
have the right to use, copy, distribute, display, publish, perform, sell,
lease, transmit, adapt, and create derivative works from such Submissions by
any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. You represent and warrant that you are the
owner or have sufficient rights to share the Submissions with us. Submissions
represent the unique experience of the submitting customers, and do not
necessarily reflect the experience that you may have using our products. As noted in Section 5 above, your results will
vary depending upon a variety of factors unique to you, such as your age,
health, and genetics.
Company
reserves the right to correct grammatical and typing errors, to shorten
testimonials prior to publication or use, and to review all testimonials prior
to publication or use. Company shall be
under no obligation to use any, or any part of, any testimonial or product
review submitted.
20.
DIGITAL
MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact
information provided below, including an email address, for notifications of
claimed infringement regarding materials posted to this Website. All notices should be addressed to the following
contact person:
Notification of Claimed Infringement:
Company
Attn: DMCA/Copyright Agent
Address:
2400 Kettner Blvd
Address:
#238
Email:
[email protected]
You may contact our agent for notice of
claimed infringement specified above with complaints regarding allegedly
infringing posted material and we will investigate those complaints. If the posted material is believed in good
faith by us to violate any applicable law, we will remove or disable access to
any such material, and we will notify the posting party that the material has
been blocked or removed.
In notifying us of alleged copyright
infringement, the Digital Millennium Copyright Act requires that you include
the following information: (i) description of the
copyrighted work that is the subject of claimed infringement; (ii) description
of the infringing material and information sufficient to permit us to locate
the alleged material; (iii) contact information for you, including your
address, telephone number and/or email address; (iv) a statement by you that
you have a good faith belief that the material in the manner complained of is
not authorized by the copyright owner, or its agent, or by the operation of any
law; (v) a statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the authority to
enforce the copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to act on
the copyright owner’s behalf. Failure to
include all of the above-listed information may result
in the delay of the processing of your complaint.
21. ELECTRONIC COMMUNICATIONS
You agree that we may communicate
electronically with you and that such communications, as well as notices,
disclosures, agreements, and other communications that we provide to you
electronically, are equivalent to communications in writing and shall have the
same force and effect as if they were in writing and signed by the party
sending the communication.
You may not assign any of your rights
under these Terms, and any such attempt will be null and void. Company and its affiliates may, in their
individual discretion, transfer, without further consent or notification, all
contractual rights and obligations pursuant to these Terms if some or all of Company’s
business is transferred to another entity by way of merger, sale of its assets
or otherwise.
No waiver by 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 by Company to assert a right or provision under these Terms
shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms 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. Such determination shall not affect the
validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections
2-5, 13-17, 19-25, 27, as well as any representations, warranties, and other
obligations made or taken by you, shall survive the termination of this
Agreement.
These Terms, the Agreement, and any
policies or operating rules posted by us on the Website or in respect to the
Website constitute the entire agreement and understanding between you and Company, and supersedes and replaces any prior or
contemporaneous agreements. Any
ambiguities in the interpretation of these Terms or the Agreement shall not be
construed against the drafting party.
27.
QUESTIONS OR ADDITIONAL INFORMATION
If you purchased a product or service
through the Website, please contact Customer Support by phone or email.
[email protected]
+1 833-258-8167
