HURRY AND SUBSCRIBE, BOX #4 IS ALMOST SOLD OUT!

Terms & Conditions

Welcome to the Terms & Conditions of the Ferrigno FIT Box! The use of this website (the "Site") is subject to the following terms and conditions of use, as amended from time to time (the "Terms"). Please read the Terms together with any other terms, conditions or disclaimers provided in any of the pages of our Site, and please review the Terms carefully. These Terms apply to all Site users, including without limitation, users who are customers, visitors, browsers, vendors and/or contributors of content. By using, accessing or purchasing from this Site, which is owned and operated by Box Boulevard, Inc. ("Box Boulevard," "we," "us," "our"), you acknowledge that you have read, understood and have unconditionally agreed to the following Terms and Privacy Policy (discussed in greater detail below). You may not use the Site, or any portion or component of the Site, if you do not agree with all of the terms set forth below. If, at any time, after having agreed to the Terms, you change your mind and do not agree to all Terms, you are no longer authorized to access the Site, use any of the Site’s services or place an order on the Site. We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending or discontinuing any aspect or feature of the Site, whenever we choose to and without notice of any kind. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Site or of any service, content, feature or product offered through our Site. We may impose additional rules or limits on the use of our Site. You agree to review the Terms regularly for changes or updates, and your continued access or use of our Site will mean that you unconditionally agree to any such changes and updates.

You agree to use our Site only for purposes that are lawful and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and are legally capable of entering into a binding contract.

You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems or any of our data.

The term "Site," when used herein, is deemed to refer to using the Site by means of a computer, a mobile device, a mobile application or through any other means.

Your License To Use Site:

Unless your access has been revoked to the Site, you have a personal, non-transferable, non-exclusive license to access and use the Site. We reserve the right to impose rules for, and limits on, use of the Site or to restrict your access to part or all of the Site and/or to restrict your ability to purchase items and/or subscription plans indicated as available on the Site, all without notice or penalty. We reserve the right to revoke your access at any time without notice for any reason, including as a result of a violation of these Terms.

We also reserve the right, in our sole discretion and without notice to you, to revise the products, services and/or subscriptions available on the Site, and the pricing of such products, services and/or subscriptions and/or any other charges in connection with such products and services, and to change, suspend or discontinue any aspect of the Site. We will not be liable to you or to any third party for engaging in any or all of such actions. Your continued use of the Site will constitute your unconditional acceptance of any such changes.

User Accounts:

In order to access certain areas or services of the Site, you will be required to register for a Site user account (an "Account"). During the registration process, you will be asked to provide certain information about yourself, including, without limitation, your name and email address. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Personal Data (as defined below); purchase or redeem subscriptions, purchase products offered on the Site, and otherwise manage your use of the Site. By visiting the Site, registering for an Account, or by purchasing any product or service offered on the Site as a guest without an Account, you agree: (i) to provide accurate, current and complete information about you as may be required during the registration process ("Personal Data"); (ii) to promptly update for accuracy and completeness the Personal Data and other information you provide to us; (iv) to accept all risks of unauthorized access to the Personal Data and any other information you provide to us; and (v) to notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at [email protected]. You further represent and warrant that: any Personal Data and/or other information that you submit to us through the Site or otherwise is true and accurate; you have reviewed these Terms; and you are fully able and competent to accept and agree to the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to honor and comply with these Terms. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy, which is set out in these Terms. 

We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to your using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site, is strictly prohibited unless authorized in writing by us. You agree not to change or delete any proprietary notices from materials downloaded from this Site or to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from using this Site. This restriction means, among other things, that you may not duplicate or reproduce, in whole or in part, on your own website or otherwise in any medium whatsoever any of the content, materials, elements, assets, properties (intellectual or physical), components or portions of this Site and you may not display through your own website any results pages or other information from this Site without our express written permission in each instance. Any use of the Site or any Site content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of our rights and/or the rights of third parties. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the names, likenesses, images, signatures, biographical information or any other rights of publicity or intellectual property of any public or private individuals who are referenced on the Site (either explicitly or implicitly), or any of our officers, directors, shareholders, employees, independent contractors or other visitors to the Site. 

