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