TERMS AND CONDITIONS OF SALE
Effective Date: 6/13/2023
Scope. THESE TERMS AND CONDITIONS OF SALE (“TERMS”) FORM A LEGALLY BINDING AGREEMENT BETWEEN US, SOUND UNITED LLC D/B/A MASIMO CONSUMER, AND YOU IF YOU TAKE STEPS TO PLACE AN ORDER TO PURCHASE A PRODUCT THAT WE OFFER FOR SALE (“PRODUCT”), EITHER ELECTRONICALLY OR THROUGH A SIGNED DOCUMENT WITH US. IN THE EVENT OF A CONTRADICTION BETWEEN THESE TERMS AND ANOTHER AGREEMENT BETWEEN YOU AND US, THESE TERMS SHALL PREVAIL TO THE EXTENT OF THE CONTRADICTION. PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE LIMITATIONS TO OUR LIABILITY, AMONG OTHER CLAUSES THAT MAY IMPACT YOUR DECISION TO ORDER PRODUCTS.
Eligibility. YOU MAY NOT ORDER OR OBTAIN PRODUCTS IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, (B) ARE NOT AT LEAST THE LEGAL AGE OF MAJORITY TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING, ORDERING, PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES BY APPLICABLE LAW. IF YOU ARE USING A WEBSITE OF OURS OR ONE OF OUR AFFILIATES TO MAKE AN ORDER, YOU AGREE THAT YOUR USE OF THE WEBSITE IS SUBJECT TO THE WEBSITE TERMS OF USE SHOWN THEREON.
Orders. By placing an order to purchase Products from us, you are making an offer to us to purchase Products. When a word appears in its plural form in these Terms, such as “Products”, the word also implies its singular form, where applicable, and vice-versa. All orders are subject to acceptance by us. For the avoidance of doubt, we may decline or limit the quantities on any order, in whole or in part, for any reason. If we have processed payment prior to non-acceptance of your order, we will issue a refund of any amounts actually received by us. Please note that it can take 7 business days or longer for the bank to transfer the funds to you. If we accept your order, we will notify you of the acceptance by sending you an order confirmation. These Terms shall form part of any order. Any term or condition you include in any order or other document you provide shall be of no force or effect. Our acceptance of an order shall not be deemed an acceptance of any conflicting or additional terms, and we hereby reject any different or additional terms or conditions that you propose.
Price. The price charged for a Product will be the price in effect at the time the order is placed and will typically be set out in your order confirmation email or another communication from us. If the price of a Product shown on our website at the time you make an online order for the Product is incorrect, we will contact you for instructions before shipping your order, or cancel your order and notify you of such cancellation. Product prices shown on our website or other materials may change from time to time without notice. Posted prices include standard shipping and handling costs using the freight carrier we select. Taxes and surcharges, if applicable, will typically be itemized separately on an order form and must be paid by you.
Payment Methods. You can find the available payment methods during the checkout process. Credit card payments, including recurring charges, are handled through third-party payment processors. These third-party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy. At the time you place your order, we pre-authorize your payment method for the total purchase amount plus applicable taxes, shipping charges and any other surcharges. When we accept your order, we collect payment from your selected payment method. By placing your order and making an offer to buy a Product, you authorize us to transmit information or to obtain information about you from third parties for purposes of fulfilling the order. This may include verification checks involving your debit or credit card number or credit reports, such as in order to authenticate your identity.
Certifying Credit Card Information. You represent and warrant that (i) you are at least the age of majority in your country, state or province of residence; (ii) the credit card information you supply is true, correct and complete, (iii) you are duly authorized to use such credit card for the purchase, (iv) charges incurred by you will be honored by your credit card company, and (v) you will pay charges incurred by you at the posted prices, including all applicable fees and taxes, if any.
Discount Codes. If a discount code is being offered or is available, you may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, including terms relating to your eligibility to use them and a maximum order value. Discount codes and other offer promotions are subject to these Terms, and any additional terms and conditions specific to the promotion offer.
Product out-of-stock. Occasionally, demand for products is so high it surpasses our supply. When this happens, we ask that you provide us with your email address so that we may notify you when we have further stock available.
Title. Title and right to the Products purchased by you from us shall remain with us until all amounts owed by you have been paid in full and we have shipped the Products to you. We may retake possession of Products if payment for the Product has not been made.
Risk of Loss. Risk of loss or damage to the Products purchased by you will pass to you upon our delivery of the Products to the carrier we select to ship the Products to your stated delivery address.
Delivery and Shipping. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any losses you may suffer as a result of our delays in shipments. If we are unable to ship products within the time anticipated or 30 days of receiving a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and refund any payment that has already been collected. It is your responsibility to provide complete and accurate delivery address information. We will not be liable if you provide incomplete or inaccurate information.
Cancellations. All sales of Products are final. If you recently placed an order and would like to cancel it, you may contact our customer service at the following link. If your order has not yet been processed, we will take reasonable actions to attempt to accommodate your cancellation request. However, if we are unable to cancel your order, you may still have the option of returning the Product by following the terms set forth in our Return and Refund Policy.
