Member User Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITES, PRODUCTS OR SERVICES. BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU CANNOT USE THE SITES, PRODUCTS OR SERVICES.
You and Company agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of Company's products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Company further 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. You and Company 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.
If you initiate arbitration, Company will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Company in writing and provided a copy of the arbitration proceedings. However, if Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Company. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
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 Company and may not preside over any kind of representative or class proceeding against Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable 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 US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
You must read and agree to this Agreement before placing your order for the 14 day Trial Offer which includes an additional 4 days for shipping. Thus there is a total of 14 day trial of Company. By placing Your order for the 14 day Trial Offer which includes an additional 4 days for shipping of Company. You agree to be bound by the following Agreement:
This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("I", "You", "Your" or "Customer"), and the owner and administrator ("Our", "Us", or "Company") of this https://naturnica.com/male/d/1 Website and all content and functionality contained herein (Customer and Company are collectively referred to as the "Parties" or "We"). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, the "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
ACCEPTANCE OF AGREEMENT: By using, visiting, or browsing the Website, as well as placing an order with Company through the Website, You accept, without limitation or qualification, these Agreement and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Agreement and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all terms contained herein.
These Agreement constitute the entire agreement between Company and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Agreement. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this Agreement by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Rush My Order"; "Submit" or similar syntax, or by merely accessing the Website, whether You have read this Agreement or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Company is not intended or to be used to treat any type of medical condition.
Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
- We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Additional refunds are issued at the discretion of Company.
- Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
- We will credit one returned unopened product per customer if the received package is post marked within 30 days of the original order date and included with a RMA (Return merchandise authorization) number obtained from customer service. No returns are credited after 30 days of the original order date. Merchandise must be returned at customer's expense accompanied by an RMA. Absolutely no returns for refunds are credited for partially used product. No refunds for any packages without an RMA. You may request a RMA and instructions on how to submit a return by calling +1-800-872-9670
- Please be aware that your refund can take up to thirty (30) days to process and appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department.
- Shipping and handling costs are not refundable.
During times when trial memberships are offered, you agree to accept the trial membership to the Site, which gives you a 30-day supply of our product, and by accessing the Company Services you authorize the charges set forth below and agree to the following terms and conditions:
- Your trial membership will entitle you a 30 day supply of our product, for 14 days starting on the day you submit your trial membership application to the Site which includes an additional 4 days for shipping. Thus there is a total of 14 days. Shipping may take anywhere from 1-4 business days.
- Customer must cancel before the end of the 14 day trial:
- Subscription and Membership fees to the Site are subject to change at any time at the sole and absolute discretion of Company. The official standard one-month membership rates for the Company Services shall be set forth at the respective join pages of the site. The current standard one-month membership rate is $84.06.
- TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY COMPANY ON OR BEFORE DAY 14, BY CONTACTING COMPANY BY TELEPHONE.
- TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY COMPANY OF YOUR CANCELLATION BY TELEPHONE AT LEAST 7 (SEVEN) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
- All cancellations received by Company will be effective upon receipt (Phone ONLY), UNLESS in the 14 day trial period which includes an additional 4 days for shipping. Thus there is a total of 14 days.
- You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by us, your User ID will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period.
- You hereby authorize Company to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your trial membership fee and all monthly membership fees to the Site / our auto-shipment program at the then current standard monthly membership rate. You further authorize us to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Company Services. Your liability for such charges shall continue after termination of your membership.
- Payment for the services provided to you at, and/or through the Site may be made by automatic credit card debit and you hereby authorize Company and its agents to transact such payments on your behalf.
- Unless and until you notify us that you wish to cancel or terminated your membership to the Site, you hereby agree and authorize Company or its designated agent or assignee to automatically renew your membership to the Site on a continuing monthly basis for up to 3 months after your trial period ends and to charge your credit card (or other approved facility) to pay for the ongoing cost of your membership. Your membership will terminate after 3 months. If you wish to continue receiving product please contact customer service at +1-800-872-9670. You hereby further authorize Company or its designated agent or assignee to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to you by or though the Site.
- You further agree that as a Member, you must promptly inform us of any and all the following: loss or theft of the credit card used to pay for membership to the Site or other Company services; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your membership, such as loss, theft, unauthorized disclosure or use of a User ID; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due to Company. You agree that you will remain liable for any unauthorized use of the Company Services, until you have notified us by calling us at +1-800-872-9670.
