<p>
</p>
Terms and Conditions
<p>
By visiting or shopping on shipnowpaylater.co or its affiliate pages, you accept
the following conditions below.
The terms ‘we’ or ‘us’ or ‘our’ or
‘shipnowpaylater.co’ is in reference to the owner of the website.
The terms
‘you’ or ‘your’ is in reference to the user or viewer of our website.
Please read through these terms &.
conditions carefully before placing your
order and print a copy for your records.
When you use any current or future
shipnowpaylater service or business you will also be subject to these
guidelines, terms, and agreements ("Terms") applicable to such service or
business.
Also, read our Privacy Policy regarding personal information
provided by you, which is incorporated herein by reference.
</p>
<p>
shipnowpaylater reserves the right to make changes to the
shipnowpaylater.co website, its affiliate pages and its Terms &.
Conditions at
any time.
Each time you use the shipnowpaylater website, we advise that you
review the current Privacy Policy and Terms &.
Conditions that apply to your
transactions and use of this site.
In the case that you are not satisfied with our
website, its content, privacy policy or Terms &.
Conditions, you agree that your
only solution is to discontinue any use of our website or services.
ELECTRONIC COMMUNICATIONS
</p>
<p>
By visiting shipnowpaylater.co or e-mailing us, you are communicating with us
electronically.
When you communicate with us you consent to receive
information from us electronically.
We will communicate with you by e-mail or
by posting notices on all shipnowpaylater sites.
By continuing to communicate
with us, you accept that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
</p>
<p>
ACCEPTANCE/CONFIRMATION FOR ORDERS
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it establish confirmation of our
offer to sell.
shipnowpaylater reserves the right at any time after receipt of
your order to accept or decline your order for any reason.
</p>
<p>
SHIPPING / HANDLING: In stock product is shipped within one (1) business day from the time of initial
order and can arrive within 2-5 days, shipped via United States Postal Service
(USPS).
Orders made for products that are not in stock will be first
replenished, then shipped within one (1) day from the time of stock
replenishment.
Your package should arrive within 2-5 days, shipped via
USPS.
Please refer to the shipping calculator in your cart upon checkout for
details.
</p>
<p>
All products are shipped out of Salt Lake City, UT.
Orders are shipped using
standard ground mail service is shipped via USPS First Class Mail, unless
other means of shipping are purchased.
Packages usually arrive in 2-5
business days but can take longer.
</p>
<p>
Please be advised the USPS does not guarantee arrival dates or times.
All
shipping cost are the sole responsibility of the customer.
In the rare event that your order never arrives, notification of lost items must
be received within 30 days from receipt of the shipping confirmation e-mail.
We will conduct an investigation which could take up to 2 weeks.
This does
not guarantee a replacement.
</p>
<p>
Ship now pay later agreement:
By placing an order with us, you agree to our full terms and
conditions and privacy policy and the enrollment our trial program,
where you will immediately be billed the shipping and handling
amount of $6.95.
We will then immediately ship you your product.
In 15 days (10+5), your credit card will be automatically charged
the full retail price of $111.45.
</p>
<p>
RETURN POLICY:
We accept returns up to 30 days after purchase date.
If at any time you, the
customer, are unsatisfied with a product, we offer 24/7 customer service over
the phone to assist with your concerns at 800-794-4869.
Email us
at support@shipnowpaylater.com from Monday - Friday, 09:00AM - 05:00PM
PST.
</p>
<p>
If within the return period, you have contacted us to initiate return
proceedings, we will issue you, the customer, a Return Merchandise
Authorization (RMA) number by e-mail.
You have up to 14 days to fulfill the
RMA return process.
If after 14 days you have not yet fulfilled or contacted us
regarding the progress of your return, it is at our discretion to authorize an
RMA number or refund.
</p>
<p>
All returns, refunds and or exchanges must go through the Return
Merchandise Authorization (RMA) process.
Without valid RMA information
refund, return or exchange can be delayed up to 60 days.
Once we receive
the RMA’d package and confirm its contents, we will issue you a refund for the
cost of the products, minus shipping and handling expense.
Refunds will not
be issued until we confirm the returned merchandise and its condition.
Items
must be in like new condition.
Damage items will not be refunded.
Please contact our customer service team to initiate the RMA process.
Be
sure to clearly write the return merchandise authorization (RMA) number on
the outside of the box.
Without valid RMA information refund, return or
exchange can be delayed up to 60 days.
All shipping cost regarding returns,
refund and or exchanges are the sole responsibility of the customer.
