Please read these Terms of Use (the "Agreement" or "Terms
of Use") carefully before
using the website or services offered by EZ GARD Industries, Inc.
d/b/a Cutters Sports,
Inc. This Agreement sets forth the legally
binding terms and conditions
for your use of the website at https://www.cutterssports.com, all other sites owned
and operated
by EZ GARD Industries, Inc. d/b/a Cutters Sports, Inc that
redirect to https://www.cutterssports.com, and all subdomains (collectively, the
“Site”), and the service owned
and operated by the Company (together with the Site, the “Service”). By using the
Service in any manner,
including, but not limited to, visiting or browsing the Site or contributing
content, information, or other
materials or services to the Site, you agree to be bound by this Agreement.
Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained
in these Terms of Use,
including the Privacy Policy available at https://www.cutterssports.com/pages/privacy,
and
all other operating rules,
policies, and procedures that may be published on the Site by the Company, which are
incorporated by reference. These
Terms of Use apply to every user of the Service. In addition, some services offered
through the Service may be subject
to additional terms and conditions adopted by the Company. Your use of those services is
subject to those additional
terms and conditions, which are incorporated into these Terms of Use by this reference.
The Company reserves the right,
at its sole discretion, to modify or replace these Terms of Use by posting the updated
terms on the Site. It is your
responsibility to check the Terms of Use periodically for changes. Your continued use of
the Service following the
posting of any changes to the Terms of Use constitutes acceptance of those changes. The
Company reserves the right to
change, suspend, or discontinue the Service (including, but not limited to, the
availability of any feature, database,
or Content) at any time for any reason. The Company may also impose limits on certain
features and services or restrict
your access to parts or all of the Service without notice or liability. The Service is
available only to individuals who
are at least 18 years old (and at least the legal age in your jurisdiction). You
represent and warrant that if you are
an individual, you are at least 18 years old and of legal age in your jurisdiction to
form a binding contract, and that
all registration information you submit is accurate and truthful. The Company reserves
the right to ask for proof of age
from you and your account may be suspended until satisfactory proof of age is provided.
The Company may, in its sole
discretion, refuse to offer the Service to any person or entity and change its
eligibility criteria at any time. This
provision is void where prohibited by law and the right to access the Service is revoked
in those jurisdictions.
Trademarks
“Cutters Sports,” the Cutters Sports logo, and other marks indicated on our site are
trademarks owned
exclusively by Cutters Sports. The
use of these trademarks and trade dress is prohibited if used in connection with the
sale of any product that is not
Cutters Sports’s, in any manner that seeks to disparages or discredit Cutters Sports or
in
any manner that may cause
confusion among our customers.
Copyright
All content on this website, is the exclusive property
of Shock
Doctor. Said content includes text,
graphics, logos, icons, images,
audio and video clips, digital downloads, and software. Our content is protected by
United States and
international copyright laws and we reserve all rights contained therein. In case of
dispute or infringement, we
will rigorously defend our rights to this material.
Rules and Conduct
As a condition of use, you promise not to use the
Service for any purpose that is
prohibited by the Terms of Use or law. The Service is provided only for your own
personal, non-commercial
use. You are responsible for all of your activity in connection with the
Service. You shall not, and shall
not permit any third party using your account to, take any action, or Submit
Content, that:
- infringes any patent, trademark,
trade secret, copyright, right of publicity, or other right of any other
person or entity, or violates
any law or contract;
- you
know is false, misleading, or
inaccurate;
- is
unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene,
offensive, profane, or
invasive of another's privacy;
- constitutes unsolicited or
unauthorized advertising or promotional material or any junk mail, spam, or
chain letters;
- contains software viruses or any
other computer codes, files, or programs that are designed or intended to
disrupt, damage, limit, or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password, or other
information of the Company
or any third party;
- is made
in breach of any legal duty
owed to a third party, such as a contractual duty or a duty of confidence;
or
- impersonates any person or entity,
including any employee or representative of the Company.
Additionally, you shall not: (i) take any action that
imposes or may impose (as
determined by the Company in its sole discretion) an unreasonable or
disproportionately large load on the
Company’s or its third-party providers’ infrastructure; (ii) interfere or
attempt to interfere with the
proper working of the Service or any activities conducted on the Service; (iii)
bypass any measures the
Company may use to prevent or restrict access to the Service (or other accounts,
computer systems, or
networks connected to the Service); (iv) run Maillist, Listserv, or any form of
auto-responder or "spam" on
the Service; or (v) use manual or automated software, devices, or other
processes to "crawl" or "spider" any
page of the Site.
