TERMS OF USE

Effective Date: 01/01/2024

General

This is a legal agreement between JARED AND ALANA INCORPORATED, a California corporation, d/b/a Skin Care by Alana and Skincare by Alana (“Alana Skincare”), and you (“you” or “User”), the user of the website, blog(s), mobile application, or similar service, product, or platform associated with these Terms of Use (“Site”). By accessing, browsing, or using the Site, you acknowledge that you: (i) have read, understand, and agree to be bound by these Terms of Use and Alana Skincare’s Privacy Policy ; and (ii) must comply with all applicable laws and regulations related to your use of the Site.

THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT ALANA SKINCARE’S LIABILITY TO YOU. PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY. BY USING THE SITE IN ANY MANNER, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS OF USE AND ALANA SKINCARE’S PRIVACY POLICY.

Your use of the Site is at your own risk. If you are dissatisfied with these Terms of Use, Alana Skincare’s Privacy Policy, the Site’s content, or other aspects of the Site, your sole remedy is to stop using the Site.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Modification of THESE Terms of Use

Alana Skincare may modify or revise these Terms of Use at any time by updating this webpage. Any alteration to the Terms of Use will be effective immediately upon posting, unless expressly stated otherwise. By using the Site after any modification or revision, you agree to be bound by the Terms of Use as modified or revised. You should visit this webpage periodically to review these Terms of Use.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

THIRD PARTY AND USER CONTENT

The Site may contain content or links posted by you, other users, or third parties (“Unaffiliated Content”). Alana Skincare is not responsible for monitoring the Unaffiliated Content, but Alana Skincare reserves the right to monitor and remove the Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content you submit to the Site will be considered part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including its accuracy, timeliness, and completeness, and for any claims of infringement concerning that Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant Alana Skincare an unlimited, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner that Alana Skincare determines in its sole discretion. If you do not agree to the foregoing, you should not submit any Unaffiliated Content to the Site.

Neither Alana Skincare nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “Affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither Alana Skincare nor any of its Affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Site is not to be considered an endorsement by Alana Skincare or any of Alana Skincare’s Affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Neither Alana Skincare nor its Affiliates is responsible for the content provided by any user of the Site and/or the conduct of any user, whether online or offline. Your use of or reliance on any Unaffiliated Content is at your own risk. By accessing the Site, you acknowledge that Alana Skincare merely acts as a passive conduit of the information made available by you, other users, or third parties. By accessing or otherwise using the Site, you acknowledge and assume all risks of harm, loss, or damage related to your use of the Site, and you hereby waive all claims and/or causes of action related to your use of the foregoing against Alana Skincare and its Affiliates.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

USER REQUIREMENTS AND RESPONSIBILITIES

In using the Site you shall not:

  • Send, post, transmit, or upload material or content that is threatening, harassing, defamatory, slanderous, or libelous;

  • Send, post, transmit, or upload material or content that is obscene or pornographic;

  • Send, post, transmit, or upload material or content that infringes on any trademark, copyright, or other intellectual property right;

  • Send, post, transmit, or upload, without proper authorization, information that you know or should know to be confidential, sensitive, or in breach of the law, including personally identifiable information;

  • Send, post, transmit, or upload viruses or other harmful, disruptive, or destructive files;

  • Send, post, transmit, or upload “spam” or “junk mail”;

  • Intentionally make false, deceptive, or misleading statements;

  • Advertise any product or service;

  • Use any Intellectual Property (as defined below) from the Site for a commercial purpose, including making any collection or use of any listings, descriptions, prices, or images of products;

  • Navigate or search the Site by using any program, software, tool, or other device with the purpose of mass-collecting data, including by using a data scraper, miner, spider, robot, or script;

  • Frame, mirror, or use any other framing programs on the Site;

  • Use any meta tags or other hidden text on the Site using Alana Skincare’s Intellectual Property;

  • Take any action that will interfere with the proper functioning of the Site; or

  • Employ automated means to access or use the Site.

You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.

You shall not copy any of the Site’s content or reverse engineer or break into the Site.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

MOBILE APPLICATIONS2

Regarding mobile applications that are part of the Site, if you have enabled GPS or other location-based features, you acknowledge that your device location may be tracked and used consistent with Alana Skincare’s Privacy Policy . You can terminate device location tracking by us by uninstalling the mobile application. In addition to these Terms of Use, your use of a mobile application that is part of the Site may also be governed by additional terms of use specific to that mobile application.

SITE Intellectual Property

All of the Site’s content (including text, trademarks, service marks, logos, music, sounds, videos, software, scripts, graphics, interactive features, or any downloadable content [collectively, “Intellectual Property”]) is protected by copyright, trademark, patent, trade secret, trade dress, and other laws in both the United States and elsewhere. You may not use, sell, modify, reproduce, display, distribute, create derivative works from, or otherwise exploit any of the Site’s content or any other intellectual property related to the Site without the prior written consent of Alana Skincare or the content’s owner. Without limiting the foregoing, you may not use Alana Skincare’s name, logo, trademark, or service mark in any manner without Alana Skincare’s prior written consent. Alana Skincare reserves all rights not expressly granted in and to the Site and the Intellectual Property. By accessing the Site, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of Alana Skincare. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. Nothing contained in these Terms of Use is to be construed as conferring upon you any license, title, or ownership interest in any of the Site’s content or any other intellectual property of Alana Skincare or any third party, whether by implication, estoppel, or otherwise, except as stated hereinabove.

COMMUNICATIONS

Any unsolicited material that you submit to Alana Skincare, including suggestions on how to improve the Site, will be considered non-proprietary, public information that may be used by Alana Skincare for any purpose, as determined by Alana Skincare in its sole discretion, without any compensation to you. Notwithstanding the foregoing, all information submitted to Alana Skincare will be handled in accordance with its Privacy Policy , which is incorporated into these Terms of Use by this reference.