- You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the Site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to the Site remains outstanding at the time of such fraudulent reporting, you shall be liable to Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
- You further acknowledge and agree that you will remain liable to Company for any unauthorized use of the Company services associated with your membership.
Company 14 day Trial Offer which includes an additional 4 days for shipping. Please take a few minutes to read the following as when You purchase the Company Trial Offer You automatically accept the following terms and conditions.
We are confident you will see the benefits of using our Company Product within our 14 day trial which includes an additional 4 days for shipping. Thus, there is a total of 14 days. You are taking the next step toward a more confident you! Upon signing up for your trial offer, your credit card provided will be charged a One-time Shipping & Handling fee of $4.99. If you contact customer service to terminate your trial enrollment within 14 day which includes an additional 4 days for shipping. Thus, there is a total of 14 days of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else. Your enrollment date is the date that you submit your order for the trial product. All orders are shipped within two business days.
If you do not cancel within 14 day which includes an additional 4 days for shipping. Thus there is a total of 14 days of the date that you enroll in the Program, we will charge the same card you provided at enrollment the monthly membership fee of $84.06. Then, beginning about 30 days after enrollment in membership program we will send you a fresh monthly shipment of the product and charge your card $89.05 when each supply ships. You can cancel monthly shipments and avoid further Monthly Charges at any time by contacting customer service at open 24x7 except for New Year's Day, Christmas, Easter, and Thanksgiving.
Please note results may vary, but with continuous use of Company we are confident you will see the results you are trying to achieve. Your shipment will leave our facilities within two work days. Actual delivery time of the parcel will vary by region.
You acknowledge and agree that Company will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. In addition, you do not hold Company responsible for any overdraft charges or fees which you might incur during the ongoing Membership.
All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Company Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the Company Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Company authorization to provide and bill for the Company Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to your Member account being deactivated, and access to the Site denied, for non-payment.
You will be shipped a full one-month supply of the product You ordered. Orders are generally shipped within 2-4 business days (Monday through Friday) using our standard USPS First Class shipping method. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Company does not guarantee specific arrival dates or times. Company does not refund or credit delivery or processing charges for any shipments. Delivery time is subtracted from Your trial period and will reduce the number of days allocated to Your trial period.
|Contacting Customer Care / Billing:
||You may contact our customer care department by using our toll free phone number.
||13266 Byrd Dr Suite 573, Odessa FL 33556
|Toll Free Customer Care phone:
I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT $89.05 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY. THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITEARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLEPURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENTSHALL COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONSPROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OROTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, "CLAIMS") ARISING FROM OR RELATED TOTHIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER'S USE OF THE WEBSITE OR ANY PRODUCT. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BECORRECTED, OR THAT ANY COMPANY WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; COMPANY FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGESARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OROFFLINE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON ANY COMPANY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUMETHE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Company' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Company in the one (1) month period immediately preceding the incident on which Your alleged claim is based. 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. The warranties and representations specifically set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
REPRESENTATIONS; PRODUCT DISCLAIMERS
Company is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 14 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Company endeavors to provide You with accurate information about Our Products. You understand and agree that the information Company conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). Company does not warrant or represent that such information is error-free, and Company does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
Company does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Company makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Company has the right to rely upon all information provided to Company by You, and Company may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Company or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Company prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of Company, You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Intellectual Property;
- Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
- Use any meta-tags or any other "hidden text" using the Website's name or marks;
- "Deep-link" to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Company reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Company believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Company provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer's real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Companyhas not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Company Website. Company cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Company Website or third-party content on our sites. Company does not endorse any of the merchandise, nor has Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Company with respect to such sites and third-party content. Company strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Company nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.domain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Company.
Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Company performance.
You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Florida's Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Company shall promptly notify You by electronic mail of any such claim or suit and cooperate fully (at Your expense) in the defense of such claim or suit. If Company does not hear from You promptly, Company reserves the right to defend such claim or suit and seek full recompense from You.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Agreement, the Privacy Statement, or any matter concerning Company shall be governed exclusively by the laws of State of Delaware, excluding its conflict of law provisions.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Agreement, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Agreement, and the Privacy Statement will continue in full force and effect.
No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Company reserves the right to change any of the provisions posted herein and You agree to review this Agreement each time You visit the Website. Your continued use of the Website following the posting of any changes to this Agreement constitutes Your acceptance of such changes. Company does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Company in writing, this Agreement may not be amended by You.
Please contact us at firstname.lastname@example.org if you have any questions about our products or services.