Terms of Services
Updated as of September 9, 2020.
PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE CAREFULLY
BEFORE USING THIS WEBSITE OR PLACING AN ORDER ONLINE OR OVER THE
TELEPHONE WITH US. SPECIFCIALLY, WE DIRECT YOUR ATTENTION TO
SECTION 4 BELOW TITLED “DISPUTES/ARBITRATION” WHICH WILL GOVERN
HOW CERTAIN DISPUTES BETWEEN US WILL BE HANDLED, WHICH WILL IMPACT
YOUR ABILITY TO BRING AN ACTION IN COURT.
This website (the “Website”) is owned and operated by AquaTru, LLC
and its affiliates (collectively “Company”, “us”, “we” or “our”).
These Terms of Use and Conditions of Sale and any amendments or
supplements thereto, (collectively, the “Terms”) shall govern your
access to and use of the Website, any order you place through the
Website or by telephone (“Purchase”), and, as applicable, your use
or attempted use of our products and services.
Your use of the Website shall be deemed to constitute your consent
to be bound by these Terms and shall be enforceable in the same
way as if you had affirmatively agreed to these Terms. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE
WEBSITE AND DO NOT ORDER OR USE A COMPANY PRODUCT.
1. USER CONDUCT.
You may only use the Website for lawful purposes, and you must not
use it in a way that infringes the rights of anyone else or that
restricts or inhibits anyone else’s enjoyment of the Website. You
may not without our prior written consent:
• copy, reproduce, rent, lease, loan or sell content retrieved
from the Website;
• modify, distribute, or re-post any content on the Website for
any purpose; or
• use the content of the Website for any commercial exploitation
whatsoever.
In using the Website, you further agree to not:
• disrupt or interfere with the security of, or otherwise abuse,
the Website, or any services, system resources, accounts, servers,
or networks connected to or accessible through the Website or an
affiliated or linked Website;
• disrupt or interfere with any other user’s enjoyment of the
Website or affiliated or linked Website;
• upload, post, or otherwise transmit through or on the Website
any viruses or other harmful, disruptive, or destructive files;
• use, frame, or utilize framing techniques to enclose any Company
trademark, logo, or other proprietary information (including the
images found on the Website, the content of any text, or the
layout/design of any page or form contained on a Website page)
without Company’s express written consent;
• reverse engineer, or create derivative works based on the
Website or any content (including, without limitation, any
software) available through the Website;
• use meta tags or any other “hidden text” utilizing a Company
name, trademark, or product name without Company’s express written
consent;
• deeplink to the Website without Company’s express written
consent;
• not to create or use a false identity on the Website, share your
account information, or allow any person besides yourself to use
your account to access the Website;
• collect or store personal data about others;
• attempt to obtain unauthorized access to the Website or portions
of the Website that are restricted from general access;
• post any material that is knowingly false and/or defamatory,
inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person’s privacy, or
is otherwise in violation of any law. You further agree not to
post any copyrighted material unless the copyright is owned by
you;
• use the Website in violation of any laws applicable to your use
of the Website.
2. INTELLECTUAL PROPERTY. Please direct inquiries regarding infringement issues by email to egaldepartment@idealliving.com.
a. Content. You acknowledge that content available on and through
the Website, including, without limitation, content in the form of
text, graphics, images, software, music, sound, photographs, and
videos, and content provided by suppliers, sponsors, or
third-party advertisers (collectively, “Content”), is protected by
copyright, trademarks, patents, or other proprietary rights and
laws. You are hereby granted a personal, non-exclusive,
non-transferable, revocable, limited license to view, copy and
print Content retrieved from the Website for the sole purpose of
using or placing an order via the Website, provided that you do
not remove or obscure the copyright notice or other notices
displayed on the Content. Except as expressly provided in these
Terms, nothing contained in these Terms or on the Website shall be
construed as conferring any other license or right, expressly, by
implication, by estoppel, or otherwise under any of Company’s or a
third party’s Content. Any rights not expressly granted herein are
reserved.
b. User Generated Content. Subject to the limitations set forth
herein, you may have the ability to upload photographs, comments,
video clips, reviews and other communications and content to the
Website (“Your Content”). Unless we indicate otherwise, by posting
or submitting Your Content to the Website, you grant Company a
non-exclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content, and the name submitted in connection with such
content, throughout the world in any media now known or hereafter
conceived. Company and its affiliates are free to use any ideas,
concepts or know-how contained in Your Content for any purpose
whatsoever including, but not limited to, developing,
manufacturing, distributing and marketing products using such
information. You represent and warrant that (a) you own or
otherwise control all of the rights to Your Content; (b) that Your
Content is accurate; (c) that use of Your Content does not violate
these Terms and will not cause injury to any person or entity; and
(d) that you will indemnify Company for all claims relating to
Your Content. We will not be responsible or liable to you or to
any third party for the content or accuracy of Your Content.