WE DO
NOT PROVIDE PRE-PAID RETURN SHIPPING LABELS.
Returns or refunds for your unopened package can only be returned by
requesting an RMA number.
Return process is that same as described above
under “Return Policy”.
Please call Customer Service by phone at 800-794-
4869 or by email at support@shipnowpaylater.com for the proper return
address.
</p>
<p>
Address the return package within 30 days of your order date to:
shipnowpaylater Return PO Box 30111-51  .
Salt Lake City, UT 84130
Please be aware that your refund of the purchase price, less shipping and
handling, will be processed within 5-7 business days.
Refunds, once issued
can take up to thirty (30) days to appear on your credit card statement.
If you have any questions about whether a refund has been issued by us,
please email or call our customer service department.
Email: support@shipnowpaylater.com
Toll Free Customer Service phone: 800-794-4869
</p>
<p> AUTO-DELIVERY POLICY
If you have enrolled in one of our auto-delivery programs and wish to cancel,
you can do so by calling Customer Service at 800-794-4869 or by
emailing support@shipnowpaylater.com.
If you need to update or cancel your
auto-delivery, please be sure to call at least 72 hours before your next auto-
delivery is scheduled to bill.
</p>
<p>
RISK OF LOSS
All items purchased from shipnowpaylater are made pursuant to a shipment
contract.
This means that the risk of loss and title for such items are passed
on to you upon our delivery to the carrier USPS/DHL.
</p>
<p>
ORDER LIMITATIONS/LIMITED QUANTITIES
shipnowpaylater can, at its own discretion, limit or cancel quantities purchased
per person, per household or per order.
Also, we reserve the right to decline
any order placed with us by you, the customer.
These limitations include
orders placed by the same shipnowpaylater website, its affiliate pages, the
same credit card, and orders that use the same billing and/or shipping
address.
Should we choose to use our discretion and modify an order, we will
attempt to notify you by contacting the e-mail address provided by you at the
time the order was placed.
shipnowpaylater reserves the right to limit or
prohibit sales to dealers.
</p>
<p>
TERMS OF SERVICE
This Terms of Service (“TOS”) is a legally binding agreement made by and
between (“we” or “us”) and you, personally and, if applicable, on behalf of the
entity for whom you are using this website (collectively, “you”).
The TOS
governs your use of the website (“website”) and the services we offer on the
website (“Services”), so please read it carefully.
BY ACCESSING OR USING
ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THESE TOS.
IF YOU DO
NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE
WEBSITE.
</p>
<p>
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND
REGULATIONS CHANGE FREQUENTLY.
ACCORDINGLY, WE RESERVE
THE RIGHT TO MAKE CHANGES TO THE TOS AT ANY TIME.
YOUR
CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY
NEW OR MODIFIED PROVISION OF THESE TOS THAT MAY BE POSTED
ON THE WEBSITE.
</p>
<p>
1) Using the Website
(a) Eligibility.
Except as expressly provided below, Services may only be used
by, and Membership is limited to, individuals who can form legally binding
contracts under applicable law.
Without limitation, minors are prohibited from
becoming Members and, except as specifically provided below, using fee-
based Services.
Membership is defined by engaging in a purchase agreement
with wherein you, the consumer purchase one of the products found on the
website.
(b) Compliance.
You must comply with all of the terms and conditions of this
TOS, the policies referred to below, and all applicable laws, regulations and
rules when you use the website.
(c) License and Restrictions.
Subject to the terms and conditions of this TOS,
you are hereby granted a limited, non-exclusive right to use the content and
materials on the website in the normal course of your use of the website.
You
may not use any third party intellectual property without the express written
permission of the applicable third party, except as permitted by law.
The
website will retain ownership of its intellectual property rights and you may not
obtain any rights therein by virtue of this TOS or otherwise, except as
expressly set forth in this TOS.
You will have no right to use, copy, display,
perform, create derivative works from, distribute, have distributed, transmit or
sublicense from materials or content available on the website, except as
expressly set forth in this TOS.
You may not attempt to reverse engineer any
of the technology used to provide the Services.
(d) Prohibited Conduct.
In your use of the website and the Services, you may
not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity
or other right of any party.
(ii) defame, abuse, harass, stalk any individual, or
disrupt or interfere with the security or use of the Services, the website or any
websites linked to the website.
(iii) interfere with or damage the website or
Services, including, without limitation, through the use of viruses, cancel bots,
Trojan horses, harmful code, flood pings, denial of service attacks, packet or
IP spoofing, forged routing or electronic mail address information or similar methods or technology.
