Terms & Conditions
This website, www.earthspearl.com (the “Site” ), is operated by KG Physio Ltd, a company incorporated in England whose registered office is at Wisteria Grange Barn, Pikes End, Pinner, Middlesex, HA5 2EX. Throughout the Sites, the terms “we”, “us” and “our” refer to KG Physio Ltd. KG Physio Ltd offers these Sites, including all information, tools and services available from these Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us (a “Product” or Products”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (Users).
Please read these Terms of Service carefully before accessing or using our Sites or submitting any orders to us. These terms tell you who we are, how we will provide Products and Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
By accessing or using any part of the Sites, including by creating an account or submitting any information through the Sites, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS THESE SITES , SUBMIT ANY INFORMATION TO US THROUGH THESE SITES, BUY ANY PRODUCTS OR USE ANY SERVICES. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We may modify these Terms of Service from time to time without prior notice. Any modifications we make are effective as soon as we post them to the Sites. You should read these Terms of Service whenever you visit the Sites so that you are aware of any modifications. By using the Sites after modifications have been posted you agree to be bound by these Terms of Service as modified.
We also reserve the right to change, modify, or discontinue any portion of the Sites without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance. Any new features or tools which are added to our Sites shall also be subject to the Terms of Service.
Online Store Terms
By agreeing to these Terms of Service and/or placing an Order on the Sites, you represent that you are at least the age of majority in your country, or if applicable state or province of residence, or that you are the age of majority in your state or province of residence If you are under the Age of Consent (as defined below) (which may vary depending on where you live) or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf. When you place an order you are representing that you have the legal right to enter into a contract, and we rely on that representation.
The Products you may purchase through the Sites are meant to be for personal use, and not for resale. By placing an order through the Sites, you represent that you are not buying the Products for commercial purposes or any other commercial benefit. If we believe that your order would violate the Terms of Service or that you are engaging in fraudulent or grey-market activities, we reserve the right to refuse your order. Any orders placed in violation of this provision shall be null and void.
If you register or create an account, by doing so you agree to: (a) provide true and complete information; and (b) keep that information up to date. We may suspend or terminate your access to our Sites if we reasonably suspect that the information is false, inaccurate, not current, or incomplete.
You may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for the safety and security of your password and account login and for all activities that occur under your password or account identification. Unless you make us aware of unauthorized access to your account, we will assume that use of your account is authorized. We are not responsible for any consequences from unauthorized access to your account that come from your failure to protect your password and account login. We reserve the right to take reasonable steps to ensure the security of the Sites and your account. Those steps may include terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You may not use anyone else’s account at any time without their express permission.
We use reasonable security measures that are designed to protect personal information from loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can guarantee that the Sites is free of threats or other vulnerabilities. You use the Sites and transmit information to us at your own risk.
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 Sites 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 & Timeliness of Information
We are not responsible if information made available on these Sites is not accurate, complete or current. The material on these Sites 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 these Sites is at your own risk. If we determine that a product or service described on the Sites contains an inaccurate price or description, we reserve the right to take reasonable actions to correct the error, unless prohibited by law. The Sites may link to content that has various prices at various times. Improvements or changes may be made to content, information products, services, or programs described on the Sites at any time without notice. If you become aware of any pricing or descriptive errors or inconsistencies with any products or services accessed through the Sites, please notify us immediately. Your sole remedy in the event of an error is to return the product or cancel the service according to the terms of the return policy or relevant agreement.
The Sites 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 these Sites at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our Sites.
Modifications To The Service & 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.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products & services
Certain Products or services are available exclusively online through the Sites. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy
We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Services, Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on these Sites is void where prohibited by law or regulation.
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.
Placing Orders and accuracy of billing information
Our acceptance of your Order will take place when you receive your email confirmation (Order Confirmation) at which point a contract will come into existence between you and us. We are not responsible for any inaccuracies in the Order placed by you. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Sites. 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. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the shipping of any Products supplied under the Contract.
If we are unable to accept your Order, we will inform you of this within 12 hours of placing the Order and will refund you accordingly. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a specified shipping deadline. 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.
For more detail, please review our Shipping, Returns and Refund policy.
