Last Updated: 12/30/2016
Yopti, LLC (Yopti), a company incorporated under Washington law, with its registered address at 227 Bellevue Way NE, Suite 257, Bellevue, WA 98004, is responsible for this website and its contents (the “Website”).
Yopti respects your concerns about privacy and values the relationship we have with you.
the types of personal information we collect on the Website ( “personal information” means information that identifies a specific person, such as full name or email address) and describes generally Yopti’s practices for handling non-personal information (for example demographics and services usage);
how we may use that personal information and with whom we may share it;
the measures we take to protect the security of your personal information; and
your rights and how you can contact Yopti.
1. Personal Information We Collect and How We Use It
We may collect personal information (including health-related information) when you voluntarily submit such information on the Website, for example when you subscribe to newsletters, register for chat rooms, participate in surveys, competitions, games, or weight loss programs, purchase merchandise etc.
See below for more details about what type of information we may collect from you during those interactions.
1.1 Personal Information You Provide To Us
You may choose to provide personal information (such as your name, address, telephone number, email address, or health-related information) through the Website. If you choose not to provide us with your personal information, you may not be able to access some of the services offered on the Website (e.g. subscribe to newsletters, enter competitions, and purchase products).
Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and improve your experience of using the Website. In order to do so, we may collect and use your personal information as follows.
Protecting our Rights
In general, we collect, store and use your personal information to provide you with a safe, smooth, efficient and customized experience on the Website. However, sometimes we need to collect and use your personal information to enable us to:
to provide technical support;
to prevent fraud or potentially illegal activities (including copyright infringement); or
enforce the Terms of Service.
If you communicate with Yopti through the “Contact Us” link on the Website, we may ask you for your contact details, such as your name, email address and telephone number so we can respond to your questions and comments. You may choose to provide additional information as well.
Newsletters and Other Communications
On the Website, you may sign up to receive newsletters and other communications about Yopti’s services and promotions. To sign up, we may ask for your contact details (such as your name and email address). This information is used by Yopti to send you the communications you request.
Details of how you can opt-out of receiving any communications from us are detailed in the section headed “Your Rights” below.
Goods or Services for Purchase
From time to time we may offer products or services for purchase through the Website. When you choose to purchase merchandise or subscribe for such services, we may ask you to provide your name, email address, postal address and telephone number. This information is collected for the purpose of providing you with the products/services you choose to purchase and/or subscribe. We may also ask you to provide your credit/debit card details for this purchase (“Payment Details”), or we may direct you to a third party payment processing service (such as PayPal) to make payment. To ensure the security of your Payment Details, Yopti uses industry-standard encryption technologies when transferring and receiving Payment Details exchanged with the Website. If we direct you to a third party payment process service we will advise you of this during the payment process. Please be aware that Yopti is not liable or responsible for such service and your use of that service might be subject to terms and conditions imposed by the service provider.
If you are a member of the media, you may join the “Media” section of the Website to access additional information. To sign up, we may ask you for your personal information such as your name, email address, telephone number, and company name and job title. We use this information to allow you to access additional information on the Website and to provide you with information that you may request.
Contests, Sweepstakes and Other Promotions
We may occasionally conduct contests, sweepstakes and other promotions. If you choose to enter, we may ask you for your contact details such as your name, email address, postal address and telephone number for the purpose of conducting these promotions.
When you play one of our games, we may collect and store certain profile information that you provide directly or through a third party that is offering our game(s). To provide a richer game and social experience, we also collect information about your play and interaction with other players and our games. The bulk of this information is collected and stored through the use of web logs, which are files on Yopti’s web servers that record actions taken on our games and the Website. In general, we collect, store and use your information to provide you with a safe, smooth, efficient and customized experience in the following ways:
to register your account and allow you to play our games
to customise your gaming experience
to administer games and improve game play
to identify and suggest connections with other Website users
to enable user-to-user communications
to provide technical support and respond to user enquiries
to prevent fraud or potentially illegal activities and enforce our Terms of Service
to notify users of in-game updates
to provide in-game leader boards
to communicate about our/third parties new and current games/products/services (including promotional offers)
to solicit input and feedback to improve our products and services
to resolve disputes, collect fees and troubleshoot problems
We may also offer you the option to complete a user profile that is visible to other users of the Website. This profile may include:
username(s) and/or a website ID number
interests / hobbies
links to your profiles on social networking sites (e.g. Facebook)
details about games you play
Message Boards, Chat Rooms, Blogs and Other User Forum
Personal information (including health-related information) posted to message boards, chat rooms, blogs and other user forums becomes public information. Please see our Terms of Service for the standards of behavior that must be followed when using these sections of the Website. You may be able to take part in certain activities on the Website or games that give you the opportunity to communicate or share information not just with us, but also with other users of the Website. These include: participating in player forums and message boards
posting public comments to other users’ profiles or game boards
sending private messages, email addresses or invitations to other users, either directly on the Website or to their email accounts
chatting with other users
These online communications may be accessed and disclosed (i) in response to a legal requirement such as a court order; (ii) when we are required to disclose the information in response to such a legal requirement; (iii) where we have a good faith belief that the Website is being used in the commission of a crime; (iv) where we have a good faith belief that there is an emergency which poses a threat to the safety of you or another person; and (v) when necessary either to protect our rights (including to enforce the Terms of Service) or for us to provide the service you have requested.