(iv) attempt to use another user’s account,
impersonate another person or entity, misrepresent your affiliation with a
person or entity, including (without limitation) the Website or create or use a
false identity.
(v) attempt to obtain unauthorized access to the website or
portions of the website that are restricted from general access.
(vi) engage,
directly or indirectly, in transmission of “spam,” chain letters, junk mail or any
other type of unsolicited solicitation.
(vii) collect, manually or through an
automatic process, information about other users without their express
consent or other information relating to the website or the Services.
(ix)
advertise, offer to sell, or sell any goods or services, except as expressly
permitted by the Website.
(x) engage in any activity that interferes with any
third party’s ability to use or enjoy the website or Services.
or (xi) assist any
third party in engaging in any activity prohibited by this TOS.
(e) Other Users.
If you become aware of any conduct that violates this TOS,
We encourage you to contact Customer Service.
We reserve the right, but will
have no obligation, to respond to such communications.
</p>
<p>
2) Your Content
(a) License.
By posting, storing, or transmitting any content on or to the
website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-
free, sub-licensable, right and license to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit and sublicense
such content in any form, in all media now known or hereinafter created,
anywhere in the world.
You hereby irrevocably waive any claims based on
moral rights or similar theories, if any.
(b) Objectionable Content.
We do not have the ability to control the nature of
the user-generated content offered through the website.
You are solely
responsible for your interactions with other users of the website and any
content that you post.
We will not be liable for any damage or harm resulting
from any content or your interactions with other users of the website.
We
reserve the right, but have no obligation, to monitor interactions between you
and other users of the website and take any other action to restrict access to
or the availability of any material that we or another user of the website may
consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing
or otherwise objectionable (including, without limitation, because it violates
this TOS).
</p>
<p>
3) Accuracy of Information We attempt to ensure that the information on the website is complete and
accurate.
however, this information may contain typographical errors, pricing
errors, and other errors or inaccuracies.
We assume no responsibility for such
errors and omissions and reserve the right to: (i) revoke any offer stated on
the website.
(ii) correct any errors, inaccuracies or omissions.
and (iii) make
changes to prices, content, promotions, product descriptions or specifications,
or other information on the website.
</p>
<p>
4) Sales Tax
If you purchase any products available on the website (“Products”), you will be
responsible for paying any applicable sales tax indicated on the website.
</p>
<p>
5) Fraud
We reserve the right to actively report and prosecute actual and suspected
credit card fraud.
We may, in our discretion, require further authorization from
you such as a telephone confirmation of your order and other information.
We
reserve the right to cancel, delay, refuse to ship, or recall from the shipper any
order if fraud is suspected.
We capture certain information during the order
process, including time, date, IP address, and other information that will be
used to locate and identify individuals committing fraud.
If any website order is
suspected to be fraudulent, we reserve the right to submit all records, with or
without a subpoena, to all law enforcement agencies and to the credit card
company for fraud investigation.
We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
</p>
<p>
6) Intellectual Property Rights
(a) Copyright.
All materials on the website, including without limitation, the
logos, design, text, graphics, other files, and the selection and arrangement
thereof are either owned by us or are the property of our suppliers or licensors
or other companies.
You may not use such materials without permission.
(b) Trademarks.
The related design marks, and other trademarks on the
website are owned by us.
Page headers, custom graphics, button icons and
scripts are trademarks or trade dress we own.
You may not use any of these
trademarks, trade dress, or trade names without our express written
permission.
</p>
<p>
7) Third Party Websites May contain links to other websites on the Internet that are owned and
operated by third parties.
We do not control the information, products or
services available on these third-party websites.
The inclusion of any link does
not imply our endorsement of the applicable website or any association with
the website’s operators.
Because we have no control over such websites and
resources, you agree that we are not responsible or liable for the availability or
the operation of such external websites, for any material located on or
available from any such websites or for the protection of your data privacy by
third parties.
Any dealings with, or participation in promotions offered by,
advertisers on the Website, including the payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely
between you and the applicable advertiser or other third party.
You further
agree that we shall not be responsible or liable, directly or indirectly, for any
loss or damage caused by the use of or reliance on any such material
available on or through any such site or any such dealings or promotions.
</p>
<p>
8) Linking and Framing
You may not deep link to portions of the website, or frame, inline link, or
similarly display any of our property, including, without limitation, the website.
You may not use any of our logos or other trademarks as part of a link without
express written permission.