Return and Refund Policy. For Products ordered directly from us, we guarantee 100% satisfaction for 30 days from the date of purchase, or your money back, subject to the conditions in these Terms. If you are returning a Product that was purchased using a bundled product promotional discount, you must return all items in the bundle to receive a full refund. If the complete bundle is not returned, your refund will equal the amount you paid for the product bundle less the full standard prices that we set for the items not returned. We will not refund any shipping charges. We do not accept returns of Products purchased from anyone other than us, such as retail stores, department stores, or other locations or third parties that may sell Products. To receive your refund, you must follow the following steps:
(a) Your Product must be in the same condition that you received it and in its original packaging.
(b) Click here to request a return. To get started, please enter the email address that was used to place the order and the order number that can be found on your order confirmation email.
(c) Place return shipping label you receive clearly on the outside of the returned package. Our return department is not allowed to process packages without return shipping label that was provided to you by us after following the above steps, and no refunds will be issued for any packages returned without a return shipping label, including packages marked as “Return to Sender”. When using the return shipping label, shipping costs are paid by us.
(d) Returned products must be received within 10 days after you receive your return shipping label.
(e) Refunds will be issued only to the same payment method that was used in ordering the product. It generally takes about 7 to 14 business days to receive a refund. Refunds will be for the cost of the product. Shipping and handling are not refundable.
Restrictions. You agree to not engage in any conduct in respect to your use of the Product that could harm us or any third party or use the Product in a manner that violates any laws.
Limited Warranty. We warrant Products to be free of defects in material and workmanship for the product's limited warranty period shown in the limited warranty statement shipped with the Product (“Limited Warranty”) and available via the description of the Product on our website, which are incorporated by reference into these Terms. The limited warranty period starts on the original purchase date of the product. The Limited Warranty extends to the original purchaser of the product only. See the limited warranty statement for applicable terms, limitations, and the limited warranty period.
Disclaimers. WE MAKE NO WARRANTIES EXCEPT THOSE STATED IN THE LIMITED WARRANTY STATEMENT AND THOSE THAT CANNOT BE DISCLAIMED BY APPLICABLE LAW, INCLUDING IMPLIED WARRANTIES UNDER APPLICABLE STATE LAWS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (SUCH AS THE COST OF REPAIRING OR REPLACING OTHER PROPERTY WHICH MAY BE DAMAGED WHEN THE DEVICE DOES NOT WORK PROPERLY). NECESSARY MAINTENANCE OR REPAIRS ON YOUR PRODUCTS CAN BE PERFORMED BY ANY COMPANY, HOWEVER, DAMAGE CAUSED TO THE PRODUCTS BY YOU OR ANY NON-AUTHORIZED THIRD PARTY MAY VOID THIS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY.
Some States, jurisdictions and territories do not allow disclaimers of implied warranties, the exclusion or limitation of certain damages (such as incidental or consequential damages), or limitations on how long an implied warranty lasts, so the above limitations may not apply to you. We will not be liable for any damages whatsoever arising out of the use or inability to use Products, even if we have been advised of the possibility of such damages.
EXCEPT AS PROVIDED IN THESE TERMS, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF OUR PRODUCTS OR WEBSITE, INCLUDING BUT NOT LIMITED TO, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR PRODUCTS OR WEBSITE, AND INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR PRODUCTS OR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE MAXIMUM AGGREGATE LIABILITY OF OURS UNDER THESE TERMS SHALL BE LIMITED TO THE COST PAID FOR THE PRODUCTS PURCHASED ON OUR WEBSITE OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION. Some States, territories and jurisdictions do not allow the exclusion or limitation of certain damages (such as incidental or consequential damages), so the above limitation may not apply to you.
Indemnification. You agree to indemnify and hold harmless us and our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand, arising out of or related to (i) your access to or use of our website, (ii) purchase of Products, or (iii) your violation of these Terms.
Disclaimer of Advertisements and Links to Third Party Websites. We may from time-to-time display advertisements from third parties on our website or other materials. These advertisements may be in the form of a banner, link, pop-under or pop-up. To the fullest extent permitted by applicable law: (i) we are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked websites; and (ii) IN NO EVENT SHALL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE, OR FOR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS, OR WEBSITES.
Resolution of Disputes.
(a) Purpose. The term “Dispute” means any dispute, claim, or controversy, except as specifically excluded in Section 15(b) below, between you and us, or any of our Related Parties relating to your relationship with us or our affiliates, your use of the Products, our privacy practices, or the interpretation, application, or enforcement of these Terms (including the validity, enforceability or scope of this Section 14), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term Dispute is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between you and us, or any of our Related Parties that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 14, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
(b) Exclusions from Arbitration. You and we agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. You or we may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.
(c) Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 60 DAYS. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 60 days of the date that you accept, or anyone acting on your behalf accepts, these Terms unless a longer period is required by applicable law (the “Opt-Out Deadline”). Your written notification must be sent to [email protected] and must include: (1) your name, (2) your address, (3) the email address associated with your online account with us, if you have one, and (4) a clear statement that you do not wish to resolve Disputes with us through individual arbitration.