Company has the right, but not the obligation, to monitor and edit
or remove any activity or content. Company takes no responsibility
and assumes no liability for Your Content or for any of Your
Content posted by a third party.
c. Trademark Notices. All trademarks and service marks displayed
on the Website are the property of Company or their respective
owners. You may not use or display any trademarks or service marks
owned by Company without Company’s prior written consent. You may
not use or display any other trademarks or service marks displayed
on the Website without the permission of their owners.
d. Copyright Policy. It is Company’s policy to respect the
copyright and intellectual property rights of others. Company may
remove content that appears to infringe the copyright or other
intellectual property rights of others. In addition, Company may
terminate access by users who appear to infringe the copyright or
other intellectual property rights of others. Further, Company
complies with the Digital Millennium Copyright Act. If you believe
in good faith that your work has been copied in a way that
constitutes copyright infringement, please provide Company’s
Copyright Agent the following information:
• An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been
infringed.
• A description of where the material that you claim is infringing
is located on the Website.
• Your address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law.
• A statement by you, made under penalty of perjury (e.g., notarized
affidavit), that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
3. PURCHASING ITEMS FROM US.
a. Product Representations. Company reserves the right, without
prior notice, to discontinue or change specifications and prices
on products without incurring any obligation to you. Company takes
reasonable precautions to ensure prices quoted on the Website are
correct, and to describe the items available on the Website as
accurately as possible and to depict the most up to date
packaging. However, when making a Purchase, please note that
Company does not warrant that product descriptions are accurate,
complete, reliable, current, or error-free, or that product
packaging depicted on the Website will match the actual product
that you receive. If a product described on the Website is not as
described when you receive it, or the packaging on the Website
does not match the product you receive, your sole remedy is to
return it to us in an unused and undamaged condition in accordance
with our Return Policy, which is listed on the Website under
Customer Service. Company’s descriptions of, or references to,
products not owned by Company do not imply endorsement of that
product or constitute a warranty by Company.
b. Pricing Errors and Omissions. Prices, availability and other
Purchase terms are subject to change without prior notice. We make
reasonable efforts to ensure the accuracy of the information on
the Website and to correct errors once discovered. Company
reserves the right to revoke any stated offer to correct any
errors, inaccuracies, or omissions, including after an order has
been submitted, after it has been confirmed, or after your credit
card has been charged. If we discover an error has occurred after
your credit card has been charged and your Purchase is canceled as
a result of the error, your credit card will be refunded the full
amount of your order.
c. Order Placement and Acceptance. If you Purchase a product,
payment must be received by Company prior to Company’s acceptance
of the order. Company may require additional information regarding
your order if you have not provided all of the information
required and may cancel or limit an order any time after it has
been placed. Your order is expressly conditioned on acceptance of
these Terms. Once a properly completed order, your authorization
and a form of payment has been received, we will promptly locate
the item(s) you have ordered to place them in line for shipment.
All items are subject to availability. We will promptly inform you
if the product(s) you have ordered are not available and we may
offer you alternative product(s) of equal quality and value.
Company does not accept orders from dealers, wholesalers, or
customers who intend to resell items offered on the Website. If
Company discovers that you are placing orders with the intent to
resell items offered on the Website, we will immediately cancel
your order, suspend or terminate your account, and pursue any and
all available legal remedies from you under applicable law. To the
extent your conduct may be fraudulent, such as purchasing products
through the use of fake or stolen cards, Company will also report
you to federal, state and/or local enforcements authorities.
d. Shipping and Risk of Loss. Company will add applicable shipping
and processing fees to your order. Unless otherwise noted, Company
will use commercially reasonable efforts to ship products within a
reasonable time after receipt of your properly completed order.
