Terms of Service

Effective April 25, 2015

KAMERYCAH TERMS OF SERVICE

Welcome to Kamerycah!

These Terms are an agreement between you and Kamerycah, Inc. and govern your use of the website made available at http:// www.kfucoidan.com, www.kamerycah.com, and their associated webpages and mobile applications (collectively, the “Site”), including all purchases made by you.  Kamerycah, Inc., along with its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents (collectively, the “Company,” “we,” “us,” or “our”) provide this Site to you subject to the following terms of service (the “Terms”).  The Terms include the Company’s Privacy Policy, which is available at http://www.kfucoidan.com/en/u30.aspx and which is hereby incorporated by reference (collectively, the “Terms”).  By using this Site, creating an account, and/or purchasing items through this Site, you acknowledge, agree, and consent to the Terms, so please review all of the Terms carefully. 

Both you and the Company agree, with the limited exceptions noted below, to resolve all disputes between you and the Company through BINDING ARBITRATION as further provided below.  ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

These Terms may be amended by us from time to time at our sole discretion.  Please periodically review the controlling, online version of these Terms.  By using or purchasing products from this Site subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree, and consent to such amendment. 

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

You represent that: (1) you are at least 18 years of age; (2) you are of legal age to form a binding contract; and (3) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. 

YOUR USE OF THE SITE

You may access portions of this Site without registering.  However, in order to access some portions and features of this Site, you may be required to register with and sign into the Site.  You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into the Site, and you are fully responsible for all activities that occur under this username and password.  Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at inquiry@kfucoidan.com.  If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. 

This Site may be linked to other websites.  You acknowledge and agree that the Company is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites.  The Company makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.  You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.  Inclusion of any third party link does not imply an endorsement or recommendation by the Company.

We reserve the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice.  You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. 

OUR INTELLECTUAL PROPERTY

The Company and our associated logos and names are our trademarks and/or service marks.  Other trademarks, service marks, names, and logos used on or through the Site, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners.  You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

Certain materials available on or through the Site are our Works (i.e., content we own, authored, created, purchased, or licensed).  Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Site.  We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Site. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.

CONTENT YOU SUBMIT

You and other users may be able to upload, post, create, make available, send, share, communicate, transmit, or submit (“Submit”) data, information, comments, ideas, or other types of content (collectively, “Content”) to or through the Site and other websites linked to on the Site.  You understand that all content Submitted by users of the Site (“User Content”) is the sole responsibility of the person from whom such content originated.  We do not make any guarantee whatsoever related to User Content.  Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You retain ownership of any intellectual property contained in your User Content.   However, you grant us a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Submit to or through the Site.  You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content.  In no circumstances will we be liable to you for any exploitation of any User Content that you Submit.  You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Submit.

You also grant other users of the Site a non-exclusive, royalty free license to access your User Content via the Site consistent with the terms herein and to engage in any reproductions, public performances, communications to the public, distributions, or public displays necessary to do so.

By submitting to us any comment or testimonial, you grant to us and our designees, successors, assigns and licensees the irrevocable, royalty-free right to publish, disseminate, and use your name and likeness, as well as your comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented.

The Company has no obligation of confidentiality, express or implied, with respect to any User Content that you Submit to us through the Site or through the Internet by email or otherwise, such as any questions, comments, suggestions, or the like.  The Company shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).  The Company shall be free to use any ideas, concepts, know-how or techniques contained in any communication from you to the Company for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without further authorization from you and without any compensation to you.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT FOR USER CONTENT AND LINKS

We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.  If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Site, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:  

By mail: Product Manager, 3878 W. Carson St. Ste 101, Torrance, CA 90503 

By email: inquiry@kfucoidan.com

By fax: 310-944-9871, Attention to Legal Department Manager.

To be effective, the notice of claimed infringement must include the following required contents:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly);
  • Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content. 

To leave a message for the Company’s Designated Agent by phone please call 310-944-9870. 

PROCEDURE FOR MAKING OTHER COMPLAINTS

If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Site, please contact us at inquiry@kfucoidan.com.

Where appropriate, we will work to prevent unlawful activity from taking place on or through the Site.

PROHIBITED CONDUCT/REPRESENTATIONS AND WARRANTIES

You represent and warrant that you will not use the Site to:

  • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
  • Act in a manner that negatively affects other users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  • Submit any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  • Submit any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  • Submit any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Submit any User Content for which you have not obtained all necessary written permissions and releases;
  • Misrepresent any fact (including without limitation your identity);
  • Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • Exceed your authorized access to any portion of the Site;
  • Collect or store personal data about anyone;
  • Modify without permission any part of the Site;
  • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Site;
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose; 
  • Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site.