You shall not directly or indirectly: (i) decipher,
decompile, disassemble,
reverse engineer, or otherwise attempt to derive any source code or underlying
ideas or algorithms of any
part of the Service, except to the extent applicable laws specifically prohibit
such restriction; (ii)
modify, translate, or otherwise create derivative works of any part of the
Service; or (iii) copy, rent,
lease, distribute, or otherwise transfer any of the rights that you receive
hereunder. You shall abide by
all applicable local, state, national, and international laws and
regulations.
Designers agree to not abuse other users' personal
information. Abuse is defined
as using personal information for any purpose other than those explicitly
specified in the Designer ’s
Project.
Voting
All votes must be voluntary and uncompensated. Votes may not be cast by any automated
method. Entrants may not vote for
their own entries, may not compensate anyone in exchange for votes, or otherwise obtain
votes through fraud, coercion,
or other unfair means. Sponsor reserves the right to exclude any votes that have been
obtained in violation of these
Rules.
Registration
You may view Content on the Site without registering, but as a condition of using certain
aspects of the Service, you
may be required to register with the Company and select a screen name ("User ID") and
password. You shall provide
accurate, complete, and updated registration information. Failure to do so shall
constitute a breach of the Terms of
Use, which may result in immediate termination of your account. You shall not use as a
User ID, domain name, or project
name any name or term that (i) is the name of another person, with the intent to
impersonate that person; (ii) is
subject to any rights of another person, without appropriate authorization; or (iii) is
offensive, vulgar, or obscene.
The Company reserves the right in its sole discretion to refuse registration of or
cancel a User ID, domain name, and
project name. You are solely responsible for activity that occurs on your account and
shall be responsible for
maintaining the confidentiality of your password for the Site. You shall never use
another User account without the
other User’s express permission. You will immediately notify the Company in writing of
any unauthorized use of your
account, or other known account-related security breach.
Third-Party Sites
The Service may permit you to link to other websites or resources on the internet, and
other websites or resources may
contain links to the Site. When you access third-party websites, you do so at your own
risk. Those other websites are
not under the Company's control, and you acknowledge that the Company is not liable for
the content, functions,
accuracy, legality, appropriateness, or any other aspect of those other websites or
resources. The inclusion on another
website of any link to the Site does not imply endorsement by or affiliation with the
Company. You further acknowledge
and agree that the Company shall not be liable for any damage related to the use of any
content, goods, or services
available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by the Company and its partners and
Users and that the Content may
be protected by copyrights, trademarks, service marks, patents, trade secrets, or other
rights and laws. You shall abide
by and maintain all copyright and other legal notices, information, and restrictions
contained in any Content accessed
through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive,
non-sublicensable and non-transferable
license to use and reproduce the Content, solely for personal, non-commercial use. Use,
reproduction, modification,
distribution, or storage of any Content for other than personal, non-commercial use is
prohibited without prior written
permission from the Company, or from the copyright holder. You shall not sell, license,
rent, or otherwise use or
exploit any Content for commercial use or in any way that violates any third-party
right.
User Submitted Intellectual Property
By Submitting User Submissions on the Site or
otherwise through the Service, you
agree to the following terms:
- The
Company will not have any
ownership rights over your User Submissions. However, the Company needs the
following license to perform
and market the Service on your behalf and on behalf of its other Users and
itself. You grant to the
Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free,
sublicensable, transferable
right to (and to allow others acting on its behalf to) (i) use, edit,
modify, prepare derivative works
of, reproduce, host, display, stream, transmit, playback, transcode, copy,
feature, market, sell,
distribute, and otherwise fully exploit your User Submissions and your
trademarks, service marks,
slogans, logos, and similar proprietary rights (collectively, the
"Trademarks") in connection with (a)
the Service, (b) the Company’s (and its successors' and assigns’)
businesses, (c) promoting, marketing,
and redistributing part or all of the Site (and derivative works thereof) or
the Service in any media
formats and through any media channels (including, without limitation,
third-party websites); (ii) take
whatever other action is required to perform and market the Service; (iii)
allow its Users to stream,
transmit, playback, download, display, feature, distribute, collect, and
otherwise use the User
Submissions and Trademarks in connection with the Service; and (iv) use and
publish, and permit others
to use and publish, the User Submissions, Trademarks, names, likenesses, and
personal and biographical
materials of you and the members of your group, in connection with the
provision or marketing of the
Service. The foregoing license grant to the Company does not affect your
other ownership or license
rights in your User Submissions, including the right to grant additional
licenses to your User
Submissions.
