Terms of service
PLEASE READ THESE REQUIREMENTS CAREFULLY.
1. Acceptance of the Terms of Service.
The website https://trytwentytwenty.com/ (our “Website”), including any content, functionality, and services offered on or through https://trytwentytwenty.com/ (collectively, our “Services”) is operated by Twenty/Twenty Beauty, LLC (the “Company,” “we,” or “us”).
Our Services are provided for your information, and we hope you enjoy our Services. The following terms and conditions (these “Terms of Service” or “Terms”) are entered into by and between you and us. The following terms and conditions govern your access to our Website and use of our Services.
Please read these Terms of Service carefully before accessing out Website or using our Services. By accessing our Website, using our Services, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Refund Policy, our Shipping Policy, and our Cancellation Policy , and those additional terms, conditions, and policies referenced herein and/or available by hyperlink. For the avoidance of doubt, these Terms of Service apply to all users of our Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OUR WEBSITE OR USE ANY OF OUR SERVICES.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and offer our Services to you.
2. Minimum Age.
Our Services are intended solely for individuals at least the age of majority in your state or province of residence (the “Minimum Age”).
By using our Services, you represent and warrant that you are of at least the Minimum Age, and that you agree to abide by all of the terms and conditions set forth in these Terms. If you are not at or above the Minimum Age, you are strictly prohibited from using or providing any information on or through our Services in any format.
3. Information About You and Your Visits to our Website and Use of Our Services.
All information we collect on or through our Services is subject to our Privacy Policy, as applicable. By accessing or using our Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
We do not knowingly collect Personal Information (as defined in our Privacy Policy) from anyone under the Minimum Age without verification of parental consent. If we learn that we have collected or received Personal Information from a person under the Minimum Age without verification of parental consent, we will delete such Personal Information.
If you believe we might have any Personal Information from or about anyone under the Minimum Age, please contact us.
4. Changes to these Terms of Service.
We may revise and update these Terms of Service, from time to time, at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction shall not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access our Services so you are aware of any changes, as they are binding on you.
Any new features or tools which are added to our Website or made available through our Services shall also be subject to the Terms of Service. We may update the content on our Website or Services from time to time, but its content is not necessarily complete or up to date. Any of the material posted on our Website or made available through our Services may be out of date at any given time, and we are under no obligation to update such material.
6. Geographic Restrictions.
We are based in the State of New Jersey in the United States. Your information, including Personal Information, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. Your information will be collected on our servers in the United States, and processed by our service providers, contractors, or third parties where they are located. This means that this information may be transferred to—and maintained on—computers located outside of your territory where the data protection laws may differ than those from your territory.
By accessing or using our Services, or otherwise providing information to use, you understand and agree that
· you consent to the collection, processing, transfer, and storage of information about you in and to the United States and other applicable territories in which privacy laws may not be as comprehensive as or equivalent to the law in your country of residence;
· we make no claims that our Services or any of its content is accessible or appropriate outside of the United States;
· access to our Services may not be legal by certain persons or in certain countries; and
· if you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below. Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR. If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority, as applicable, unless the data transfer is to a country that has been determined to provide an adequate level of protection. Please use the contact information below if you have a question or concern about the policies or manner in which we treat your Personal Information.
7. General Informational Purposes Only.
We are not responsible if information made available on our Website or through our Services is not accurate, current, or complete. The material and content provided or accessible through our Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Our Website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of our Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Services.
Occasionally there may be information on our Website or made available through our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We undertake no obligation to update, amend or clarify information on our Website or made available through our Services, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that such information has been modified or updated.
To the fullest extent permitted by applicable law, (a) any reliance you place on such information is strictly at your own risk; and (b) we disclaim all liability and responsibility arising from any reliance placed on such materials by (i) you or any other visitor of our Services, or (ii) anyone who may be informed of any of its contents.
Our Services may include content provided by third parties. All statements and/or opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
To the fullest extent allowed by law, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. HEALTHCARE AND MEDICAL ADVICE DISCLAIMER.
We are not a healthcare provider and do not provide healthcare services through our Website or Services. We do not provide consumers with healthcare advice. Our Services do not provide and shall not constitute medical advice, diagnosis, or recommendations for treatment. Information included on our Website does not, and cannot, replace necessary medical consultations with qualified health or medical professionals with the training to meet the individual health or medical needs of you and your family. We shall not be responsible or liable, in whole or in part, for any medical treatment, healthcare, or decision made in reliance on or connection with our Services.
9. Accessing Our Services and Account Security.
Access to our Services is permitted on a temporary basis. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to withdraw or amend our Services and any content, material, or functionality we provide on or through our Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all our Services to users, including any registered users.
You are prohibited from violating or attempting to violate the security of our Website.
· making all arrangements necessary for you to have access to our Services; and
· ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and comply with them.
To access our Services or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of our Services that all the information you provide on our Services is correct, current, and complete.
You agree that all information you provide to register with our Services, to receive access to content or otherwise, whether through the use of any interactive features on or through our Services, is governed by our Privacy Policy, as applicable, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree:
· not to provide any other person with access to our Services or portions of it using your username, password, or other security information;
· to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security;
· to ensure that you exit from your account at the end of each session; and
· that you shall be solely responsible for any actions taken in connection with your account.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
10. Intellectual Property Rights.
Our Services and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by either United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
These Terms of Service permit you to use our Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print one copy of a reasonable number of pages of our Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
· modify copies of any materials from our Services; and/or
· delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.
You must not access or use for any commercial purposes any part of our Services or any content, materials, or functionality available through our Services.
If you wish to make any use of material on our Services other than that set out in this section, you must obtain prior written consent from the Company.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Service, your right to use our Services will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on our Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
12. Prohibited Uses.
You may use our Services only for lawful purposes and in accordance with these Terms of Service.
You agree not to use our Services:
· in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
· for the purpose of exploiting, harming, or attempting to exploit or harm any entity, individual, or minor in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
· to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
· to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; and/or
· to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services, or expose them to liability.
Additionally, you agree not to:
· use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services;
· use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
· use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
· use any device, software, or routine that interferes with the proper working of our Services;
· introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored or hosted, or any server, computer, or database connected to our Services;
· attack our Services via a denial-of-service attack or a distributed denial-of-service attack; and/or
· otherwise attempt to interfere with the proper working of our Services.
In the event that you breach any of the foregoing, we reserve the right, in our sole discretion, to report such breach to the relevant law enforcement authorities. In such event, we will cooperate with those authorities by disclosing your identity to them.
13. Monitoring and Enforcement; Termination; Remedies.
We have the right to terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right without prior notice to you to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services or utilizing data obtained through our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We reserve all rights and remedies available at law or in equity for any breach of these Terms of Service or applicable laws, rules, and regulations.
Our Services may permit you via interactive features (collectively, “Interactive Services”) to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, such as product reviews (collectively, “User Contributions”), on or through our Services.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to our Services will be considered non-confidential and non-proprietary. By providing any User Contribution on our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and in accordance with your account settings.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Services.
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates any law or these Terms of Service, including the Content Standards; infringes any intellectual property right or other right of any person or entity; threatens the personal safety of users of our Services or the public; or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates any laws or their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
· Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we may not review material, including User Contributions, before it is posted on our Website or through our Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is nudity, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
16. Copyright Infringement.
If you believe that any content on our Services violates your copyright, please contact us.
17. Online Purchases and Other Terms and Conditions.
All purchases through our Services or other transactions for the sale of goods, or information formed through our Services, or resulting from visits made by you, may be governed by separate terms, which shall be incorporated into these Terms of Service. Additional terms and conditions may also apply to specific portions, services, or features of our Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
In connection with the marketing and sale of products and merchandise through our Service, you hereby understand and agree as follows:
· We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
· We reserve the right to limit the quantities of any products or services that we offer.
· All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
· We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected.
· 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 household 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 e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
· We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
In addition to the above, you hereby understand and agree as follows:
· You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
· You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
18. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
To the fullest extent permitted by law and except as otherwise prohibited by law, we are not responsible, or liable to you or any third party, for the collection, processing, or disclosure of any information by third parties, as we have no control over their policies, procedures, or practices.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR SERVICES, ITS CONTENT, AND ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SERVICES IS AT YOUR OWN RISK. OUR PRODUCTS, MERCHANDISE, SERVICES, THEIR CONTENT, AND ANY SERVICES, PRODUCTS, MERCHANDISE, OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS WILL LIMIT NEW JERSEY CONSUMERS’ RIGHTS PROTECTED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THE PURCHASE OF OUR PRODUCTS OR MERCHANDISE EXCEED ONE HUNDRED US DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PURCHASE OUT OF WHICH LIABILITY AROSE, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS WILL LIMIT NEW JERSEY CONSUMERS’ RIGHTS PROTECTED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
21. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Service or your use of our Services, including, but not limited to, any use of our Services’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from our Services.
22. Governing Law and Jurisdiction.
All matters relating to our Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any term, provision, covenant or condition of these Terms of Service, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Service shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.
25. Entire Agreement.
The Terms of Service, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink, constitute the sole and entire agreement between you and the Company regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.
26. Contact Us.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
761 N. Monroe St
Ridgewood, NJ 07450