You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally created or assigned to you, or modified or changed subsequent to such original creation or such assignment, as provided above whether or not such access to and use of the this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. Without limiting the effect of the preceding sentence, please immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.  Only individuals eighteen (18) years of age or older may use the Site and you acknowledge that you are at least eighteen (18) years of age.

You may receive emails regarding your Account or promotions for special offers, including third party offers. You may change your email preferences at any time in your Account settings. You can cancel your Account at any time without charge by contacting us at the email addresses and/or telephone numbers set out below. 

We may suspend or terminate your Account at any time, for any reason, and without advance notice at our sole discretion. We may also deny you access to all or parts of the Site without prior notice at our sole discretion including, without limitation, if you engage in any conduct or activities that we determine violates these Terms, any of our rights or the rights of any third party.

Prohibited Uses:

 

Use of the Site is limited to the contemplated functionality.  The Site shall not be used in any way that:

 

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access unauthorized content or non-public spaces;
  4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. attempts to damage, disable, overburden, or impair our servers or networks;
  7. attempts to gain unauthorized access to our computer network;
  8. attempts to gain unauthorized access to our user accounts;
  9. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  10. violates these Terms in any manner; or
  11. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

We reserve the right, in our sole discretion, to terminate any User License, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to use of the Site, that we reasonably believe is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

 

Ferrigno Fuel:

 

Ferrigno Fuel is a premium, pharmaceutical grade supplement line that is powered by Previnex. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact your physician directly for clarification as to recommended use.  You may also contact Previnex, the manufacturer of our supplements (such as Ferrigno Fuel) if you have any questions about the supplement product labeling or contents at [email protected], or mailed by post to PREVINEX Customer Service 790 Ritchie Highway, Suite E36, Severna Park, MD 21146. You may also contact Previnex Customer Service by phone at 877-212-0310.  We are not liable for any information provided on this Site with regard to recommendations regarding supplements for any health purposes. Consult with a healthcare professional before starting any diet, supplement or exercise program.  We make no guarantee or warranty with respect to any products or services sold.  We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.

  

Any information, these statements, and our products have not been evaluated or approved by the FDA and is not necessarily based on scientific evidence from any source.  These products are intended to support general wellbeing and are not intended to treat, diagnose, mitigate, prevent, or cure any condition or disease. If conditions develop or persist, please seek advice from your medical doctor.

 

Your Billing and Payments:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We will have the right to save your payment information and other Personal Data you provide to us for ease of future shipments and charges. All such Personal Data is subject to the Privacy Policy, which is available below. You are responsible for any fees or charges your issuing bank or credit card provider may charge you in connection with your activities on the Site. If your payment to us fails to be received by us, or once deposited is later withdrawn from us (other than as the result of a bona fide return or credit issued in accordance with these Terms), we may bill your account again and seek payment by any other methods available to us (including, without limitation by mailing you an invoice). We will endeavor to implement any new Personal Data and any other information you provide in relation to your Account, as expeditiously as is reasonably possible though such changes will likely not be reflected or applicable until changes are made in accordance with our regular updating practices. 

Box Information & Limitation on Quantities:

We strive to ensure that the information on the Site is complete and reliable (excluding any content, which may be submitted from time to time by visitors to this Site). Certain information may contain typographical errors and other errors or inaccuracies (including pricing errors), which we may correct from time to time without liability. We have made efforts to ensure the color and design and, when applicable, the functionality of our products are displayed as accurately as possible on the Site but do not guaranty the accuracy of such color, design or functionality. We also reserve the right to revise, suspend availability, or terminate any special events, promotions or offers at any time and without advance notice, at our sole discretion.

Your Box Purchase and Delivery Policy:

(a) General Information.

All purchases through the Site are subject to product availability. Once boxes are announced as Sold Out, we do not guarantee that the products described on our Site will be available for your purchase. We may, in our sole discretion, limit or cancel the quantities offered on the Site or limit the sales of offered products or services to any person, household, geographic region or jurisdiction. If, for any reason, an item is no longer in stock at the time you place an order, we will notify you and refund you any charges imposed by us upon you in connection with such order using the original method of payment as the means of issuing such credit. We reserve the right to not fulfill any order even if that order has been submitted and/or acknowledged and/or otherwise confirmed by us. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. 

Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on the Site are quoted in United States Dollars.

