1. Application of Terms
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND SERVICES AND THE PURCHASE AND SALE OF OUR PRODUCTS. BY ACCESSING OR USING THE WEBSITE OR SERVICES, OR PURCHASING OUR PRODUCTS, YOU ARE ACCEPTING THESE TERMS (FOR YOURSELF AND ON BEHALF OF THE ORGANIZATION THAT YOU REPRESENT OR FOR WHICH YOU HAVE SIGNED UP), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS FOR YOURSELF AND, IF APPLICABLE, ON BEHALF OF THE ENTITY THAT YOU REPRESENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Section 11 of these Terms for more information.
2. Changes to the Terms
We regularly update and improve our Website, Products, and Services, and we may at times add, change, or remove features, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website or Services, or purchase our Products following any such change, you accept and agree to be bound by such modified Terms.
Use By Minors
We do not knowingly collect or solicit Personal Information from children under 18. If you are under 18, please do not attempt to purchase Products or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with Personal Information, please contact us.
4. Registration | Account Ownership
The Products and Services are intended for purchase and use by individuals who are at least 18 years old, and by agreeing to the Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Products and Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Services, and (iv) that your registration and your purchase of the Products and use or purchase of the Services is in compliance with any and all applicable laws and regulations. If you are purchasing the Products or purchasing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to invalidate your password and require you to change it if we believe it has become unsecure. We may reject any user name that violates these Terms, including any username that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications. If you are registering on behalf of your organization, you agree that your organization, and not us, are responsible for authorizing, deauthorizing, and administering account access.
We shall use commercially reasonable efforts to provide continuous access to the Website. We do not guarantee that the Website will be accessible at all times. The Website may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Website inaccessible for a limited amount of time due to unforeseen circumstances. We have the right to refuse to provide access to the Website or any part thereof. We shall not be liable to you or any other person, firm or entity for any unavailability of the Website or Services if such failure is due to any cause beyond our reasonable control.
6. Pricing | Payment
Pricing for our Products and Services are described on the applicable Website page(s). We may change our pricing at any time, which will be effective when posted. All prices are in U.S. dollars. We are not responsible for typographical errors.
You agree not to resell or offer for resale any of our Products (in original or other packaging, whether in whole or in part), or link to our Website for any purpose related to resale of our Products without our prior express written permission.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per person/company, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit orders. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed.
7. Telephone Calls and Call Recordings
When you place an order with us, you may be asked to provide us with a telephone number where we can reach you. Your telephone number may be required so that we can reach you with informational calls related to your orders. All calls to and from us may be monitored or recorded.
8. Return Policy
The following return policy applies only to Products purchased from our Website. Products purchased which are defective or damaged during shipping may be returned for replacement or credit within 30 days of purchase.
If you wish to make a return within the allotted timeframe, please contact us at 1-(800)-470-3248 or send an email to email@example.com, for return instructions. It is important that you contact us before returning any Products to ensure that you are eligible for a refund or replacement. Returned Products that are not eligible will not be processed and replacement product will not be shipped (or refund given) back to you. We reserve the right to decline to replace or accept return of Products if we suspect any abuse of our money back guarantee offer. Your return must be postmarked within the time allotted on the return authorizations instructions that are issued to you. Under certain circumstances, we may waive the 30-day timeframe at our discretion.
We do not pay for return shipping fees and do not refund any return shipping costs paid. Packages refused by you at the time of delivery may have a return fee deducted from the refund. To ensure proper credit to your account, we recommend that you obtain tracking information on your return package. Please save your shipping receipt until your refund has been received. Refunds are generally processed within 7-10 business days of receipt. Shipping costs are nonrefundable. Credits may take 48-72 hours to appear in your account once they have been processed. This timeframe is determined by your financial institution. Please refer to your financial institution for questions regarding this time frame. We are not responsible for any bank or credit card fees that you may incur.
9. Limitations of Liability
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, ENHANCED, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THESE TERMS OR OUR BREACH THEREOF, OR YOUR USE OR INABILITY TO USE OUR PRODUCTS, SERVICES, OR WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE WEBSITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF ACCESS TO THE WEBSITE, THE USE OF THE WEBSITE, OR OUR PRODUCTS OR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE OR OUR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE OUR CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, INCLUDING ANY OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO: (A) OUR PRODUCTS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE PURCHASED FROM US, (B) OUR SERVICES SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO US FOR THE SERVICES WITHIN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE ISSUE GIVING RISE TO THE POTENTIAL LIABILITY, OR (C) THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE WEBSITE.
Exceptions by Some States on Non-Allowance Exclusion:
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
IF YOU ARE A VISITOR TO OUR WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO PRODUCTS AND SERVICES USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
10. Patents, Inventions, Technical Data, and Indemnification
You do not and will not acquire ownership of or any other rights in our patents, inventions, technical data, and/or other intellectual property (such as brands, trademarks, trade names, and copyrights) under any order, regardless of when such patents, inventions, technical data, and/or other intellectual property may be or have been issued, conceived, generated, or produced. We reserve all of our rights in our patents, inventions, technical data, and/or other intellectual property, and you will not reproduce or use it for any purpose whatsoever without our prior written permission. We may provide technical assistance and information to you in connection with the sale of our Products, but such technical assistance and information are furnished for your accommodation and you are solely responsible for your business, including the application of such information, using your own technical expertise and know-how. You shall indemnify, defend and hold harmless us and our affiliates, and their respective officers, directors, employees and agents, from and against all liabilities, losses, claims, costs and expenses (including reasonable attorneys’ fees) related to any claim, investigation, litigation or proceeding (whether or not we are a party) that arises or is alleged to arise from your acts or omissions under these Terms or in any way with respect to your use of our Products (other than to the extent due to our breach of warranty, and, in such case, as limited under these Terms).
11. Disputes | Resolution
Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question, or disagreement shall be resolved by binding arbitration in Grand Rapids, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification, or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate
You and we agree that we will go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or (b) your violation of website content posting guidelines.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Location of Operation
Our Website is operated in the State of Michigan, United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
For all legal proceedings arising out of use of our Website, Products, or Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Michigan. Subject to the Arbitration clause set forth above, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Grand Rapids, Michigan, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties’ consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
You may not assign, convey, or transfer (whether by contract, merger, or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. We may assign these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and insure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Information in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your Personal Information on a confidential basis and subject to the use restrictions in these Terms.
Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation.
The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
You agree that we may provide you with notices, including those regarding changes to these Terms, by email to the address you provided at the time you create your user account or such changed address as you provide to us in your account data. Notices to us must be sent by overnight delivery service or by mail. Our address for notices is set forth below.
You may contact us as follows: