Terms and Conditions
Terms and Conditions
Last updated: March 6th, 2023
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.
This website is owned and maintained by Klean Athlete, a Nestlé Health Science US brand, or its affiliates and subsidiaries (referred to herein as “Klean Athlete,” “we,” “us,” or “our” as applicable). These Terms and Conditions (“Terms”) govern your access to and use of our Website, shop.kleanathlete.com (the “Website”), and set out the basis upon which we sell goods through the Website.
1. ACCEPTANCE AND MODIFICATION OF THE TERMS
By accessing, browsing, and using our Website, you accept and agree, without reservation, to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, please do not access, or use our Website.
We reserve the right to update these Terms from time to time by posting a new dated version on the Website and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. It is your responsibility to stay informed of such changes and you are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Website following our posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not wish to accept and be bound by the modified Terms, you should not continue to access and use the Website.
2. REGISTRATION AND ACCESS RESTRICTIONS
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 agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
When you register on the Website, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we receive from those services often depends on your account settings and the privacy policies associated with those services, so be sure to check what those are.
4. INTELLECTUAL PROPERTY
The Website and its 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) (collectively, “Content”) are owned by Klean Athlete, its licensors, or are used with permission and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website 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 Content on our Website, except as follows: you may display, download and/or print one (1) copy of a reasonable number of pages of the Content made available on the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, provided that you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands.
No part of our Website and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, broadcasted, published, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for commercial purposes, without our express prior written consent.
All other rights are reserved. Except as expressly provided in these Terms, any use of our Website or Content (including Trademarks) is strictly prohibited.
The Klean Athlete brand, name, logos, trademarks, characters, and service marks (collectively “Trademarks”) displayed on the Website belong to Klean Athlete or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided in these Terms, is strictly prohibited. You are also advised that Klean Athlete will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
6. PROHIBITED USES
This Website may only be used for lawful purposes and in accordance with these Terms. You agree to comply with all applicable laws, statutes, rules and regulations regarding the Website and its use. You agree not to use the Website:
· 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 United States or other countries);
· To modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Website or any Content unless you obtain our prior written approval;
· To transmit, or facilitate the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
· To impersonate or attempt to impersonate Klean Athlete, a Klean Athlete employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Klean Athlete or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website;
· Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any Content on the Website;
· Use any manual process to monitor or copy any Content on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
· Use any device, software, or routine that interferes with the proper working of the Website;
· 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 the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
· Otherwise attempt to interfere with the proper working of the Website.
7. USER SUBMISSIONS
The Website may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, "User Submissions") to or through the Website. When you provide User Submissions, you grant to Klean Athlete a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (a) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution and without the requirement of any permission from or payment to you or any other person or entity; and (b) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials; and (ii) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
In your communications with us, please keep in mind that we do not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User Submissions and licensed to us as set forth above. In addition, Klean Athlete retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and Materials and there is no obligation us to pay or otherwise compensate you for any of your ideas or materials in any communications with us, whatsoever.
By providing User Submissions through the Website, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:
· Will be accurate and will comply with these Terms;
· Will be original with you or you have all necessary rights from third parties in order to post the User Submissions on our Website, without the need for any permission from or payment to any other person or entity to exploit, and to authorize us to exploit, such User Submissions in all manners contemplated by these Terms;
· Will be respectful of others’ opinions so we can continue to offer interactive features for everyone to enjoy;
· Will not cause injury to any person or entity, including as used by us in accordance with these Terms;
· Will not include medical or other professional advice;
· Will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;
· Will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
· Will not impersonate any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
· Will not include the personal information of others, such as another person's address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
· Will not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Website or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of "spam,"
· Will not contain advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent; and
· Will not violate applicable local, state, federal, and international laws, or regulations.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept, or otherwise make use of, User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
You are solely responsible for your interaction with other users of the Website, whether online or offline. You are and shall remain solely responsible for the User Submissions you distribute on or through the Website and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and you acknowledge that the use of any User Submission is at your own risk. We are not responsible or liable for the conduct of any user or content of any User Submission. We do not endorse the opinions, advice or recommendations posted or sent by users in any User Submission, and we specifically disclaim any and all liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to: firstname.lastname@example.org.
We cannot and do not assure that other users are or will be complying with the foregoing or any other Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
8. THIRD-PARTY LINKS
We will not be held responsible or liable, whether directly or indirectly, for the privacy practices or content of such third-party websites nor for any damage, loss or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such third-party websites or electronic services.
9. FITNESS, NUTRITION & HEALTH INFORMATION
Information presented on this Website is intended to impart general fitness, nutrition, and health information. We are not engaged in rendering medical advice or services and submission of information to the Website and use of any services available on the Website does not create a doctor-patient relationship. THE INFORMATION PRESENTED ON THIS WEBSITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services on the Website. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Please note that some of our websites are clearly directed to medical professionals and the information contained on these websites is not intended for general audiences.
10. ELIGIBILITY TO PURCHASE
To purchase any products on or through this Website, you must: (a) be at least eighteen (18) years of age; (b) provide us with valid payment information associated with a credit, debit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit, debit card or other payment method for the price of the products that you request, together with any taxes, fees, or shipping charges described on the Website.
We only sell through this Website to consumers located in the United States. We regret that we cannot accept orders from, or deliver to, anywhere else.
11. RESALE PROHIBITED
Sales from the Website are for consumer purchase only and not for commercial resale, distribution, or other business purposes and we may limit volumes of products sold to each individual purchaser accordingly. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
12. ORDERS & ORDER CONFIRMATION
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by email (or by other means if no email address has been provided) and your order will be cancelled and you will be automatically refunded. Please wait up to five (5) business days to receive your refund.
When you place an order through our Website, and our third-party payment processor has approved your payment details, we will confirm receipt of your order by sending an acknowledgment to the email address associated with your order. Please note that this is only an acknowledgment of your order and not our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order.
When we dispatch the products to you, we will send a confirmation to your email address which will be our acceptance of your order creating a legally binding sales contract between you and Klean Athlete subject to and in accordance with these Terms. If you wish to cancel your order after it has been placed, please contact us using the “How To Contact Us” section below. We have the ability to cancel an order up to twenty (20) minutes after it’s been placed; you can find instructions on how to do so under the ‘Ordering’ FAQs in our Help Center; thereafter your only option will be to return your order in accordance with our Returns Policy.
13. ORDER DETAILS & CHANGES
The descriptions, prices, availability, and other details of our products are those displayed on the Website on the date you place your order subject always to the provisions set forth below.
All prices are shown exclusive of applicable taxes and delivery charges which shall be calculated at checkout.
We may change the prices and other sales details on our Website at any time without notice to you. We will not, however, apply the new prices or details to orders we have already accepted in accordance with Section 12 (Orders & Order Confirmation) above.
You promise that you will provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order or may be delayed in delivering the products in your order. We are not responsible for any shipping or fulfillment errors that result from your failure to provide accurate information.
14. PAYMENT DETAILS
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least forty-eight (48) hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where more than one discount code has been applied to the cart.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, among other things, may include terms relating to your eligibility to use the discount code and a maximum order value. These terms are posted in connection with the applicable product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
Please familiarize yourself with these Terms as well as any terms and conditions applicable to the specific discount before you place an order as we reserve the right to reject or cancel any orders which do not comply with these Terms even if your credit or debit card has been charged.
15. REFER-A-FRIEND PROGRAM TERMS
These Refer-a-Friend Program Terms (the “Referral Terms”) apply to the Klean Athlete Refer-a-Friend Program described herein (“Referral Program” or “Program”). We offer the Referral Program to consumers who purchase products on our Website and are interested in qualifying for bonuses by referring friends to try Klean Athlete products.
By participating in the Referral Program, Users (defined below) are bound by these Referral Terms and agree to use the Program in the manner specified in these Referral Terms. If you do not agree to these Referral Terms in their entirety, then you are not authorized to register as a Referrer (defined below) or to participate in the Referral Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulation(s). All of our decisions are final and binding.
15.1 How the Referral Program Works
Once an individual makes a referral, he or she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”). A referred friend (“Referee”) must complete the referral as described in the referral message. “Users” (or “you”) refers to both “Referrers” and “Referees.” An “eligible” Referrer is one who is fully compliant with these Referral Terms. Each User may receive the specified reward only for each Qualified Referral based on their status as a Referrer or Referee. To be eligible as a “User,” you must (1) be at least 18 years of age; (2) be a legal resident of the United States; (3) not be a health care professional (or working on behalf of one); (4) not be an employee of Klean Athlete, its services providers, or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members; and (5) comply with these Referral Terms and all applicable federal, state and local laws and regulations. To be eligible to participate as a Referrer in the Referral Program, you must have previously placed an order on the Website and been a customer at the time you make the referral. Further, to be a valid Qualified Referral (defined below), the Referee must complete the purchase using the Referrer’s Personal Link, and the Referee cannot have previously placed an order on the Website. For clarity, if the Referee has an account on the Website but has not previously placed an order on the Website, then they are entitled to participate in the Referral Program through the ‘referral link’ only. If the Referee does not already have an account, they must first create one, making sure to insert the ‘referral code’ where prompted on the sign-up page.
