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Use of Website


Invigorate Now, Inc. (the “Company”) offers you use of this Website and the information, including but not limited to the use of any text, photographs, audio, video, and any other materials (hereafter individually and collectively "information"), and the products distributed in conjunction with this Website (the “Website”), on your acceptance of these Terms of Use, our Privacy Policy, and other notices and agreements posted on this Website. Your use of this Website indicates your acknowledgment and agreement to these Terms of Use, Privacy Policy and other notices and agreements posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.


The Company shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.


The Company authorizes you to view and access a single copy of the content available on or from www.invigoratenow.com (individually and collectively referred to the "Website") solely for your use.


To use the services of this Website you must be 14 years of age or older, provided that if you are under 18 years of age your parents or guardians have reviewed the Website’s Terms of Use and Privacy Policy and you are using the Website with parental or guardian consent.


YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE.


VIP Preferred Customer Club Disclosure


If you try our VIP autoship club, you'll pay our low rate of $69 per month plus $8.95 S+H (or less depending on any special discounts or coupons you may have). If you like our product, simply keep and continue to use it. Every 30 days we will re-bill your credit card and ship you a fresh new supply of InvigorateNOW so you can continue to target the 3 fat triggers and see results with InvigorateNOW, provided you also diet and exercise. You can cancel at ANY time by notifying us at least 24 hours before your next billing cycle. You may also take advantage of our "No Questions Asked" 90-Day 100% Money Back Guarantee". You can reach us to cancel or refund your order by e-mailing customerservice@invigoratenow.com or calling 1-844-344-5326 (please leave a voicemail with your order #, name, and phone number if we are unable to answer the phone). Our customer service team will respond to you with a resolution to your inquiry. There is no commitment whatsoever, and if you choose to cancel, you will no longer be charged. I UNDERSTAND THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. BY PLACING MY ORDER, I PROVIDE MY ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST MY CREDIT OR DEBIT ACCOUNT UNLESS I CALL OR EMAIL TO CANCEL.

VIP Club Return Policy:


In order to obtain your full refund less S+H on your VIP club purchase, contact customer service by e-mail (customerservice@invigoratenow.com) or phone (1-844-344-5326) and we will send you an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the product back to our company headquarters (at the address listed below), within ninety (90) days of the date you originally ordered the product. In order for your full refund to be processed the product must arrive at our facilities within the guarantee period. You pay for return shipping. Once we have received the package, you will be issued a refund. Your refund will be credited back to your credit card or bank account from which the original purchase was made, and may take up to 3-10 business days to show in your statement, depending on the speed of the processing bank.

Invigorate Now c/o Riegel Warehouse Attn: Returns 445 County Road 101 Yaphank, NY 11980

Glucopure, Lumocore and Probiotic returns must be sent to: Invigorate Now, Inc. Attn: Returns 37 Inverness Drive East Suite 100 Englewood, CO 80112

Standard Return Policy:


While our customers love InvigorateNOW products and have seen spectacular results with them — if for any reason you tried our product/s and are not satisfied, or just want to exchange it for another quality product, you are fully guaranteed by our 90-day return/exchange period.
Just follow our simple process here to get started:

  1. Contact our friendly customer concierge team at 1-844-344-5326 or send an email to customerservice@invigoratenow.com . Please tell our concierge agent whether you’d like a Return or an Exchange and she will provide you with an RMA No. (Return Merchandise Authorization) or an EMA No. (Exchange Merchandise Authorization) and our Return Address.
  2. Please include both the unused and empty containers in the return package. Write the RMA No. or EMA No. on the outside of the shipping package, and send the product/s back to the Return Address provided (within 90 days from your date of purchase). Refunds are proportional to the amount of product returned, so if 3 bottles out of 6 bottle order are returned, customer will receive a 50% refund less s+h. For exchanges, please indicate what product/s you want to try (of equal or lesser value than your return product). Write the product name/s on a piece of paper and mail it with your return package.
  3. Note on Exchanges: Your order is eligible for our 90-day Preferred Exchange Program. Under this program, you can return any product you’ve purchased in exchange for another quality InvigorateNOW prodouct (of equal or lesser value) – with free shipping when we send your exchange package. All exchanges are final.
  4. Send the package via your preferred shipping courier (USPS is cost-effective and fast). Return shipping costs are the responsibility of the customer. You may opt to provide us the tracking/confirmation number for easy monitoring and a faster return credit. Please allow 3-10 business days for your return to be processed and reflected on your bank/credit account
  5. Important: Used or empty bottles are only eligible for returns if sufficient time has passed to consume the product as directed. For example, we will not accept 3 empty bottles (3-month supply) or 5 empty bottles (5-month supply) after only one or two months. We offer a fair return policy to you and in return, we ask that you be fair with us as well.