PRICING AND PRODUCT DESCRIPTIONS

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur.  We reserve the right to correct such mistakes and errors.  In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product.  In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

SHIPPING

Please refer to our Shipping Policies at http://kfucoidan.com/en/shipping-information.aspx for more information on our shipping rates, policies and procedures.

RETURN POLICY

If you are dissatisfied with an item and need to return it, we’re here to help.  Please call us toll-free at (877) 316-8387.  You have up to 30 calendar days from the time you receive your item(s) to initiate a return.  Items ineligible for a return include: opened item, and damaged item (broken).  You are responsible for the initial and return shipping costs, and the refund will be less the amount charged for all shipping and handling. 

INDEMNIFICATION

You agree to indemnify and hold the Company and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees and expenses), based upon, relating to, or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein.  You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation. 

DISCLAIMER OF WARRANTIES

YOU USE THIS SITE IS AT YOUR SOLE RISK.  THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE AND CONTENT OR PURCHASES OBTAINED THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (1) THAT THIS SITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THAT THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (3) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; OR (4) THAT THE SITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THIS SITE.

NO INFORMATION, SERVICES, OR PURCHASES OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS.  YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE.  IF A PRODUCT OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH ON THIS SITE.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

RELEASE

If you have a dispute with one or more users of the Site, or with any party who provides advertising or third-party services, on, or through the Site, or with any party who provides a website linked to on the Site, you release the Company from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.  You also waive California Civil Code § 1542 which says:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

DISPUTES AND DISPUTE RESOLUTION

BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE

Both you and the Company agree, with the limited exceptions noted below, to resolve all disputes between you and the Company through BINDING ARBITRATION as further provided below.  ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your account, your purchases through the Site, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, which is discussed further below, is generally referred to herein as the class action waiver.)

GOVERNING LAW

Use of this Site, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your account, your purchases through the Site, or products purchased through the Site shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules.

FORUM SELECTION/JURISDICTION

Jurisdiction and venue for any dispute shall be in Los Angeles, California.  Each party submits to personal jurisdiction and venue in that forum for any and all purposes.  If this paragraph would render any other paragraph or provision of these Terms unenforceable, then jurisdiction and venue shall instead be in your home county of residence.

AGREEMENT TO PRE-ARBITRATION NOTIFICATION

These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below).  The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated.  In the event of a dispute, the claimant (whether you or the Company) shall send a letter to the other side briefly summarizing the claim and the request for relief.  If the Company is the claimant, the letter shall be sent to the shipping address last provided in connection with your purchase of the Company’s product.  If you are the claimant, the letter shall be sent to Kamerycah, Inc., Attn: Legal, 3878 Carson St. Suite 101, Torrance, California 90503.  If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

AGREEMENT TO ARBITRATE CLAIMS

Except to the limited extent noted below, use of this Site, use of your account, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, use of your account, and/or products purchased through the Site shall be resolved by final and binding arbitration.

The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association.  Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing.  The arbitrator will make an award based only on the documents.  This is called a Desk Arbitration.  If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing.  In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which, at the time these Terms were posted, is currently $200).  If your filing fee is more than $200, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration.  If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $200 base fee.  Finally, you may request from the arbitrator a waiver of this fee on the ground that you cannot afford it.  If the arbitrator concludes that a waiver is appropriate – using the same standards that would apply if you sought waiver from the Los Angeles Superior Court – then the Company will promptly reimburse the fee after it receives notice of the arbitrator’s waiver decision.  The Company will pay all of the arbitrator’s fees for hearing the matter, provided the amount claimed in your demand is less than $10,000.  If your demand equals or exceeds $10,000, then responsibility for payment of the arbitrator’s fees shall be determined in accordance with the applicable arbitration rules.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then the Company will pay you the amount of the award or $5,000, whichever is greater (in addition to reimbursing you for the base fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis.  Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim.  The arbitral award shall be judicially enforceable.  Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award.  Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure shall be null and void.

SMALL CLAIMS PROCEDURE ALTERNATIVE

Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration. 

OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of making your first purchase from the Company, you must send a letter to Kamerycah, Inc., Attn: Legal, 3878 Carson St. Suite 101, Torrance, California 90503 that specifies (1) your name, (2) your account username, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms.  All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation.  You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so.  Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

MISCELLANEOUS

These Terms constitute the entire agreement between you and the Company and govern your use of this Site and purchases made thereon.

These Terms supersede any prior agreements between you and the Company with respect to this Site and purchases made thereon.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.  For the purpose of clarity, the Company’s representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Any failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of such right or provision.  Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Site, by email, or by any other method of communication.  Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. 

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

 

 








  
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