Welcome to our website’s web and mobile site.
These terms and conditions ( “agreement” or “terms” ) govern your use of the our website website (the “site” ), related our website mobile application(s) available to us residents (the “app(s)” ), any other written, electronic, and oral communications with our website, or any websites, pages, features, or content owned and operated by us (collectively, including the site and apps, the “services” ). You must be age 16 or older to use the services.
By using the services, you agree to these terms. If you do not agree to these terms, do not access or use the services.
Notice of arbitration provisions:
This agreement and your use of our services is subject to binding arbitration and a waiver of class action rights as detailed below. Please read the arbitration provisions carefully and do not use the services if you are unwilling to arbitrate any disputes you may have with us as provided below.
1. General
1.1 Ownership. The Site and the Apps are owned by our website. Ltd. and are licensed by our website. In the United States, the seller and payment collection entity is our website. Where applicable, “our website” , the “Company” , “we” , “us” and “our” shall refer to our website and “you” or “your” shall refer to the user of the Services.
The Services are intended to promote the Company’s products and services available in the United States. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with our website after the posting of changes, you accept and agree to any such changes.
2. Use of our services
2.1 Use of Services. Subject to the terms and conditions of this Agreement, our website hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of personal, non-commercial, shopping for items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a our website user account (“User Account”), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your User Account. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password.
If you already have an account as of the Effective Date of these Terms, your account will be administered by our website. Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to terminate accounts and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose those assets, except as provided by applicable law, if you do not reach out to Customer Service .
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Wallet.
If you create a User Account, you will be provided with a our website digital wallet ( “Wallet” ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by our website via the Services. The Wallet is provided as a convenience to enable you to store and/or readily access these features; you cannot load your own funds to the Wallet, and nothing held in the Wallet has any cash value except as expressly indicated below. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed in connection with purchase of products from our website, and not for any other purpose. The Wallet is accessible via the Site or the App in the section “My Assets” of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. Your total My Assets balance, including Wallet credits, cannot exceed $2,000 at any time. In addition, we may further provide value limits to each of Wallet credits, gift cards, or coupons for a specific dollar amount, at our sole discretion.
Promotional Points: Promotional points are stored in your Wallet. Promotional points may be earned by participating in certain activities and by purchasing products on the Site or the App, as further detailed in Bonus Point Policy . Promotional Points are subject to expiration and cancellation by the Company. Promotional points can only be redeemed on the site through which they were granted (for example, if promotional points were granted on the our website site, then they can only be redeemed on that site).
Promotional Coupons: Coupons are subject to additional terms and conditions found in our website’s Coupon Policy , which may change from time to time with or without notice. Coupons provided to you may be subject to expiration by our website. The use of coupons granted by our website is subject to limitations as provided in connection with each promotional coupon. Promotional coupons can only be used on the site through which they were granted (for example, if a promotional coupon was granted on the our website site, then it can only be used on that site).
Wallet Credit: Wallet credit may be provided to you when you return goods in accordance with our Return Policy and choose a Wallet credit in lieu of the refund to your payment method option. In electing to receive a wallet credit instead of a refund to the payment method used for your purchase, you understand and agree that you will not receive and will no longer be able to receive a refund to your payment method or any other method. The wallet credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Wallet credits can only be redeemed on the site through which the wallet credit was granted (for example, if you ordered and subsequently returned a product on the our website site and elected to receive a wallet credit, that wallet credit can only be redeemed on that site).
Gift Cards: Gift cards may be tracked under the “My Assets” section of your User Account. You can view your gift card balance by entering the gift card number and pin. Your gift card balance is the value of the gift card less any amounts that have already been redeemed for purchases, if any. Gift cards are subject to the terms and conditions set out in our website’s Gift Card Policy , which are incorporated by reference to these Terms. Gift cards provided to you free of charge as a promotion may be subject to expiration or cancellation by Company in accordance with the Gift Card Policy and the terms of any such promotional gift card. Gift cards can only be redeemed on the site through which they were purchased or provided (for example, if a gift card was purchased or provided through the our website site, then it can only be redeemed on that site).
2.5 Accurate Information; Customs. In accordance with Customs regulations, you must provide valid and accurate data when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All consignee names, addresses and payer names must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, our website will not be responsible and will not offer any compensation to you whatsoever. You hereby authorize our website and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This includes granting to our website the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Service. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub- authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
3. Privacy policy
our website’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view our website’s Privacy Policy.
4.Errors
While we strive to provide accurate information on the Site and Apps, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Site or the Apps is inaccurate at any time without prior notice, including after your order has been submitted. In the event we make a change to or cancel an order.
5.Purchases
5.1 Prices and Orders. All product prices listed on the Site or on the Apps are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Colorado Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Colorado.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. Registered users’ purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” on the Site or Apps, you are offering to purchase products from us, the acceptance of which is in our sole discretion; such confirmation (if any) will be communicated to you in the Order Confirmation.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.