(b) Delivery Time. An estimated delivery time will be provided to you once your order is placed. Shipments of items under any subscription plans are generally set out in the FAQ section of the Site. Our estimates of delivery times are approximations based on our experience with the carriers we use to effect delivery. Estimated delivery times are to be used as a guideline only. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. You will be deemed to have acknowledged your acceptance of these delivery policies when you place your order. We will have no liability by reason of the delivery of any items you have ordered that might arrive after our estimated delivery date. 

 

(c) Sales Tax. The total price for your activity on this Site will include the price of the membership (if applicable) or product (if applicable) plus any applicable state and local sales taxes in effect at the time you confirm your purchase through the checkout process, and in connection with any subscriptions for which you have subscribed. Such state and local sales taxes to be charged will be based on the shipping origin and the sales tax rate applicable at the time of your purchase or, if applicable, at the time your subscription package is sent to you. We will charge sales tax only in states and other geographical designations where the goods sold over the Internet is taxable.

 

(d) Domestic Shipping Costs. Shipping costs are based on the weight of each product and/or box, and the delivery method. For individual purchases of merchandise on the Site, you will learn the total cost of your order (including estimated shipping charges), when you have proceeded to the checkout page, confirmed the items you are ordering, confirmed the delivery address and have taken the steps necessary indicated on the Site to confirm and place your order. You may receive an estimate of all charges relating to your order prior to confirming your purchase. To find out how much your individual order will cost, simply add the items you would like to purchase to your cart and enter the checkout page. Once at the checkout screen, your shipping charges will be displayed. Additional shipping charges may apply to remote areas, certain states inside the United States, military bases, or for large or heavy items. Your confirmation of your purchase will be deemed to be your acceptance of all charges (including any estimated charges and actual charges which differ from such estimates to a reasonable degree). Shipping costs applicable to subscription plans will also be based on the package being delivered, the delivery method and the delivery destination, and will be added to the cost of your subscription when shipments are made. If you have questions about shipping charges either before you subscribe or at any time thereafter, please contact our customer support team at [email protected] Your completion of our subscription procedures will constitute your acknowledgement that you have approved of our shipping cost terms and procedures.

 

(e) Orders Outside Of The U.S. The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient.

 

(f) Returns. We do not accept returns or exchanges unless the item you purchased is proven to be defective other than as a result of your mishandling or improperly using the item, which must be proven by you as the customer. If you receive a defective item, please contact us at [email protected] with details of the product and the defect, photos, and any other necessary information and we will use our reasonable commercial efforts to determine a workable solution. Upon receipt of the returned product, if necessary, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product (if it is still available) or refund the purchase price, using the original method of payment. Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. We do not guarantee that we will receive your returned item and will not be responsible if your returned product is not received by us. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping. Damage to packaging materials or the box itself will not be considered as part of a damaged item. Refunds will be given for returned purchases at the discretion of our customer support representatives.

 

(g) Risk of Loss from Shipments. A third-party carrier will ship merchandise purchased from our Site. Accordingly, title and risk of loss or damage for such merchandise will pass to you upon our placing that merchandise within the custody and control of the carrier. All missing or damaged shipments of items must be reported within fifteen (15) days of shipping to qualify for consideration for replacement (subject to product availability) or refund. If the product is available, a replacement will be shipped and a refund will not be issued.

 

(h) Questions. If you have any questions about the delivery and shipment or your order, please contact us ato: [email protected]

Or
By mail to: Box Boulevard. 2150 Park Place. Suite 100. El Segundo, CA 90245

Copyright Claims

If you believe that anything on the Site infringes upon any copyright or other property right that you own or control, please file a notification of such infringement with our Designated Agent whose contact information is as follows: Box Boulevard, Inc. Attn: Box Boulevard Legal. Email Address: [email protected]
 
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification to us concerning claims that we have violated any copyrights which you assert belong to you or are under your control. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Privacy Policy: 

(a) Information You Provide. You may visit and enjoy many elements of our Site without disclosing any personal information about yourself. However, to make use of select, special or enhanced elements of the Site, you will need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements (e.g., create a profile, register for a promotion, make a purchase, or purchase a subscription), the personal information we collect may include, but is not limited to, your full name, your email address, an account password, your street address, your telephone number(s), your birthdate, payment or credit card information and location data, and other personal data as detailed in this Privacy Policy and data that may be requested from and provided by you by the Site or our customer service team. If we attempt to collect such information, in most instances, the applicable page(s) or location(s) within the Site will include statements regarding what information is required for us to provide Site functionality. In addition to the list above, there may also be opportunities for you to grant permission for use of other of your information in a manner set forth on the applicable page(s) within the Site.

