This TOS governs your use of "Website" (“Web Site”) and the services we offer and span. and products we sell on the
Web Site (“Services”), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT
YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR
USE THE WEB SITE. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY.
ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE
CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site and Ordering Products.
Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can
form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members
and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a
purchase agreement with us wherein you, the consumer purchase one of the products found on the Web Site. Membership
is limited only to those that are 18 years of age or older. You understand that it is your responsibility to abide
by local laws and regulations.
You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable
laws, regulations and rules when you use the Web Site.
(c) License and Restrictions.
Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the
content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third
party intellectual property without the express written permission of the applicable third party, except as
permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any
rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right
to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense
from materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt
to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct.
In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade secret,
copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or
disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site;
(iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged
routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s
account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including
(without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the
Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly,
in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect,
manually or through an automatic process, information about other users without their express consent or other
information relating to the Web Site or the Services; (viii) use any meta tags or any other “hidden text” utilizing
the "Website" name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services,
except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s
ability to use or enjoy the Web Site or Services; or (xi) assist any third party in engaging in any activity
prohibited by this TOS.
(e) Other Users.
If you become aware of any conduct that violates this TOS, We encourage you to contact us. We reserve the right, but
will have no obligation, to respond to such communications.
2. Your Content.
By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known
or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or
similar theories, if any.
(b) Objectionable Content.
We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are
solely responsible for your interactions with other users of the Web Site and any content that you post. We will not
be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site.
We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site
and take any other action to restrict access to or the availability of any material that we or another user of the
Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable (including, without limitation, because it violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may
contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such
errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any
errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or
specifications, or other information on the Web Site.
New York residents may be required by the State of New York to pay additional taxes and fees due as a result of
your purchase of any products from us. If you purchase any products available on the Web Site (“Products”), you will
be responsible for paying any applicable taxes as a result of your purchase.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card
fraud. We may, at our discretion, require further authorization from you such as a telephone confirmation of your
order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any
order if fraud is suspected. We capture certain information during the order process, including time, date, IP
address, and other information that will be used to locate and identify individuals committing fraud. If any Web
Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records,
with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation.
We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other
files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or
licensors or other companies. You may not use such materials without permission. (b) Trademarks. The related design
marks, and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts
are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without
our express written permission.
7. Third Party Websites.
"Website" may contain links to other websites on the Internet that are owned and operated by third parties. We do
not control the information, products or services available on these third party websites. The inclusion of any link
does not imply our endorsement of the applicable website or any association with the website’s operators. Because we
have no control over such websites and resources, you agree that we are not responsible or liable for the
availability or the operation of such external websites, for any material located on or available from any such
websites or for the protection of your data privacy by third parties. Any dealings with, or participation in
promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings or promotions, are
solely between you and the applicable advertiser or other third party. You further agree that we shall not be
responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such
material available on or through any such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property,
including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link
without express written permission.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in
connection with your use of the Web Site will become our exclusive property. Such disclosure, submission or offer of
any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent,
copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a
waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of
confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or
perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited
in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do
not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in
confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any
Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold the Web Site, and its subsidiaries, affiliates, and their directors,
officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any
liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses,
made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Web Site
or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the
Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to
perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we
may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense.
Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim
without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES.
WE PROVIDE THE WEB SITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR
WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR
SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL
OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS.
THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS
AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR
RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE
(c) HEALTH RELATED INFORMATION.
WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE
ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE
WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND
SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
(e) EXCLUSION OF DAMAGES.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT
OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH
THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. (f) LIMITATION OF LIABILITY. IN NO
EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT
LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID
FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to provide the Products as a result of a force majeure
event the Website will not be in breach of any of its obligations towards You under these Terms of Service. A force
majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM
ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Use
Export Restriction. We control the Web Site from our offices within the United States of America. We make no
representation that the Web Site or its content (including, without limitation, any products or services available
on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site
from outside the United States of America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of
certain technical data and software to certain territories. No content from the Web Site may be downloaded in
violation of United States law.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your
use of the Web Site will be exclusively resolved under confidential binding arbitration held in New York before and
in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may
be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS,
whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to
seek injunctive or other equitable relief in state or federal court located in New York to enforce this TOS or
prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby
irrevocably submits to the personal jurisdiction of such court. 15. Waiver of Class Action Rights. BY ENTERING INTO
THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A
CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST
BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you
may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar
year after such claim or cause of action arises, or forever be barred.
17. Modification of Terms of Service.
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of
the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we
may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we
reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site,
including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service
Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any
account you open is terminated by you or us or if you have the right to access or use the Web Site.
This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all
prior and contemporaneous agreements and understandings between you and us relating thereto.
20. Additional Terms.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and
construed in accordance with the laws of the State of New York without regard for conflict of law principles. This
TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior
written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will
operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any
other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an
independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or
created by this TOS. The invalidity or un enforceability of any provision of this TOS will not affect the validity
or enforceability of any other provision of this TOS, all of which will remain in full force and effect