Please note single-day purchase limitations: Customers in the United States cannot currently place order(s) that exceed $800 on a single day.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
5.3 QuickShip. The products sold on the Site and the App are stored at, and available to be shipped from, either a warehouse located in the United States (items shipped via the “QuickShip” ) or a warehouse located outside the United States (items shipped via the “International Shipping” ). The “QuickShip” and the “International Shipping” are herein also referred to as the “Shipping Type” . Certain products may be stored at multiple warehouses, and available to be shipped via, both the “QuickShip” and the “International Shipping” shipping type. If a product is stored at multiple warehouses, and available to be shipped via, both the “QuickShip” and the “International Shipping” shipping type, you will be asked at the point of selecting the product to also select the shipping type of which the product will be using.
5.4 Title and Shipment. Title to any purchased items fulfilled and shipped via the “International Shipping” transfers from the respective Company selling entity (i.e., our website if you are in the United States) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled and shipped via the “QuickShip” transfers from the respective Company selling entity (i.e., our website if you are in the United States) to you when the products are delivered to the shipping address provided by you. Any claims arising from shortage or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your receipt of the goods. At our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
5.5 Return of product. Most products can be returned within 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or App. Certain products are non-returnable as specified under our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (Free return shipping will only be available for one return per purchase order). The refund will be credited either to your Wallet associated with your User Account or your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
6.Intellectual property and ownership
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), are owned, controlled or licensed by the Company, and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. You may only access the Content only as permitted under these Terms and the Privacy Policy .
6.2 our website Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site and Apps ( “Marks” ), are owned by Company or licensed to Company to use such marks or to sell products bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site or the Apps, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. Company sources some of its products from third- party manufacturers and wholesalers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Site and Apps without the prior written consent of the Company or the respective owners or licensors. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to our website (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and are subject to the Company’s review and monitoring.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.
6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non- confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ( “IP” ) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, 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 hereby grant to our website (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate all your Submissions
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Site or Apps, including but not limited to your Submissions, such contributed content shall be considered as user-generated content ( “UGC” ) to extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
Sexually explicit or pornographic content;
Profanity;
derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
incitements to violence or other dangerous activities;
terrorism or other criminal activities;
insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
harassment, bullying, or threats;
dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
transactions in cryptocurrencies;
false medical-related claims or contents;
content that infringes intellectual property rights;
content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that our website, in its sole discretion, may remove, block any UGC it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that our website is not obligated to police or actively review UGC prior to its display on our website’s Sites or Apps, and that you are therefore solely responsible for the UGC you elect to post on the Sites or the Apps.
7.Third party links and resources
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us. References on our Site and Apps to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8.Text messaging program
General terms & disputes. Without limitation our text messaging program is subject to these complete terms, which contain provisions that govern how claims you and we have against each other are resolved (see legal disputes and arbitration agreement section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the arbitration section below.
8.1 Enrollment. You must expressly agree and consent to enroll in our website’s text messaging (SMS) program. Your consent to participate in our SMS program is not a condition of making a purchase and it is not required to use our Site, App, or Services.
8.2 Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. If you enroll in our website’s SMS program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the U.S. Telephone Consumer Protection Act.
8.5 Participation Subject to Termination or Change. If you enroll in our website’s SMS program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
9.Events beyond our control
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout, or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
10.Liability for purchased products, waiver, and statutory consumer rights
10.1 Company Liability. Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on our Site shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
in case of death or personal harm caused by our negligence;
in case of fraud or fraudulent deceit; or
in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
loss of income or sales;
operating loss;
loss of profits or contracts;
loss of forecast savings;
loss of data; and
loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
11.Limitation of liability
Please read this section carefully since it limits the liability of our website to you.
(1)By using the services, you hereby acknowledge and agree that we are providing the services, including the site and apps, on an “as is” “as available” and “with all defaults” basis, without warranty of any kind, express or implied. Without limiting the foregoing, and to the extent permitted by law, the company expressly disclaims any and all warranties and conditions of any kind including any warranty or condition of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
(2)We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.
(3)You agree that to the maximum extent permitted by law, we will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, company entities will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.
(4)Your sole remedy for dissatisfaction with the services is to stop using the services.
Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. As a result, the above limitations and exclusions may not apply to you in whole or in part.
12.Legal disputes and arbitration agreement for users in the united states
Please read the following clauses carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court
12.1 Initial Dispute Resolution. We are available by email at email in contact us page to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance, and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules- procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
12.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
12.4 Exception – Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
12.5 California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
12.6 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at email in contact us page . The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.
12.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to the Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
13.Legal terms
13.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
13.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy , and any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
13.3 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
13.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
13.5 Applicable Law. If you are a resident of the United States, your use of our Site and the product purchase contracts through said Site shall be governed by the laws of the United States.
14. Notice of intellectual property infringement and dmca policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, trademark, or other intellectual property rights, you are encouraged to notify us by following the procedures set forth below.
Please send an email to email in contact us page with the subject “Takedown Request,” and include the following:
If a copyright is at issue, identify the copyrighted work that you claim has been infringed along with any copyright registration and deposit;
If a trademark is at issue, identify the trademark that you claim has been infringed along with any registration number.
If a patent is at issue, identify the patent that you claim has been infringed along with the registration number.
identify the material or link on our Services that you claim is infringing your rights;
provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will evaluate all such notices and may remove the material or disable any links to the material as required or appropriate. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Company or others, we may, in our discretion, terminate or deny access to and use of the Services.
15. Contact us
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at email in contact us page or through our Customer Service Platform .