Terms & Conditions
TERMS OF USE
Annagen Biotech LLC
The
American Mollusks Beauty
Version
Date: [10/15/2018]
TERMS
OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (“user” or “you”) and The Annagen BioTech LLC and its affiliated companies, such as, The American Mollusks Beauty (collectively, “Company” or “we” or “us” or
“our”), concerning your access to and use of the theambb.com website as well as
any other media form, media channel, mobile website or mobile application
related or connected thereto (collectively, the “Website”). The Website sells
beauty products (“Company Services”). Supplemental terms and conditions or
documents that may be posted on the Website from time to time, are hereby
expressly incorporated into this Agreement by reference.
THESE TERMS CONTAIN AN ARBITRATION
AGREEMENT, WHICH WILL WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU
HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION
AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK
RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS.
Company
makes no representation that the Website is appropriate or available in other
locations other than where it is operated by Company. The information provided
on the Website is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject Company to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the permission
of, and be directly supervised by, their parent or guardian to use the Website.
If you are a minor, you must have your parent or guardian read and agree to
this Agreement prior to you using the Website. Persons under the age of 13 are
not permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
PURCHASES;
PAYMENT
Company bills you through an online billing account for purchases
of products and/or services. You agree to pay Company all charges at the prices
then in effect for the products you or other persons using your billing account
may purchase, and you authorize Company to charge your chosen payment provider
for any such purchases. You agree to make payment using that selected payment
method. Company reserves the right to correct any errors or mistakes in pricing
that it makes even if it has already requested or received payment. Company may
change prices at any time. All payments shall be in U.S. dollars.
Fees are exclusive of
taxes and you will pay or reimburse Company for all taxes arising out of this
Agreement, whether assessed at the time of your purchase or are thereafter
determined to have been due. “Taxes” means any sales, use and other taxes
(other than taxes on Company’s income), export and import fees, customs duties
and similar charges applicable to the transactions contemplated by this
Agreement that are imposed by any government or other authority. You agree to
promptly provide Company with legally sufficient tax exemption certificates for
each taxing jurisdiction for which you claim exemption.
Your account will be considered delinquent if you or your payment method
fails to pay the amount billed to it and that amount remains unpaid at the
beginning of the next accounting cycle. Your account may be suspended, archived
or purged from the Website if your account is delinquent for more than 30 days.
Company may choose to bill through an invoice. Full payment for invoices issued
in any given month must be received by Company 30 days after the mailing date
of the invoice, or the Company Service may be terminated. Unpaid invoices are
subject to interest of 1% per month on any outstanding balance or the maximum
permitted by law, plus all expenses of collection, including attorneys’ fees.
REFUND POLICY
All sales are final
and no refunds shall be issued except as qualifying under our Return Policy.
RETURN POLICY
Please review our
Return Policy posted on our Website prior to making any purchases.
REFUSAL OF ORDERS
Because customer service is paramount
to our business, we reserve the right to refuse to sell products to you if it
reasonably appears to us that you intend to resell the products. In addition,
we reserve the right to limit quantities of items purchased by each customer.
In addition, we reserve the right to cancel any order or part of an order, or
refuse service to anyone for any reason. Such reasons may include, but are not
limited to, unauthorized coupon use, product availability, and price
discrepancy.
USER
REPRESENTATIONS
By using the Company Services, you represent
and warrant that:
a.
all information you
submit is truthful and accurate;
b.
you will maintain the
accuracy of such information;
c.
you will keep your
password confidential and will be responsible for all use of your password and
account;
d.
you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental
permission to use this Website; and
e.
your use of the Company
Services does not violate any applicable law or regulation.
You
also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Website’s registration form and (b) maintain
and promptly update registration data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Company
has the right to suspend or terminate your account and refuse any and all
current or future use of the Website (or any portion thereof).
You are
responsible to Company for the violation of this Agreement by any employee or
agent of yours, any other person to whom you have given access to the Company
Services, and any person who gains access to your account as a result of your
failure to use reasonable security precautions, to the same extent as if you
had committed the violation yourself, even if such violation was not authorized
by you. You are responsible to Company for any fees arising from the use of the
Company Services by any of these persons, even if that use was not authorized
by you.
SUBMISSIONS
You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Company Services ("Submissions")
provided by you to Company are non-confidential and Company (as well as any
designee of Company) shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
PROHIBITED
ACTIVITIES
You may not access or use the Website for
any other purpose other than that for which Company makes it available.