</p>
<p>
9) Comments
All comments, feedback, suggestions, ideas, and other submissions that you
disclose, submit or offer to us in connection with your use of the website will
become our exclusive property.
Such disclosure, submission or offer of any
Comments shall constitute an assignment to us of all worldwide right, title and
interest in all patent, copyright, trademark, and all other intellectual property
and other rights whatsoever in and to the Comments and a waiver of any
claim based on moral rights, unfair competition, breach of implied contract,
breach of confidentiality, and any other legal theory.
You will, at our cost,
execute any documents to affect, record, or perfect such assignment.
Thus,
we will own exclusively all such right, title and interest and shall not be limited
in any way in the use, commercial or otherwise, of any Comments.
You
should not submit any Comments to us if you do not wish to assign such
rights to us.
We are and will be under no obligation: (i) to maintain any
Comments in confidence.
(ii) to pay to you or any third party any
compensation for any Comments.
or (iii) to respond to any Comments.
You are and shall remain solely responsible for the content of any Comments you
make.
</p>
<p>
10) Indemnification
You agree to defend, indemnify and hold the website, and its subsidiaries,
affiliates, and their directors, officers, agents, members, shareholders, co-
branders or other partners, employees, and Ad Partners harmless from any
liabilities, losses, actions, damages, claims or demands, including reasonable
attorneys’ fees, costs and expenses, made by any third party directly or
indirectly relating to or arising out of (a) content you provide to the website or
otherwise transmit or obtain through the Service, (b) your use of the Service,
(c) your connection to the Service, (d) your violation of this Agreement, (e)
your violation of any rights of another or (f) your failure to perform your
obligations hereunder.
If you are obligated to provide indemnification pursuant
to this provision, we may, in our sole and absolute discretion, control the
disposition of any Claim at your sole cost and expense.
Without limitation of
the foregoing, you may not settle, compromise, or in any other manner
dispose of any Claim without our consent.
</p>
<p>
11) Disclaimers, Exclusions and Limitations
(a) DISCLAIMER OF WARRANTIES.
WE PROVIDE THE WEBSITE, THE
PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE
WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL
BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS,
INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS,
OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER
HARDWARE OR SOFTWARE YOU USE.
WE MAKE NO WARRANTIES
OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY
DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS.
THIS WEBSITE
MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR
CURRENT EXPECTATION REGARDING FUTURE EVENTS AND
BUSINESS DEVELOPMENT.
THE FORWARD-LOOKING STATEMENTS
INVOLVE RISKS AND UNCERTAINTIES.
ACTUAL DEVELOPMENTS OR
RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE
OUR CONTROL.
(c) HEALTH RELATED INFORMATION.
WE PROVIDE INFORMATION ON
THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY.
IT IS NOT
MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER
HEALTH CARE PROFESSIONAL.
YOU SHOULD NOT USE THE
INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR
DIAGNOSING OR TREATING A MEDICAL CONDITION.
YOU SHOULD
CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS,
DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT
PACKAGING.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM
ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES.
WE WILL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF
GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH
THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE
CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE
LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH
THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO
THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100
OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
</p>
<p>
12) Force Majeure You acknowledge and understand that if the website is unable to provide the
Products as a result of a force majeure event the Website will not be in breach
of any of its obligations towards You under these Terms of Service.
A force
majeure event means any event beyond the control of the Website.
THE
WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY
OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH
FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
13) Domestic Use
Export Restriction.We control the website from our offices within the United
States of America.
We make no representation that the website or its content
(including, without limitation, any products or services available on or through
the website) are appropriate or available for use in other locations.
Users who
access the website from outside the United States of America do so on their
own initiative and must bear all responsibility for compliance with local laws, if
applicable.
Further, the United States export control laws prohibit the export of
certain technical data and software to certain territories.
No content from the
website may be downloaded in violation of United States law.
</p>
<p>
14) Arbitration
All disputes arising out of or relating to this TOS (including its formation,
performance or alleged breach) or your use of the website will be exclusively
resolved under confidential binding arbitration held in Wilmington, DE before
and in accordance with the Rules of the American Arbitration Association.
The
arbitrator’s award will be binding and may be entered as a judgment in any
court of competent jurisdiction.
To the fullest extent permitted by applicable
law, no arbitration under this TOS will be joined to an arbitration involving any
other party subject to this TOS, whether through class arbitration proceedings
or otherwise.
Notwithstanding the foregoing, we will have the right to seek
injunctive or other equitable relief in state or federal court located in New
Castle County, Delaware to enforce this TOS or prevent an infringement of a
third party’s rights.