By submitting information to Alana Skincare electronically, including by email, you are consenting to receiving communications from Alana Skincare electronically, including by email. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided here https://www.skincarebyalana.com/preference-center

 

PRODUCT INFORMATION

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or images (including, without limitation, with respect to product colors) or other content on the Site is accurate, complete, reliable, current, or error-free or that all products are available for purchase at all times. Unless explicitly stated otherwise by Alana Skincare, reference to, or sale of, products or provision of other information is not, and does not imply, Alana Skincare’s endorsement, sponsorship or recommendation thereof.

All information provided by Alana Skincare is intended solely for educational, informational, or personal purposes. The U.S. Food and Drug Administration has not evaluated all statements, if any, made by manufacturers about the products available through the Site, and results may vary amongst individuals. You should use all products only in accordance with their instructions, guidelines, and precautions, and you should always check the ingredients to avoid potential allergic reactions.

The products, information, and other materials on the Site are not intended to prevent, diagnose, treat, cure or manage any condition or disease, and the Site is not intended to provide medical advice or a substitute therefor. Please consult with your physician or other health care practitioner before using or relying on any goods, products, or information received from the Site or Alana Skincare. Minors should not use any goods or products available through the Site until a parent or legal guardian has discussed the good or product with the minor’s doctor. Alana Skincare does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Site, including any samples provided to you by Alana Skincare, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Alana Skincare. Alana Skincare reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Alana Skincare in its sole discretion. Except where prohibited by law, Alana Skincare may limit the number of products available for purchase.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PURCHASES

Any purchase of products from the Site or otherwise from Alana Skincare shall be in accordance with the prices and purchase options set forth at the time of purchase. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. You agree to pay all fees listed at the time of purchase or at the time of pickup (as indicated on your order form) to Alana Skincare. You agree to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.

Alana Skincare may use the services of third parties to perform certain vital functions, including handling payments for the products discussed herein. These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider.

We utilize commercially reasonable and industry standard measures and protocols to secure your information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your information.

CONTESTS AND SWEEPSTAKES

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as Alana Skincare’s Privacy Policy . If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply. 

INFRINGEMENT CLAIMS

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent, whose contact information is provided below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  1. A description of the copyrighted work that you claim has been infringed;

  1. A description of where the material that you claim is infringing is located on the Site;

  1. The address, telephone number, and e-mail address of the copyright owner or its agent;

  1. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  1. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Alana Skincare’s Copyright Agent can be reached at: alana@skincarebyalana.com or 27131 Calle Arroyo suite 1702, San Juan Capistrano, CA 92675

Alana Skincare will handle all notices it receives under this Section in accordance with the terms of the Digital Millennium Copyright Act.

NO WARRANTIES

YOUR USE OF THE SITE OR ANY OF ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES (INCLUDING ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. ALANA SKINCARE AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

The above disclaimers are made to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

IN NO EVENT WILL ALANA SKINCARE, OR ANY OF ALANA SKINCARE’S AFFILIATES, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE SITE’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALANA SKINCARE OR ANY OF ALANA SKINCARE’S AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Alana Skincare provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. Alana Skincare will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access the Site. Certain services offered through the Site may not be available in your area, and Alana Skincare will not be responsible for any such unavailability.

Indemnity

You shall defend, indemnify, release, covenant not to sue, and hold harmless Alana Skincare and its Affiliates from and against any and all claims, causes of action, lawsuits, arbitrations, proceedings, liabilities, damages, judgments, costs, or expenses (including attorney’s fees) asserted by third parties, including other users of the Site, arising out of or related to your use or alleged use of the Site, including any of the Site’s content, or your breach or alleged breach of these Terms of Use.

Disputes

All legal issues arising from or related to the use of the Site or to the subject matter of these Terms of Use are to be governed by, construed in accordance with, and determined by the laws of the State of California, without regard to any conflict of law principle that will cause the substantive law of another jurisdiction to apply. The exclusive venue for the resolution of all disputes, lawsuits, arbitrations, proceedings, or other actions arising out of or relating to the Site, these Terms of Use, or Alana Skincare’s Privacy Policy is Orange County, California, and User and Alana Skincare each hereby submit to personal jurisdiction to that forum and waive any claim or defense that it is an inconvenient forum.

SEVERABILITY

If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy contain the entire agreement between you and Alana Skincare concerning your use of the Site, superseding any previous negotiations, understandings, or agreements between you and Alana Skincare, whether written or oral.

ASSIGNMENT

You may not assign any rights, duties, obligations, or claims under, arising out of, or relating to these Terms of Use without Alana Skincare’s prior written consent. Alana Skincare’s rights, duties, obligations, and claims under these Terms of Use are freely assignable.

CONSTRUCTION

As used in these Terms of Use, the masculine, feminine, or neuter gender, and the singular or plural number, include the others whenever the context so indicates. The use of “including” in these Terms of Use is for purposes of example and illustration, and not for purposes of restriction or limitation.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you are charged for services, products, content, or information, pricing will be posted as part of the ordering process. If you have a question or complaint regarding the Site, please send an email by using the contact information below. Alternatively, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Any California residents under the age of eighteen (18) who have posted content or information on the Site can request that such information be removed from the Site by contacting us, at the e-mail or address set forth below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

NOTICES & CONTACT

All notices and contact concerning this Agreement and the Site should be sent to Alana Skincare as follows: alana@skincarebyalana.com or 27131 Calle Arroyo suite 1702, San Juan Capistrano, CA 92675

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.