Intellectual Property & Acceptable Use
In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of these Sites, including any such content uploaded by Users. All Content included on these Sites unless uploaded by Users, is the property of KG Physio Ltd, our affiliates or other relevant third parties. By continuing to use the Sites you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission. You may, for your own personal, non-commercial use only retrieve, display and view the Content on a computer screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of KG Physio Ltd. Such new features and/or services shall also be subject to these Terms of Service.
Ownership of Content
Our Site includes a combination of content that we and other third parties create. Most of the content available through the Sites is trademarked or copyright protected. Some examples of protected content include:
- written content
- interface design and layout
- sound or video clips
- software code
- trademarks belonging to or identifying the Sites, its affiliates, and/or licensees.
You may not copy, imitate, or use any content from our Sites in any way without our prior written permission or the permission of the respective owner. If you would like to request permission to use any of the content on the Sites, please contact us.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
We respect the copyright interests of others and require our users to comply with these Terms of Service and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Sites violates these Terms of Service or your copyright please report the violation to the Sites and provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites (including the exact URL);
- An address, a telephone number, and an email address where we can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
- It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
Third Party Links
Certain content, Products and services available via our Service may include materials from third-parties.
Third-party links on this Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of the content of those websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or services of third-parties.
User Comments, Feedback & Other Submissions
We are pleased to hear from our users, and welcome your comments regarding our Products and Services. Unfortunately, our long-standing policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. So please do not send us any original or creative ideas, suggestions, or materials.
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 are 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.
Errors, Inaccuracies & Omissions
Occasionally there may be information on our Sites 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.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites 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.
Disclaimer of Warranties
OUR SITES IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITES, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT (A) OUR SITES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THE SITES WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) OUR SITES WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITES OR SOFTWARE WILL BE CORRECTED.
THE SITES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.
Limitation of Liability
IN NO CASE SHALL KG PHYSIO LTD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOSS OF USE, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, (A) THE USE OR INABILITY TO USE THE SITES, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITES, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF THE SITES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 IN THE US OR £100 POUNDS IN THE UNITED KINGDOM)
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITES, AND WE WOULD NOT PROVIDE THE SITES TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITES AND/OR THOSE SERVICES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, hold harmless and at our option, defend KG Physio Ltd our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, third-party information providers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your use of the Sites, your passwords and/or account information or your violation of any law or the rights of a third-party. These obligations will survive any termination of your relationship with the or your use of our Sites.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
You need our consent to transfer your rights to someone else (You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 Sites.
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). Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of the Sites or any other materials or information you have obtained from the Sites.
No delay or omission by the Sites to exercise any right or power occurring upon any breach of these Terms of Service shall impair any such right or power or be construed to be a waiver thereof. A waiver by the Sites of any breach of these Terms of Service shall not be construed to be a waiver of any subsequent breach.
Governing Law and Jurisdiction – European Users
These Terms of Service and any separate agreements whereby we provide you Services (defined as services and Products) shall be governed by and construed in accordance with the laws of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
Governing Law for American Citizens accessing the Services in the United States
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would. The decision of the arbitrator will be in writing and binding and conclusive on you and us, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, [INSERT]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you agree not to seek any attorney’s fees and expert-witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in Downtown Los Angeles, California. You and the Sites agree to submit to the personal jurisdiction of the state or federal courts located in Downtown Los Angeles, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: [INSERT].
You must provide your name, address, email that is associated with your Sites account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Sites, or within 30 days of substantive changes, if any, being made to these Terms of Service, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, we will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you agree to waive, to the fullest extent allowed by law, any trial by jury.
Class Action Waiver
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Service in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Sites.
The terms of this provision will also apply to any claims asserted by you against any of our affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
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 sSites. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Our sites are not directed to children under 13 years of age (or such other digital age of consent in your jurisdiction) (together, the “Age of Consent”) and we do not knowingly collect personal information from children under the Age of Consent. If you are under the Age of Consent you should not use our Sites, and under no circumstances should you send information about yourself to us. If we are made aware that a child under the Age of Consent has provided us with personal information, we will immediately delete that child’s information from the Sites.
Questions about the Terms of Service should be sent to us at KGP@makeheroes.co.