Although Company may provide delivery or shipment timeframes or
dates, you understand and agree those are Company’s good-faith
estimates and may be subject to change. You further understand
that product availability may be limited, and particular products
may not be available for immediate delivery, in which case the
products will be delivered when they become available. If your
order will be delayed (either from the date specified at the time
of order or, if no date was specified, beyond 30 days from the
date of your order), Company will use reasonable good faith
efforts to contact you. If Company cannot contact you or you no
longer wish to receive the item, Company will cancel the order and
promptly refund the amount charged and will do so within 7
business days if made using a third-party credit card, such as a
Visa or Mastercard. Company shall not be liable for any loss,
damage, cost, or expense related to any delay in shipment or
delivery. All items purchased from the Website are delivered to
shipment carriers. The risk of loss and title for such items pass
to you upon our delivery to the carrier. Company may reject orders
where the stated delivery address is outside the United States.
e. Sales Tax. In the United States, Company is required to collect
applicable state and local sales tax on orders shipped to certain
states. Taxes apply to most merchandise, but some states exclude
certain items, like food products. Some taxing authorities also
require the taxable amount to include any shipping and handling
charges, while others charge sales tax only on merchandise.
Company is required to follow the rules of each state. Your final
order total will include the appropriate state and local taxes.
f. Payment Information. By ordering products through the Website,
telephone, or otherwise, you agree to provide true, accurate,
current, and complete payment information. By placing an order,
you represent and warrant that you will only provide payment
information that is yours or for which you are authorized to
provide. Company shall have the right to cancel your order or to
suspend or terminate your account if we have grounds to believe
that you have provided inaccurate, not current, fraudulent, or
incomplete payment information to Company, or for any other reason
that we, in our sole discretion, deem appropriate. You agree that
your placement of an electronic order on the Website is sufficient
to satisfy any applicable Statute of Frauds, and no further
writing is required.
g. International Orders. Company does not directly sell certain
Company products in any jurisdiction other than the United States
of America, as these products may not be approved for sale in
other jurisdictions. While Company may choose to accept orders for
the purchase of its products from non-U.S. residents, the
acceptance of such orders and the sale of such products will be
subject to the following conditions, You:
i. agree that the purchase of any Company products by you, as a
non-U.S. resident, shall be (i) ex works Company’s facilities in
the United States per Incoterms 2010, with all title risk and loss
in the products passing to you in the United States; and (ii) for
your own personal use only and not for further resale or
distribution in any manner;
ii. agree not to order more than a ninety (90) day supply of any
consumable products within any ninety (90) day period;
iii. hereby expressly authorize and direct Company to load and
ship the purchased products to your shipping address, and to
contract on your behalf with a courier company for that purpose;
and
iv. are the principal importer of record and will undertake
responsibility for all applicable taxes, shipping, customs
clearance, duties and import requirements from Company’s
facilities in the United States to your foreign shipping address.
h. For Canadian Orders only: By ordering goods from Company, you
hereby authorize a licensed Canadian customs broker chosen by
Company to act as your agent, and to transact business with Canada
Border Services Agency (CBSA) to clear your merchandise, account
for applicable duties and taxes, to return merchandise to Company
and prepare and submit refund claims on your behalf for any
merchandise that you return. You understand that CBSA will send
any refund of duties and taxes that were paid on the returned
merchandise to the customs broker, and that you will obtain the
refund directly from Company. You also authorize the customs
broker to endorse any refund cheque issued by CBSA in your name so
that Company can be reimbursed.
i. Purchases for Personal Use Only. The Products, including any
samples Company may provide to you, are for personal use only. You
may not sell or resell any of the Products you purchase or
otherwise receive from Company unless pre-approved in writing by
Company. We reserve the right, with or without notice, to cancel
or reduce the quantity of any order or withhold refunds, in our
sole discretion, to those individuals we believe may be engaged in
suspicious reseller activity or are otherwise violating these
Terms. Among other things, we may suspect reseller activity based
on factors such as order frequency, amount and quantity.
j. Automatic Renewal Terms. If you are placing an order online or
by telephone as part of our automatic renewal program, your
membership in the program will remain in effect until it is
cancelled. We may, in our sole discretion, terminate your
membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE OR AS OTEHRWISE INSTRUCTED ON THE WEBSITE.
You are obligated to provide current, complete, and accurate
information for your billing account. You are responsible for
promptly updating all information to keep your billing account
current, complete, and accurate (e.g., change in billing address,
credit card number, or credit card expiration date). You must
promptly notify us if your credit card information is cancelled or
is no longer valid (e.g., loss or theft). Changes to such
information can be made by calling a customer service
representative at the telephone numbers listed on the Website
under Customer Service. If you are participating in our automatic
renewal program using a credit card and your credit card fails to
process for a subsequent shipment, Company may convert your
account to a pay-by-check plan. If your account has been converted
to a pay-by-check plan, you will receive an invoice along with
your shipment. Invoiced items not paid within 28 days of receipt
will be considered past due and Company will send you
communications to collect past due balances. If you fail to timely
update your credit card information or fail to timely pay by
check, your membership in our automatic renewal program may be
terminated and your account may be sent for collection.
k. Return/Refund Policy. You may return items in accordance with
the Return Policy instructions that accompany your product
shipments or, if you are uncertain about your right to return the
product, you may also call Customer Service for assistance.