Prohibited activity includes, but is not limited to:
a.
systematic
retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from Company;
b. tricking, defrauding or misleading Company and other users,
especially in any attempt to learn sensitive account information such as
passwords;
c.
engaging in any
automated use of the system, such as using any data mining, robots or similar
data gathering and extraction tools;
d.
interfering with,
disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website;
e.
attempting to
impersonate another user or person or using the username of another user;
f.
using the Company Service as part of
any effort to compete with Company or to provide services as a service bureau;
g. attempting
to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website;
h. harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you;
i. deleting the
copyright or other proprietary rights notice from any Website content;
j. except as may be the result of standard search engine or
Internet browser usage, using or launching, developing or distributing any
automated system, including, without limitation, any spider, robot (or
"bot"), cheat utility, scraper or offline reader that accesses the
Website, or using or launching any unauthorized script or other software; or
k.
using the Website in a
manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL
PROPERTY RIGHTS
The content on the Website (“Company
Content”) and the trademarks, service marks and logos contained therein
(“Marks”) are owned by or licensed to Company, and are subject to copyright and
other intellectual property rights under
Company
Content on the Website is provided to you “AS IS” for your information and
personal use only and may not be used, copied, reproduced, aggregated, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners. Provided that you are eligible to use the Website, you are
granted a limited license to access and use the Website and the Company Content
and to download or print a copy of any portion of the Company Content to which
you have properly gained access solely for your personal, non-commercial use.
Company reserves all rights not expressly granted to you in and to the Website
and Company Content and Marks.
THIRD PARTY
WEBSITES AND CONTENT
The Website
contains (or you may be sent through the Website or the Company Service) links
to other websites ("Third Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such
Third Party Websites and Third Party Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Websites accessed through the Website or any
Third Party Content posted on, available through or installed from the Website,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices or other policies of or contained in the Third Party Websites or the
Third Party Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Website or any Third Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Website
and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Website or relating to any applications you use or install
from the Website. Any purchases you make through Third Party Websites will be
through other websites and from other companies, and Company takes no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
PRIVACY
We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.
TERM
AND TERMINATION
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT
CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND
COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY
SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE
POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order to fulfill the purposes
of such provisions, need to survive the termination or expiration of this
Agreement, shall be deemed to survive for as long as necessary to fulfill such
purposes.
If Company terminates or suspends your account for any
reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or
suspending your account, Company reserves the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time
to time. Any and all changes to this Agreement will be posted on the Website
and revisions will be indicated by date. You agree to be bound to any changes
to this Agreement when you use the Company Services after any such modification
becomes effective. Company may also, in its discretion, choose to alert all
users with whom it maintains email information of such modifications by means
of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of
changes. You agree that you will periodically
check the Website for updates to this Agreement and you will read the messages
we send you to inform you of any changes. Modifications to this Agreement shall be effective after
posting.
To Services
Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Company Services (or any part thereof) with or
without notice. You agree that Company shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Company
Services.
DISPUTES
a. Governing Law;
Jurisdiction. This Agreement and all aspects of the Website
and Company Services shall be governed by and construed in accordance with the
internal laws of the State of Maryland, without regard to conflict of law
provisions. With respect to any disputes or claims not subject to informal
dispute resolution or arbitration (as set forth below), you agree not to
commence or prosecute any action in connection therewith other than in the
state and federal courts located in Baltimore City, State of Maryland, and you
hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts
for the International Sale of Goods is excluded from this Agreement. Additionally,
application of the Uniform Computer Information Transaction Act (UCITA) is
excluded from this Agreement. In no event shall any
claim, action or proceeding by you related in any way to the Website or Company
Services be instituted more than two (2) years after the cause of action arose.
b. Informal Resolution. To expedite resolution and control the cost of any dispute,
controversy or claim related to this Agreement ("Dispute"), you and
Company agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before
initiating any arbitration or court proceeding. Such informal negotiations
commence upon written notice from one person to the other.
c. Binding Arbitration
Agreement. If you and Company are unable to resolve a
Dispute through informal negotiations, either you or Company may elect to have
the Dispute (except those Disputes expressly excluded below) finally and
exclusively resolved by binding arbitration. Any election to arbitrate by one
party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA
website www.adr.org. The determination of whether a Dispute is subject to
arbitration shall be governed by the Federal Arbitration Act and determined by
a court rather than an arbitrator. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by
the arbitrator to be excessive, Company will pay all arbitration fees and
expenses. The arbitration may be conducted in person, through the submission of
documents, by phone or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by a party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Baltimore City,
Maryland, provided that arbitration governed by the AAA Consumer Rules will
take place at a mutually agreed location, and if not mutually agreed, at a
location determined by the AAA. Except as otherwise provided in this Agreement,
you and Company may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator.
d. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or aut