- You are
publishing your User
Submission, and you may be identified publicly by your name or User ID in
association with your User
Submission.
- You
grant to each User a
non-exclusive license to access your User Submissions through the Service,
and to use, edit, modify,
reproduce, distribute, prepare derivative works of, display and perform such
User Submissions solely for
personal, non-commercial use.
- You
further agree that your User
Submissions will not contain third-party copyrighted material, or material
that is subject to other
third-party proprietary rights, unless you have permission from the rightful
owner of the material or
you are otherwise legally entitled to post the material and to grant Shock
Doctor all of the license
rights granted herein.
- You
will pay all royalties and
other amounts owed to any person or entity based on your Submitting User
Submissions to the Service or
the Company’s publishing or hosting of the User Submissions as contemplated
by these Terms of
Use.
- The use
or other exploitation of
User Submissions by the Company and Users as contemplated by this Agreement
will not infringe or violate
the rights of any third party, including without limitation any privacy
rights, publicity rights,
copyrights, contract rights, or any other intellectual property or
proprietary rights.
- The
Company shall have the right to
delete, edit, modify, reformat, excerpt, or translate any of your User
Submissions.
- The
Company cannot guarantee the
identity of any other Users with whom you may interact while using the
Service.
- All
Content you access through the
Service is at your own risk and you will be solely responsible for any
resulting damage or loss to any
party.
In accordance with the Digital Millennium Copyright
Act, Cutters Sports has adopted
a policy of, in appropriate circumstances, terminating User accounts that are
repeat infringers of the
intellectual property rights of others. Cutters Sports also may terminate User
accounts even based on a single
infringement.
Redemption Of Free Product And Coupon Offers
From time to time, Cutters Sports offers its clients
special offers and discount
codes to be used in conjunction with this website. These offers are frequently
disseminated via this website
and through email to those who have registered for our email database. They are
sometimes posted on our home
page (www.cutterssports.com) or announced
via other means of communication in conjunction with the promotion of the Shock
Doctor product collection,
including radio and TV broadcasts, internet forums and various online
websites.
We encourage our clients to redeem these special
offers, but we respectfully ask
that you not exploit them. Cutters Sports, at our sole discretion, will
determine
if all purchasing criteria
has been met to qualify for stated discount or free product. If you successfully
circumvent the software
safeguards of this website in order to receive several free products with your
order, then we will (at our
sole discretion) remove any extraneous free product from your order or cancel
the order in its entirety. You
will be informed of any order changes via the phone number or email address
listed with your order. Please,
play fair.
Termination
The Company may terminate your access to the Service, without cause or notice, which may
result in the forfeiture and
destruction of all information associated with your account. If you wish to terminate
your account, you may do so by
following the instructions on the Site. All provisions of the Terms of Use that by their
nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers,
indemnity, and limitations of liability.
Warranty Disclaimer
The Company has no special relationship with or fiduciary duty to you. You acknowledge
that the Company has no duty to
take any action regarding any of the following: which Users gain access to the Site;
what Content Users access through
the Site; what effects the Content may have on Users; how Users may interpret or use the
Content; or what actions Users
may take as a result of having been exposed to the Content. The Company cannot guarantee
the authenticity of any data or
information that Users provide about themselves or their campaigns and projects. You
release the Company from all
liability for your having acquired or not acquired Content through the Site. The Site
may contain, or direct you to
websites containing, information that some people may find offensive or inappropriate.
The Company makes no
representations concerning any Content on the Site, and the Company is not liable for
the accuracy, copyright
compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the
Service. The Company has no
obligation to monitor the Service or Content. The Company reserves the right to, at any
time, for any reason, and
without notice: (i) cancel, reject, interrupt, remove, or suspend a project; (ii)
remove, edit, or modify any Content,
including, but not limited to, any User Submission; and (iii) remove or block any User
or User Submission. Cutters Sports
reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind,
express or implied, including,
but not limited to, the implied warranties of title, non-infringement, merchantability,
and fitness for a particular
purpose, and any warranties implied by any course of performance or usage of trade, all
of which are expressly
disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and
content providers do not warrant
that: (a) the Service will be secure or available at any particular time or location;
(b) any defects or errors will be
corrected; (c) any content or software available at or through the Service is free of
viruses or other harmful
components; or (d) the results of using the Service will meet your requirements. Your
use of the Service is solely at
your own risk. Some states or countries do not allow limitations on how long an implied
warranty lasts, so the above
limitations may not apply to you.