Company will refund your payment when your product is timely
returned or cancelled, and within 7-14 business days of our
receipt of the returned product if purchased using third-party
credit, such as a Visa or Mastercard.
4. DISPUTES/ARBITRATION
a. Resolution of Claims and Disputes. With the exception of any
dispute regarding the wrongful use of Company’s Content or Your
Content, any claim or dispute between you and Company (or any of
Company’s subsidiaries or affiliates) arising out of or relating
in any way to the Product or these Terms, including, without
limitation, our autorenewal program, shall be resolved through
final, binding arbitration. This arbitration obligation is
reciprocally binding on both you and the Company and applies
regardless of whether the claim or dispute involves a tort, fraud,
misrepresentation, product liability, negligence, violation of a
statute, or any other legal theory. THIS MEANS THAT YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT
TO BRING A LAWSUIT, AS AN INDIVIDUAL OR AS PART OF A CLASS, BASED
ON SUCH CLAIMS OR DISPUTES AND TO HAVE SUCH LAWSUIT HEARD IN COURT
AND RESOLVED BY A JUDGE OR JURY.
b. Limitation of Legal Remedies. All arbitrations shall be
conducted on an individual (and not a class-wide) basis, and an
arbitrator shall have no authority to award class-wide relief. You
acknowledge and agree that you are prohibited from commencing or
participating in any arbitration proceeding as a representative of
others or joining in any arbitration proceedings brought by any
other person, including a class action.
c. Arbitration Procedure.
i. Before instituting an arbitration, if you have any dispute, we
encourage you to contact us to try to resolve the matter by
calling 800-218-3560, although you are not required to do so.
ii. The arbitration of any claim or dispute shall be conducted in
accordance with the expedited procedures set forth in the JAMS
Comprehensive Arbitration Rules and Procedures as those Rules
exist on the date you receive the Product, including Rules 16.1
and 16.2 of those Rules. These rules and procedures are available
by calling JAMS or by visiting its web site at www.jamsadr.com.
Any arbitration of any claim or dispute shall be conducted by an
arbitrator who has at least five years of experience conducting
arbitrations.
iii. The arbitration of any claim or dispute shall be conducted in
the State of California and governed by the laws of California,
exclusive of its conflict or choice of laws rules. For claims of
$10,000 or less, you may choose whether the arbitration proceeds in
person, by telephone, or based only on submissions. We shall pay
costs for the arbitration of claims, including any JAMS Case
Management Fee and all professional fees for the arbitrator’s
services. We shall pay the fees and costs of our counsel, experts
and witnesses and shall not recoup them from you even if you do not
prevail in the arbitration. Unless otherwise provided by law, you
acknowledge and agree that you shall pay the fees and costs of your
own counsel, experts and witnesses.
5. CHOICE OF LAW.
Any dispute or conflict arising out of or relating to your use of
the Website or the Purchase of any Product shall be governed in
accordance with the laws of the State of California, exclusive of
conflict or choice of law rules.
6. SEVERABILITY. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions of these Terms shall remain fully enforceable.
7. ELIGIBILITY. In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to these Terms. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
8. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY
DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE
CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY,
QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS
USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY
OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
IMPORTANT NOTICE REGARDING INFORMATION ON THE WEBSITE: THE
INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND
RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR
HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT,
FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE
FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE
PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF
YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY
MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE
WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT
MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO
RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY
TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION,
SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO
KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND
UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE
FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF THE INFORMATION ON THE WEBSITE.
9. LINKS TO OTHER WEBSITES THAT COMPANY DOES NOT CONTROL
The Website may provide links to other websites and/or resources,
including advertisers, over which Company has no control. These
links are provided solely as a convenience to users and should not
be construed as an endorsement by Company of content, items, or
services on those third-party websites. You access, view and use
such website links, including the content, items or services on
those websites, solely at your own risk. Company makes no
representations or warranties with respect to the content,
ownership, or legality of any such linked websites. You agree that
Company has no responsibility or liability for the availability of
such external websites or resources, or for the content,
advertising, products, or other materials available through such
websites or resources. At the moment when you leave the Website
via a link to another website, you will be subject to the Privacy
Policy and the Terms of Use of such other website, as applicable.