In order to validly terminate the arbitration agreement, we must receive your opt-out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. To use or assert your opt-out notice to contest the transfer of any Dispute to arbitration or to compel arbitration of any Dispute, you hereby agree to keep and present proof of your opt-out notice and its compliance with the procedures detailed in these Terms. You agree that failure to keep and provide this proof will forfeit your ability to rely on your opt-out notice to contest arbitration.
If, after your initial acceptance of these Terms, you have not submitted an opt-out notice by the Opt-Out Deadline, then you are bound by the binding arbitration and class action waiver provisions in these Terms. In the event that these Terms have not been modified or amended, and you subsequently communicate or reaffirm your acceptance to these Terms at a later time, this Opt-Out Right in this Section 14(c) shall not apply to that communication or reaffirmation. In the event these Terms are modified or amended, you may notify us in writing, and pursuant to the procedures listed above in this Section 14(c), within 60 days of the date that you accept the modifications or amendments to these Terms, that you choose to opt out of the modifications and amendments, but only with regard to the modifications or amendments, if any, that alter the arbitration and/or class action waiver provisions in these Terms.
(d) Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO [email protected] TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) your name, (2) your address, (3) your email address or phone number associated with your account, (4) your online membership ID, if any, (5) a brief description of the nature of the complaint, and (6) the resolution sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be resent before any arbitration or other legal action may be initiated against us. This requirement is intended to inform us that you have a Dispute to be resolved. You and we agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. All negotiations under this Section will be confidential and will be treated as compromise and settlement negotiations under all applicable laws. If you and we do not resolve the Dispute within 60 days from receipt of your notice of the Dispute, you or we may pursue a claim in arbitration pursuant to the terms in this section.
(e) CLASS ACTION WAIVER. YOU AND WE AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING, EXCEPT AS OTHERWISE DESCRIBED BELOW IN THIS PARAGRAPH AND THIS SECTION 14. IF APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE LIMITATION IS THIS PARAGRAPH AS TO A PARTICULAR REMEDY, THEN A CLAIM SEEKING THAT REMEDY (AND ONLY THAT REMEDY) MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT.
In addition to the AAA Rules, you and we agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under these Terms, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines, in an action between you and us where you purport to bring a class action, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other user, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
(f) Initiation of Arbitration/Selection of Arbitrator. If you and we are unable to resolve a Dispute through the pre-dispute negotiation process, you or we may then, and only then, initiate an arbitration proceeding with the American Arbitration Association (“AAA”), in accordance with the rules of the AAA (as applicable, and as modified by this Section 14), including the Commercial Arbitration Rules and Consumer Arbitration Rules, as applicable (the “AAA Rules”). The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling 1-800-778-7879. The terms of this section govern in the event they conflict with the AAA Rules. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that we shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by us.
(g) Arbitration Procedures. Because our relationship with you, or your use of the Products, concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. You and we agree that California law will be the state law that applies to these Terms. The arbitration shall be conducted in the English language.
We agree to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Dispute is for less than $1,000, we will reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, we will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we and you will bear the fees and expenses for each party’s own respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration. The parties agree that the arbitrator shall award arbitrator compensation, administrative fees, and the prevailing party’s reasonable attorney’s fees to the prevailing party in any legal proceeding, regardless of venue, that resolves a Dispute. Any arbitration will be confidential, and you and we agree not to disclose the existence, content, documents, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
(h) Arbitration Location. You or we shall initiate arbitration in Orange County, California. In the event any other legal proceeding takes place outside of arbitration, the parties agree to be subject to jurisdiction in and hereby choose Orange County, California as the parties’ exclusive venue.
(i) Arbitration Award. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in this section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration (pursuant to section 3 of the FAA). The arbitrator’s award will be binding and final, except for any right of appeal provided by the FAA or these Terms, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
(j) Severability. If any clause within this arbitration agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this arbitration agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable in its entirety, this entire arbitration agreement will be unenforceable, and the Dispute will be decided by a court.
(k) Continuation. This section survives any termination of these Terms or the provision of our Products or services to you.
Intellectual Property. You shall not use our trademarks, name, logo, likeness, trade dress, designs, patents, or other proprietary rights (“Intellectual Property”) without written permission from us. You shall not alter, cover, deface, remove, or otherwise change any of our Intellectual Property or make changes to any materials provided by us or in connection with Products. You shall not register any of our Intellectual Property in your own name or that of another unauthorized party.
Severance. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
Waiver. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Third Parties. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Amendment. We reserve the right to change these Terms from time to time at our sole discretion, but any changes will not apply to any orders placed prior to the change being made.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Notices. We may provide any notice to you under these Terms by posting an updated to the Website. Notices we provide by posting will be effective upon posting. It is your responsibility to check the website for updates.
Entire Agreement. These Terms (including any linked, referenced, or incorporated terms or policies) constitute the entire agreement between you and us with respect to the subject matter of these Terms.
Miscellaneous. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the posted Privacy Policy on our Website.
Contact Information. If you have any questions or comments, please feel free to contact us at the following link.