For avoidance of doubt, a “Qualified Referral” means that all the following conditions are met:
· The Referee registered and completed their first purchase on our Website totaling more than $40 USD (after the application of any discounts, including those from this Referral Program) using the Referrer’s Personal Link. If a Referee purchases from or registers with us using any other method, the registration will not count as a Qualified Referral and the Referrer will not be entitled to the benefits or rewards of a Qualified Referral;
· The Referee had not previously made a purchase on the Website under any other email address or alias;
· The Referee is eligible as a “User” (as defined above); and
· Only one Qualified Referral can be earned for each Referee. Any additional or subsequent purchases made by a Referee will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
Referrers cannot refer themselves, create multiple, fictitious, or fake accounts on the Website, or participate in the Referral Program as “Referees.” No User may use the Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Referral Program. In addition, you may not (i) tamper with the Referral Program; (ii) act in an unfair or disruptive manner; or (iii) use any system, bot, or other device or artifice to participate or receive any benefit under the Referral Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.
The referral offer is valid only for intended recipients and cannot be combined with additional offers when available. Terms, conditions, features, availability, exclusions, pricing, fees, service, and support options are subject to change without notice.
PLEASE NOTE THAT YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE A REWARD IF THEY MAKE A QUALIFYING PURCHASE. If you do not do so, it is a violation of these Referral Terms and may result in your immediate termination from the Referral Program, disqualification from future participation, and forfeiture of any reward(s) owed to you as a result of your participation in this Referral Program.
For each verified Qualified Referral, the Referrer will receive one (1) reward in the form of an account credit valued at $10 USD for use toward future purchase on our Website, and the Referee will receive a Referral Program discount of 10% off their first full price order completed using the Referrer’s Personal Link.
If the Referee already has an account and has clicked through using the ‘referral link,’ the discount code will automatically be applied at checkout. If the Referee does not have an account, they must first create one, making sure to insert the ‘referral code’ where prompted on the sign-up page.
For the avoidance of doubt, any reward generated from the Program may only be spent on the Website, neither the Referrer nor the Referee is entitled to receive any payment of any kind, and any reward earned is not redeemable for cash. Rewards are not transferable in any way and may not be auctioned, traded, bartered, or sold.
For each Qualified Referral, the Referrer will receive the credit in the amount of $10 USD in their account approximately twenty-four (24) hours after the Referee's order has been dispatched in accordance with Section 12 (Orders & Order Confirmation) above. If the Referee cancels their order for any reason, the Referrer will not qualify for any reward credit. Please note that any credit accrued through the Referral Program that has not been used by the Referrer within twelve (12) months from the date of its accrual, will expire. We may exclude certain products from the Referral Program at our sole discretion anytime.
We reserve the right to cancel, modify, or terminate the Referral Program at any time for any reason, as well as the methods through which rewards are earned and the type or value of rewards. We reserve the right to disqualify any User at any time from participation in the Referral Program if he or she does not comply with any of these Referral Terms.
16. COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that any User Submissions or Content on the Website violates your copyright, please send us a notice using the following contact information:
Pure Encapsulations, LLC
Attn: Legal Department
33 Union Avenue
Sudbury, MA 01776
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
· A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material, which must include, if available, the exact URL where the claimed material is located and the exact location on the applicable page in the URL where the claimed material can be found;
· Information reasonably sufficient to permit us to contact the complaining party including, but not limited to, email addresses, mailing addresses and or phone numbers;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C.§ 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Your use of the Website, its Content, and any services or items obtained through the Website is at your own risk. The Website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the servers that makes the Website available will be virus-free or otherwise free of harmful components; or that information on the Website will be complete, accurate or timely. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the Website will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither we, nor any other party involved in creating, producing or delivering this Website, will be liable to you or any third party for any direct, indirect, punitive, consequential, incidental, or other damages of any kind arising out of or in any way related to your access to, or use of, this Website.
To the maximum extent permitted by applicable law, you expressly waive all claims against us, our officers, directors, employees, affiliates, suppliers and programmers that may arise from your use of or access to this Website.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to fully indemnify, defend and hold us, our officers, directors, employees, agents, affiliates, and suppliers, harmless from and against any claims, actions or demands, liabilities, losses, costs, expenses or fees (including reasonable legal and accounting fees), arising out of or relating to any breach of these Terms by you or your use of this Website, including, but not limited to, your User Submissions, any use of the Website, its Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
20. GOVERNING LAW AND JURISDICTION
These Terms and any dispute arising under the Terms shall be governed by, construed, and enforced in accordance with the law of the Commonwealth of Massachusetts, United States of America, without reference to its conflicts of law rules.
This Website is made available and intended for use by users located in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or appropriate for use outside of the United States. If you access or use the Website from outside of the United States, you do so on your own initiative and at your own risk. Whether within or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
21. ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
These Terms, including those incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
If any provision of these Terms shall be deemed unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions shall remain in place and continue in full force and effect.
Our failure to exercise or enforce any right or provision in these Terms shall not be construed as a waiver of that right or provisions or any other rights or provisions included within these Terms.
22. HOW TO CONTACT US
Have a question? Please visit our HELP CENTER.
To contact our corporate office, please write us at:
112 Technology Drive
Pittsburgh, PA 15275