10. ELECTRONIC COMMUNICATIONS, SIGNATURES AND AGREEMENTS
When you communicate with us through the Website or via other
forms of electronic media, such as e-mail, you are communicating
with Company electronically. You agree that Company may
communicate electronically with you and that such communications,
as well as notices, disclosures, agreements, and other
communications that Company provides 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 (e.g., by Company or you).
You further acknowledge and agree that by clicking on any button on the Website labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT” or such similar links as may be designated by Company, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11. TELEPHONIC COMMUNICATIONS WITH COMPANY
You acknowledge that telephone calls to or from Company are
monitored and recorded and you agree to such monitoring and
recording. You verify that any contact information provided to
Company, including, but not limited to, your mailing address,
shipping address, e-mail address, residential phone number, and
mobile phone number is true and accurate. You further verify that
you are the telephone subscriber and/or that you own any telephone
numbers that you provide to Company. You acknowledge that by
voluntarily providing your telephone numbers to Company, you
expressly agree to be contacted at the telephone numbers you
provide. You consent to receive e-mails, pre-recorded voice
messages, SMS text messages, and/or autodialed calls by or on
behalf of Company relating to these Terms, any purchase or
transaction with Company, matters related to your account
(including debt collection), and promotions regarding Company
products. These communications may be made by or on behalf of
Company, even if your phone number is registered on any state or
federal Do Not Call list. You acknowledge that you may incur a
charge for these calls by your telephone carrier and that Company
will not be responsible for these charges.
12. LIMITATION ON COMPANY’S LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES,
REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES
WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF
DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN
WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER
FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE
INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO
USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
13. INDEMNIFICATION
You agree to indemnify and hold harmless Company, its directors,
officers, employees, agents, co-branders, suppliers, subsidiaries,
parents, and affiliates, from and against any and all liability,
losses, claims, demands, disputes, damages, and costs of any kind,
including, without limitation, reasonable attorneys’ fees and
costs of litigation resulting from or in any way connected with
(i) your use of the Website; (ii) information you submit or
transmit through the Website; (iii) privacy, tort or other claims
(e.g., claims under the Federal Telephone Consumer Protection Act
or its state law equivalent) relating to the provision of personal
information (e.g., telephone number) to Company that is not owned
by you, in contravention of these Terms; and/or (iv) your breach
of these Terms.
14. TERMINATION OR SUSPENSION OF WEBSITE
You agree that Company may, in its sole discretion, and at any
time, terminate or suspend its operation of the Website or your
use of or access to the Website, without prior notice to you, for
any reason that Company, in its sole discretion, deems
appropriate. You further agree that Company will not be liable to
you or to any third party for the consequences of such termination
or suspension. In the event of any termination of your use of or
access to the Website, you agree that the provisions of these
Terms regarding protection of intellectual property rights and
license, indemnification, disclaimer regarding information
provided on the website, disclaimer of warranties with respect to
use of the website, limitation on Company’s liability, and
pre-dispute, mandatory binding arbitration, and class action
waiver shall survive any such termination.
15. REMEDIES FOR COMPANY
In order to avoid irreparable injury to Company, in the event of
any breach or threatened breach by you of the provisions of these
Terms, we shall be entitled to seek an injunction and/or other
equitable relief restraining such breach. However, nothing in
these Terms shall be construed as prohibiting Company from
pursuing any other remedies available to it for such breach or
threatened breach, including the recovery of monetary damages from
you.
16. MODIFICATIONS TO TERMS
Company may make changes to these Terms, from time to time, in its
sole discretion, by updating this posting on the Website without
notice to you. Your continued use of the Website following the
posting of a new version of the Terms constitutes your acceptance
of any such changes. Accordingly, whenever you visit the Website,
check to see if a new version has been posted.
17. OTHER IMPORTANT TERMS
Company may assign, transfer, or sub-contract any of our rights or
obligations under these Terms to any third party at our
discretion. Any representations, warranties, and indemnification
obligations made or undertaken by you will survive cancellation or
termination of your account or relationship with Company. No delay
by Company in exercising any right or remedy under these Terms
shall operate as a waiver of that right or remedy or shall affect
Company’s ability to subsequently exercise that right or remedy.
Any waiver must be agreed to by Company in writing. These Terms
supersede any other terms previously published by us and any other
representations or statements made by us to you, whether oral,
written, or otherwise, but may be supplemented by additional
terms, restrictions or conditions in connection with the sale or
offering of sale of products on the Website.