In the event equitable relief is sought, each party hereby
irrevocably submits to the personal jurisdiction of such court.
You and shipnowpaylater.co agree that any dispute between us (including
disputes against any agent, employee, subsidiary, affiliate, predecessor in
interest, successor, or assign of the other) relating to our website, any
transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of shipnowpaylater.co products or
services, or communications between us, will be resolved exclusively and
finally by binding arbitration and the arbitration decision may be enforced and
judgment entered thereon in any court of competent jurisdiction.
You and
shipnowpaylater.co further agree that this arbitration agreement is made
pursuant to a transaction involving interstate commerce and shall be governed
by the Federal Arbitration Act (“FAA”), and not by any state law concerning
arbitration.
You and shipnowpaylater.co further agree that any determination
regarding the applicability, enforceability, or validity of this arbitration
agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING
UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A
JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or
panel of arbitrators, rather than by a judge or jury.
Arbitration is more informal.
however, an arbitrator can award the same relief that a court can award.
The
arbitration will be administered by the American Arbitration Association
(“AAA”) and conducted under AAA’s Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, the
“AAA Rules”) then in effect at the time of the dispute.
You may obtain copies
of the AAA Rules and forms and instructions for initiating arbitration by visiting
the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
If you
initiate arbitration, shipnowpaylater.co will promptly reimburse you for any
standard filing fee which may have been required under AAA’s Procedures
once you have notified shipnowpaylater.co in writing and provided a copy of
the arbitration proceedings.
However, if shipnowpaylater.co is the prevailing
party in the arbitration, applicable law may allow the arbitrator to award
attorneys’ fees and costs to shipnowpaylater.co.
If for any reason the AAA is
unavailable, the parties shall mutually select another arbitration forum.
</p>
<p>
15) Waiver of Class Action Rights
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE
ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS
IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH
THIS TOS MUST BE ASSERTED INDIVIDUALLY.
There shall be no right or authority for any claim to be arbitrated on a class
action basis or in a purported representative capacity.
No claim submitted to
arbitration is heard by a jury or may be brought as a private attorney general.
You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to
arbitration.
The arbitrator may not consolidate more than one person’s claims
against shipnowpaylater.co and may not preside over any kind of
representative or class proceeding against shipnowpaylater.co.
You
acknowledge that this class action waiver is material and essential to the
arbitration of any disputes between the parties and is non-severable from the
agreement to arbitrate claims.
If any portion of this class action waiver is
limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate
shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS
CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US
IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
PROCEEDING.
IF YOU DO NOT AGREE TO THIS ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN
WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE
PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS
OF YOUR FIRST ORDER OF THE PRODUCT.
</p>
<p>
16) Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, relating to,
or connected with your use of the website, must be filed within one calendar
year after such claim or cause of action arises, or forever be barred.
</p>
<p>
17) Modification of Terms of Service
We reserve the right to change or modify these Terms of Use at any time and
your continued use of this site will be conditioned upon the Terms of Use in
force at the time of your use.
You can always check the most current version
of the Terms of Use at this page.
</p>
<p>
18) Termination
We will have the right to terminate your access to the website if we reasonably
believe you have breached any of the terms and conditions of this TOS.
Following termination, you will not be permitted to use the website and we
may, in our discretion, cancel any outstanding Product Orders.
If your access
to the website is terminated, we reserve the right to exercise whatever means
we deem necessary to prevent unauthorized access to the website, including,
but not limited to, technological barriers, IP mapping, and direct contact with
your Internet Service Provider.
This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is
terminated by you or us or if you have the right to access or use the website.
</p>
<p>
19) Additional Terms
This TOS will be binding upon each party hereto and its successors and
permitted assigns and governed by and construed in accordance with the
laws of the State of Nevada without regard for conflict of law principles.
This
TOS and all of your rights and obligations under them may not be assignable
or transferable by you without our prior written consent.
No failure or delay by
a party in exercising any right, power or privilege under this TOS will operate
as a waiver thereof, nor will any single or partial exercise of any right, power
or privilege preclude any other or further exercise thereof or the exercise of
any other right, power, or privilege under this TOS.
You are an independent
contractor, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this TOS.
The invalidity or
unenforceability of any provision of this TOS will not affect the validity or
enforceability of any other provision of this TOS, all of which will remain in full
force and effect.
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<p>
20) Representations : <br>
You hereby represent and warrant that:
a) You are age eighteen (18) or older.
b) You have read this Agreement and thoroughly understand the terms
contained.
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