PLEASE READ THESE TERMS OF — USE AGREEMENT (the “Agreement”) CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF — USE. IF YOU DO NOT ACCEPT THESE TERMS OF — USE, DO NOT — USE THIS WEBSITE.
Eligibility and User’s Warranties and Representations.
We intend that this Website and the Products be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, this Website and Products should not be used by minors. If you do not qualify, you are not permitted to use this Website or order the Products and you do not have our consent to do so.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this Website.
We have the right to edit an order, deny shipment of an order, or deny shipment of part of an order, that includes an egregious pricing error that is not otherwise advertised as a sale, promotion, or discount. We may request payment in the event that an order has shipped that includes an egregious number of products with pricing errors, where the customer has obviously taken advantage of an error, and where the pricing errors were not otherwise advertised as a sale, discount, or promotion.
Links to Third Party Websites
We may provide links to web pages that are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this Website only provides links.
Use of the Website, Products and Services
The contents of this Website are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Products and the Website, in order to obtain information about, and/or to purchase the Products. This limited right and license does not include any resale or commercial use of this Website or its contents or the Products; any collection and use of any Products, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on this Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use of this Website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray us or any products or services offered on the Website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the Website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this Website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us, or third parties.
Warranty Disclaimers and Liability Limitations
We are the owner, distributor and publisher of the various products and services described and/or offered for sale on this Website (collectively the “Products”). We make no representation or warrantees with respect to the accuracy, applicability, fitness, non-infringement, or completeness of the contents of this Website or its Products.
The content of this Website and the Products are not intended to substitute for professional medical advice, diagnosis, or treatment. Always seek out a physician or other qualified professional for questions you have regarding any medical, health, psychological, or dietary condition. The content on this Website is for informational purposes only. You should not rely on the information on this Website and should seek advice of a medical or other appropriate practitioner regarding the regimen or treatment that might be right for you.
Many factors will be important in determining your actual results. No guarantees are made that you will achieve any results from the Products.
We expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose in connection with the Products or the Website or your use of same. We do not warrant that this Website, its servers, or email sent from the site are free of viruses or other harmful components.
We shall in no event be held liable to you or any other party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this Website or the Products, all of which are provided “as is”, and without warranties of any kind.
Our liability, and the liability of our affiliates, or any of our or their Officers, Directors, Employees, Agents, Contractors, or Suppliers to you or any third parties in any circumstance is limited to the purchase price paid by you for the Products or for use of this Website.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages or liabilities. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you might have additional rights.
We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Website or the Products.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates, and each of their and our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Website; and (vi) your use of this Website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
Release; Covenant Not To Sue
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our or their officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Products or your use of this Website, other than willful misconduct or our failure to honor an express commitment posted on this Website (i.e., if we fail to deliver Products to you which you paid for). If you are a California resident, you hereby 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at Amala, Inc., Global Marketing Group, 63 Stonebridge Road, Montclair, NJ 07042, and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of this Website or the Products, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the Website.
GeneralChoice of Law, Headings and Non-waiver.
This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Delaware, USA without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Delaware. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.
The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Entire Agreement; Amendment
This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the Website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using this Website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use this Website. This Agreement applies to your use of this Website or other sites that we may own or operate in the future, unless such sites provide otherwise.
The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.