(b) How We Use and Share Your Personal Information. If you submit personal information to us, or to any third party acting on our behalf, we may use and share your information as set forth in this Privacy Policy or as is permissible under applicable law. We may use and share your personal information as described herein and we may:
(i) Use your information to provide services or merchandise you've requested or provide you with offers, promotions (e.g., a sweepstakes, subscription to goods or services, etc.) or content or add you to our postal mail list;
(ii) Use your information to send you electronic communications, including emails about matters related to your interactions with our Site, and about products, services, sponsors, partners and affiliates when you make a purchase, agree to rules or terms, or otherwise engage with our Site, to the extent the sending of such electronic communication is permissible under applicable law;
(iii) Share your information with certain third parties, including service providers, sponsors and promotional partners, so they may help us provide services, offers, promotions or content you’ve requested, so the third party can administer the promotion and/or send you offers or content or add you to their postal mailing list;
(iv) Share your information upon notice posted on an applicable location of our Site where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party;
(v) Use and share your information with our third-party survey partners to send you periodic surveys to help improve our services or your Site experience;
(vi) Use and share your information, on an anonymous and aggregated basis, with market research partners, who may use such information to create market, demographic or user reports; and
(vii) Use and share your information with permission from you.
(c) Additional Information About Collection of Location Data. When you use our Site, we may solicit your permission to collect your location data. Be aware that for some features within our Site applications to function, we must confirm your current location and therefore some features will not be available if you choose not to provide your location data to us. The specificity of the requested location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone, tablet) and how you are connected online (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for any of our applications, we may collect location data (e.g. zip code) periodically as you use or leave open our applications. We may also use this data internally or in conjunction with our third party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access our applications (e.g., Apple’s iOS, Google’s Android, Windows, etc.) you may be able to control from within the settings on your wireless device or the application(s) whether location data is collected.

(d) Other Information Collected And Shared Within Our Services.

(i) Our Cookies and Web Beacons. We use and permit automatic methods such as cookies (small amounts of data which include a unique string of characters sent to your browser or application from a website's computers and stored on your computer's or device's hard drive), web beacons (technology used to track activity, also known as pixel tags) or similar technologies, alone or in combination with personally identifiable information you choose to provide us. Examples of the information we collect and analyze using such methods include, but is not limited to: personal information as authorized by you, the Internet protocol address used to connect your computer or device to the Internet; email address; login name and password; operating system type, version and computer or device platform; purchase history; the full Uniform Resource Locator clickstream to, on and from our services, including date and time; and products you viewed or searched. We use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from a page. We use and may allow certain third parties, such as those who provide services associated with our products and services, to access these automatic data collection methods to enable you to use a "shopping cart" while using our Site, to store your preferences and to improve, deliver and customize our Site’s content and offerings.

(ii) Third Party Cookies and Web Beacons; Network Advertisers that we allow to become select third party users, such as those who deliver advertisements, content, social networking or provide other services associated with our Site, to set cookies, web beacons or similar technologies in certain locations within the services or certain emails sent by us. Third party companies that manage and deliver advertisements to websites and applications such as ours are commonly referred to as "network advertisers." A permitted network advertiser may use cookies, web beacons or similar technologies to collect information about your interaction with our products and services in order to tailor certain advertisements and content on this Site and on the websites within such network advertiser's ad network. 

(iii) Social Networking. When using our Site or when using certain third party social networking services (e.g., Facebook, Twitter, Google +) (each and collectively, a "Social Network"), you may have the option to connect our Site information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your activity on our Site with that Social Network and its users, and to access certain of your Social Network information, as disclosed by you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Site activity. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers, and certain of your activities on the Social Network. If you permit a connection between a Social Network and our Site, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or connect to our Site.