IMPORTANT NOTES/REMINDERS:

  • Guarantee Period: In order for us to issue your full refund or exchange, the product/s must arrive our facilities within 90 days of the original purchase date. (Ex. If your original purchase date is July 16, 2016 you should have returned products on or before October 16, 2016)
  • Refund Amount: Refunds are proportional to the amount of product returned. For example, if only 3 bottles out of a 6 bottle order are returned, customer will receive a 50% refund less S+H
  • For Return Postage: customers are responsible for postage costs, except for company shipment errors
  • For Exchange Postage: under our Preferred Exchange Policy, customers are only responsible for the return postage cost. You will receive free shipping when we send back the exchanged items.
  • Return Address: Invigorate Now c/o Riegel Warehouse Attn: Returns 445 County Road 101 Yaphank, NY 11980. For Glucopure and other products, send to Invigorate Now, Inc., Attn: Returns, 37 Inverness Drive East, Suite 100, Englewood, CO 80112
  • RMA/EMA: You must have an RMA or EMA number on your package before returning a product to us. Contact our concierge team by phone or email to receive this number.
  • Refused/Undeliverable: All packages returned to us as “refused” or “undeliverable” shall be refunded in full less original S+H fees and less any fees levied upon us by postal providers during return shipping.
  • Any product returns that do not comply with our stated return policies are subject to loss of refund, or a partial refund.

Your Conduct


This Website may be used only for lawful purposes of obtaining information about, and purchasing, the Company’s products. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:


Expected Results Disclosure


Individual results will vary. This is true of our product, as well as any other product on the market. Proper weight loss with InvigorateNOW and blood sugar support with Glucopure will come alongside a reduced-calorie diet & increased exercise. The free 14-Day Plan with each InvigorateNOW purchase will guide you through proper diet and exercise guidelines.



Model Disclosure


Models are shown for illustrative purposes. Some images and testimonials are paid models, and some are related to the company employees or officers. All models and testimonial providers have used InvigorateNOW products, but may not be long-term customers. Models may be remunerated, given product, or may be fictionalized based on real persons. Their use does not imply a personal endorsement for any product by them or anyone of their likeness.

Advertising Disclosure


This product (and all other products by Invigorate Now, Inc.) are advertised online and offline in various media outlets. You may see our ads on Facebook, Google, Bing, Yahoo, Taboola, Content.ad and various other online advertising providers. Web viewers may be tracked and served ads on numerous occasions via retargeting pixels. Offline advertising will be done through newspaper, print, and other outlets to customers or through rented mailing lists

Research Disclosure


Any studies cited as clinical proof pertain only to individual ingredients in the formula, and not to the product as a whole. No clinical studies have been performed on the InvigorateNOW line of products. Any and all health claims refer to use of the supplement with a reduced-calorie diet and increase exercise.

Devices, Security, etc


  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

  • Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.

  • If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose.

  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Internet Explorer).

  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

  • Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.

  • Framing of or linking to any of the website content or information available from this Website.

  • Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.

  • Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.

  • Engaging in any screen scraping or data acquisition and consolidation.

  • Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website.

  • Making any unauthorized commercial use of this website.


Site Security Rules


Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.


User Information


When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.


By submitting content or information, including but not limited to your personal information to any public or non-public area of this Website, you acknowledge that any such content or information is not confidential and that such content or information is accurate and true. You grant the Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license, without restrictions of any kind, without any payment or other consideration of any kind, and without permission or notification to you or any third party, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any visitor to the website to access, display, view, store and reproduce such content.


Use of Website Content


The Website content may contain inaccuracies or typographical errors. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, or current. Any reliance upon the information on this Website will be at your own risk.


The Company reserves the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.