The Company makes no guaranty of confidentiality or privacy of any communication or
information transmitted on the Site
or any website linked to the Site. The Company will not be liable for the privacy of
email addresses, registration and
identification information, disk space, communications, confidential or trade-secret
information, or any other Content
stored on the Company’s equipment, transmitted over networks accessed by the Site, or
otherwise connected with your use
of the Service.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO
GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE
LINKED TO THE SITE. The Company will
not be liable for the privacy of email addresses, registration and identification
information, disk space,
communications, confidential or trade-secret information, or any other Content stored on
the Company’s equipment,
transmitted over networks accessed by the Site, or otherwise connected with your use of
the Service.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of
its and its affiliates’
employees, contractors, directors, suppliers, and representatives from all liabilities,
claims, and expenses, including
reasonable attorneys' fees and other legal costs, that arise from or relate to your use
or misuse of, or access to, the
Service and Content, or otherwise from your User Submissions, violation of the Terms of
Use, or infringement by you, or
any third party using your account, of any intellectual property or other right of any
person or entity. The Company
reserves the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by
you, in which event you will assist and cooperate with the Company in asserting any
available defenses.
Limitation of Liability
This site is provided by Cutters Sports on an “as is”
and “as available” basis.
Cutters Sports makes no warranties, either expressed or implied, as to the
operation of the site or the
content contained therein. You expressly agree that your use ofwww.cutterssports.com is at your own risk.
Cutters Sports cannot warrant that this site, our
servers, or email communications
affiliated with the use of this website, are free from viruses. Cutters Sports
will not be responsible for any
damages of any kind resulting from use of this website, including but not
limited to direct, indirect,
incidental, punitive, and consequential damages.
International
Accessing the Service is prohibited from territories where the Content is illegal. If you
access the Service from other
locations, you do so at your own initiative and are responsible for compliance with
local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from Cutters Sports all communications
including notices, agreements,
legally required disclosures, or other information in connection with the Services
(collectively, "Contract Notices")
electronically. Cutters Sports may provide the electronic Contract Notices by posting
them
on the Site. If you desire to
withdraw your consent to receive Contract Notices electronically, you must discontinue
your use of the Services.
By creating a Cutters Sports account, signing up for a newsletter, purchasing a
product(s)
on Cutters Sports.com (or any
affiliated websites) and/or volunteering your email address anywhere on Cutters
Sports.com
(or any affiliated websites),
you are consenting to receive email notifications and communications from Cutters Sports
and employees of Cutters Sports.
You are also consenting to have your email shared with Cutters Sports’s trusted
services.
Governing Law
These Terms of Service (and any further rules, policies, or guidelines incorporated by
reference) shall be governed by
and construed in accordance with the laws of the State of California and the United
States, without giving effect to any
principles of conflicts of law, and without application of the Uniform Computer
Information Transaction Act or the
United Nations Convention of Controls for International Sale of Goods. You agree that
the Company and its Services are
deemed a passive website that does not give rise to personal jurisdiction over Shock
Doctor or its parents,
subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or
shareholders, either specific
or general, in any jurisdiction other than the State of California. You agree that any
action at law or in equity
arising out of or relating to these terms, or your use or non-use of the Services, shall
be filed only in the state or
federal courts located in San Francisco County in the State of California and you hereby
consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such action. You
hereby irrevocably waive any
right you may have to trial by jury in any dispute, action, or proceeding.
Integration and Severability
These Terms of Use and other referenced material are the entire agreement between you and
the Company with respect to
the Service, and supersede all prior or contemporaneous communications and proposals
(whether oral, written or
electronic) between you and the Company with respect to the Service and govern the
future relationship. If any provision
of the Terms of Use is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum
extent necessary so that the Terms of Use will otherwise remain in full force and effect
and enforceable. The failure of
either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights
hereunder.
Miscellaneous
The Company shall not be liable for any failure to perform its obligations hereunder
where the failure results from any
cause beyond the Company’s reasonable control, including, without limitation,
mechanical, electronic, production,
shipping, or communications failure or degradation. The Terms of Use are personal to
you, and are not assignable,
transferable, or sublicensable by you except with the Company's prior written consent.