(e) Other Circumstances When Your Data May Be Shared

(i) Aggregated Demographic Information. We may share aggregated demographic information with third parties. This information is not linked to personal information that can identify you or another individual person.

(ii) Business Transfers. As time passes, we may be sold along with our assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.

(iii) Disclosure for Legal Purposes. We may be required to share your personal and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use, disclose or share your personal and non-personal information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of these Terms or as required by law.

(f) Managing Your Information:

(i) You may choose and control what information you provide about yourself and certain information which is automatically collected by our Site. If you do not wish to provide certain information necessary for full and/or enhanced functionality or content on our Site, please do not use such functionality or content. If you have registered for an account through the Site, you may review and revise certain of your account information by logging in and then navigating through all available menu options. You may modify any subscription for which you have signed up by reviewing these Terms and/or by contacting us.

(ii) If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. Certain cookies that are set when some video products are accessed on our Site, called local shared objects or Flash cookies, may not be managed using the settings in your web browser. 

(iii) If you want to review or revise the personal information you provided during registration or in connection with a purchase or other activity while using our Site or to change the promotional email communications you receive from us, please review these Terms for methods by which you can contact us. If you want to close your Site account and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you should email us as set out in these Terms. 

(iv) Please remember that when you share information publicly online, it may be indexed by search engines or recorded by others, and any search engine index or record of your information may persist after you delete the information at the original source.

(g) Other Information

(i) There is no Spyware or Adware. We do not install any spyware or adware in connection with our Site, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to or installed on an Internet user's computer or device, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.

(ii) Our Security Practices. The account information associated with our Site is password protected for your privacy and security. Choose your password so the strength of that password is determined by you. We recommend that you choose a unique password and that you do not share your password with anyone else. 

(iii) Third Party Links. Our Site might contain links to other websites and products produced by us and to websites and products operated by unrelated third parties. If you click on an advertisement within our Site, you may be directed to a web page within Site or to a third-party website or product. We are not responsible for the privacy practices of third party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to our Site, unless you are notified otherwise upon accessing any third party website or product, in which case the terms and conditions set forth in such notification will apply.

(iv) California Privacy Rights. If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party's direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please send an email or write to us via mail to the email address or physical address set forth above. 

(v) Special Rules For Children. Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our Site require the submission of a payment card number along with personal information in connection with a purchase; other elements of our Site require the submission of personal information to access or use the Site. Except in certain cases where limited contact information may be collected and not retained, these elements of our Site are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our Site which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature.

(vi) Questions. If you have questions or concerns about this Privacy Policy, you can contact us via the email and physical address set forth above. 

Dispute Resolution

Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute or controversy between you and us no matter what the legal theory is that forms the basis of the applicable claim, dispute or controversy (the "Claim") and regardless of the remedy sought (e. g. damages, injunctions, fines, penalties). "Claims" include disputes over the applicability, enforceability or interpretation of these arbitration provisions. If a party hereto elects arbitration, such arbitration shall commence by that party’s filing of a demand for arbitration with JAMS, which shall be governed by the JAMS Streamlined Arbitration Rules & Procedures, available at WWW.JAMSADR.COM/FILES/UPLOADS/DOCUMENTS/JAMS-RULES/JAMS_STREAMLINED_ARBITRATION_RULES-2009.PDF. Claims initiated by you must be brought in your and our names only and not on or as part of any class action, representative, or private attorney general basis. No arbitrator or court will be able to consolidate multiple parties’ claims or award relief for or against anyone who is not a party to the action. You agree to use your best efforts to prevent any other person to bring any claim or seek any recovery in your name. Claims will be governed by the law of the State of California. If you believe you have a Claim, you must notify us within one (1) year of the Claim accruing by sending an e-mail to [email protected] This arbitration provision is to be interpreted under the Federal Arbitration Act. 

Miscellaneous:

(a) The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in agreeing to these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party, in whole or in part, at any time without notice to you.

(b) Any headings and titles herein are for convenience only and shall have no meaning in interpreting the Terms.

(c) If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable.

(d) The provisions relating to copyrights, trademark, disclaimers, limitations of liability, indemnification and the provisions of this Section shall survive any termination of these Terms and your use of the Site.

(e) These Terms and the relationship between you and us shall be subject to the internal laws of the State of California without giving effect to its principles on conflict of laws.