Visitors are given the opportunity to comment and upload information to this Website. The Company is only a conduit for those postings. The Company has no obligation or responsibility to screen or verify the information posted by others, it cannot and does not represent or warrant the veracity, qualifications, skills, credentials, and experience of the information posted by others, nor does it have the obligation or responsibility to screen or monitor communications between users of this Website. The Company makes no endorsement of any person or any information posted to this Website.


The Company is under no legal obligation to, and generally does not, control or monitor the information provided by others that is made available through the Website, nor can it authenticate, guarantee the appropriateness, accuracy, reliability or endorse such information, and it has no liability or responsibility for such information. You acknowledge that any reliance on the information obtained through this Website will be at your own risk.


Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. It does not and cannot control the behavior of participants on this website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and Company has no responsibility or liability for any transactions, online or offline, between you and any third party.


If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of Counselor accessed through the website.


Links


This Website may contain links to other sites and banner ads that take a visitor to another Website. Please be aware that the Company is not responsible for the content or terms of use of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements. Also note that some links may point to affiliate content, in which Company is paid a commission when someone clicks the link and purchased a product. Affiliate products are only recommended after a review process.


Customer Comments


We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.


Registration and Password


You are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. Your membership may not be transferred or assigned.


Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement


If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by emailing info@invigoratenow.com and providing our designated copyright agent with the following information:


  1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

  2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

  3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

  4. Your name, address, telephone number and, if you have one, your e-mail address;

  5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

  6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.


We have designated our copyright agent (see below) to receive notices of claims of copyright infringement on our website. You can contact us as follows:


Copyright Agent: info@invigoratenow.com



DISCLAIMERS WITH REGARD TO THE PURCHASE AND USE OF THE PRODUCTS


To purchase products on this Website you must be 18 years of age or older.


The information available on this Website is for informational purposes only. The Company offers no express or implied guarantees or warranties regarding the use, health benefits, effectiveness, or whether or not any specific result will be obtained from the use of the products purchased on this Website. You are solely responsible for all actions taken with regard to the use of this Website and the products obtained from this Website.


The information contained on this Website and the products sold might not be suitable for your own personal circumstances, and you are solely responsible for deciding whether any of our products are suitable for your purposes. Those who purchase products on this Website use the products at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by purchasers of products on this Website.


Nothing contained on this Website is intended to diagnose, prevent, mitigate, treat, or cure any disease or physical conditions, prescribe or perform medical treatment, or interfere or substitute with the treatment of medical or other professionals. The law applicable to dietary supplements, the Dietary Supplement Health and Education Act of 1994, commonly referred to as DSHEA, does not permit us to do so and it is not our intention to do so.


The information provided on the Website, and the products sold on this Website, are provided and sold with the understanding that this Website does not have the intention of giving medical or any other type of professional advice, nor is the information contained on this Website or the products sold meant to be a replacement for medical or other professional advice and treatment. You are advised to consult with a doctor or other professional with regard to any physical ailment or disability or for the treatment of any physical ailment or disability.


By acceptance of any product purchased on this Website, purchaser agrees that neither this Website nor the Company, their agents, employees, representatives, or assignees shall have any liability to purchaser or any other third person whatsoever, for any claim, loss, damage or expense arising from use of the products.


Product images are for illustrative purposes only and the actual product may differ from the image. This Website attempts to be as accurate as possible when describing the condition of the products offered for sale.


No statements made by the Company have been evaluated by the Food and Drug Administration. No product sold on the Website is intended to diagnose, treat, cure or prevent any disease.


ADDITIONAL DISCLAIMERS


COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OR DELETION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.


THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN ANY EVENT, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, WILL NOT EXCEED THE COST OF THE PRODUCTS PURCHASED ON THIS WEBSITE.


YOUR LIABILITY


IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.


INDEMNITY


YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.


Breach of Agreement


Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.


Class Action Waiver and Other Restrictions


Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.


Additional Terms and Conditions


Company makes no claims that the website content may be lawfully viewed or accessed outside of the United States. Access to the website content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all local rules including, without limitation, rules with regard to the Internet, data, e-mail, privacy, copyright, and trademark infringement.


These Terms of Use, the website’s Privacy Statements, and other relevant documents constitute the entire agreement between you and Company with respect to the use of website.


No changes to these Terms of Use shall be made except by a revised posting on this page. Use shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in State of New York in connection with any action arising out of or related to these Terms of Use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.


If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.