The Company may assign, transfer,
or delegate any of its rights and obligations hereunder without consent. No agency,
partnership, joint venture, or
employment relationship is created as a result of the Terms of Use and neither party has
any authority of any kind to
bind the other in any respect. In any action or proceeding to enforce rights under the
Terms of Use, the prevailing
party will be entitled to recover costs and attorneys' fees. All notices under the Terms
of Use will be in writing and
will be deemed to have been duly given when received, if personally delivered or sent by
certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; or the day
after it is sent, if sent for next day delivery by recognized overnight delivery
service.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively,
"Content"), belongs exclusively to
the Cutters Sports Corporation, or its affiliates. The collection, arrangement, and
assembly of all Content on this Site
(the "Compilation") belongs exclusively to Cutters Sports Corporation. or its
affiliates.
All software used on this Site
(the "Software") is the property of Cutters Sports Corporation, its affiliates or its
Software suppliers. The Content, the
Compilation and the Software are all protected by U.S. and international copyright laws.
Cutters Sports and other logos,
slogans, trade names or words are registered trademarks, trademarks or service marks of
Cutters Sports Corporation, its
affiliates, suppliers, or third parties. The use of any of our trademarks or service
marks without our express written
consent is strictly prohibited. You may not use our trademarks or service marks in
connection with any product or
service in any way that is likely to cause confusion. You may not use our trademarks or
service marks in any manner that
disparages or discredits us. You may not use any of our trademarks or service marks in
meta tags without prior explicit
consent.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to
you, immediately terminate the
Agreement or revoke any or all of your rights granted under this Agreement. Upon any
termination of this Agreement, you
shall immediately cease all access to and use of the Site and we shall, in addition to
any other legal or equitable
remedies, immediately revoke all password(s) and account identification issued to you
and deny your access to and use of
this Site in whole or in part. Any termination of this Agreement shall not affect the
respective rights and obligations
(including without limitation, payment obligations) of the parties arising before the
date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may
contain products or references to
products that are not available outside of the United States. Any such references do not
imply that such products will
be made available outside the United States. If you access and use this Site outside the
United States you are
responsible for complying with your local laws and regulations.
Disclaimer And Limitation Of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH
PRODUCT ON THIS SITE, THIS SITE,
THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY US ON AN "AS IS" BASIS. WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY
AND SYSTEM INTEGRATION. THIS
SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT
THE CONTENT WILL BE
UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL
OR CONSEQUENTIAL DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR
THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO
US DURING THE MONTH IMMEDIATELY
PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due
to typographical error or error
in pricing or product information received from our suppliers, we shall have the right
to refuse or cancel any orders
placed for product listed at the incorrect price. We shall have the right to refuse or
cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit card has
already been charged for the
purchase and your order is canceled, we shall immediately issue a credit to your credit
card account in the amount of
the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by
third parties. You acknowledge
that we are not responsible for the operation of or content located on or through any
such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement.
Remedies
You agree that our remedy at law for any actual or threatened breach of this Agreement
would be inadequate and that we
shall be entitled to specific performance or injunctive relief, or both, in addition to
any damages that we may be
legally entitled to recover, together with reasonable expenses of any form of dispute
resolution, including, without
limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity,
including without limitation
damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions
shall imply any obligation to
grant any similar, future or other waiver.
Applicable Law
This site is created and controlled by us in the State of California, USA. As such, the
laws of the State of California
will govern these disclaimers, terms, and conditions, without giving effect to any
principles of conflicts of laws.
Disputes
Any dispute relating in any way to your visit to the Site or to the products you purchase
through the Site shall be
submitted to confidential arbitration in San Francisco, California, except that to the
extent you have in any manner
violated or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief
in any state or federal court in the State of California. You hereby consent to, and
waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in
the state and federal courts of
California. Arbitration under these Terms of Use shall be conducted pursuant to the
Commercial Arbitration Rules then
prevailing at the American Arbitration Association. The arbitrator's award shall be
final and binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party subject
to this Agreement, whether
through class action proceedings or otherwise. You agree that regardless of any statute
or law to the contrary, any
claim or cause of action arising out of, related to or connected with the use of the
Site or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be forever
banned.
Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed
several and shall not affect the validity and enforceability of any remaining provision.
Information on this site is not medical advice
Neither the information published on this Site, including product descriptions, nor the
information provided on any
product label or packaging are intended as a substitute for advice from your physician,
physical therapist, or other
healthcare professional. You should not use the information on this site or provided
with any product for diagnosis or
treatment of any health problem or for prescription of any therapy or other treatment.
You should always speak with your
physician or other healthcare professional before starting any diet or exercise program
or before adopting any treatment
for a health problem, or a suspected health problem of any kind.
Our Address
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