Information collected when you register for or use our wireless applications and services via your phone or other mobile device or when such applications interact with the Website, for example, our smartphone applications.
Other Website Features
We offer Website visitors various features for their enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features. Where this is the case we will provide more detailed information about what information you need to provide and will explain how we will use it.
We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Website or when providing other services, we may ask users for their age. By using the Website or our services you agree to respond truthfully and accurately about your age. We do not knowingly collect or store any personal information from children under the age of 13.
Social media plug-ins
1.2 Information We Collect Automatically
When you visit the Website, we automatically collect certain information, that we then aggregate so that it is not linked to a single, identifiable individual. This information provides us with statistics such as how many users visit the Website and which pages were accessed. By collecting this information, we learn how to best tailor the Website to our users. We may also enter into arrangements with outside companies that possess technology that allows the advertising and marketing you receive on the Website to be customized. If we enter into such arrangements, we will provide you with appropriate information on the Website.
We may also collect computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.
We may also use anonymous data in aggregate form for purposes of research or analysis. In order to better understand and serve our customers, we may conduct research based on customer demographics, interests and behaviours. Although this aggregated data may be based in part on personal information it does not identify any users personally. We may share this type of anonymous data with third parties, including our affiliates, agents, service providers and current and prospective business partners to administer the Website and for advertising, promotional and other business purposes.
A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these tools exist.
2. Where Your Personal Information Will Be Used
3. How We Share Personal Information
We may also share your personal information with service providers we have retained to perform certain business-related functions on our behalf, such as hosting websites, maintaining databases, administering contests, providing technology services, and processing payments. These parties are provided only with the personal information they need to perform their functions and can only use and disclose such personal information as is necessary to perform the services on our behalf or to comply with legal requirements. We have taken steps to ensure that any such third party service providers will take appropriate steps to protect your personal information as we would.
In addition, we may disclose your personal information to our affiliates and third parties (including, amongst others, law enforcement agencies, government/regulatory bodies, content protection organisations): (1) protect our legal rights, privacy or safety, and those of our subsidiaries, affiliates, employees, agents and contractors; (2) protect the safety and security of visitors to the Website or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from government, regulatory, law enforcement or public authorities; (5) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain; (6) comply with subpoenas, search warrants, the law or other legal process; or (7) enforce our Terms of Service.
We reserve the right to transfer your personal information in the event we sell or transfer all or a part of our business or assets, or in the event that administrative responsibility for the Website is transferred to another entity.
4. Links to Other Sites
5. How We Protect Personal Information
We maintain reasonable administrative, technical and physical safeguards for the Website to help protect against loss, misuse or unauthorised access, disclosure, alteration or destruction of the personal information you provide on the Website. Unfortunately, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of personal information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.
6. Your Rights
We provide Website visitors with access to personal information they provide through the Website and the ability to review, update and correct it as and when necessary. Such requests may be subject to a small fee. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your personal information.
If you have previously provided personal information to the Website to subscribe to one or more email newsletters or are receiving emails or other communications from the Website and you do not want to receive such emails, please discontinue your subscriptions by selecting the “unsubscribe” link at the bottom of any message, or the other means provided to unsubscribe, or using the contact details below.
submitting your inquiry here at http://sanenow.com/customersupport/
7. Applicable Law
The Website is not intended to subject Yopti to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
8. Updates to Our Privacy Notice
9. Notice to California Residents:
Residents of the State of California may request a list of all third parties to which this Website has disclosed certain information during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at Yopti at 475 Park Ave South, 4th Floor, Washington, NY 10016 .For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Offer, Payment and Billing Terms
Message Boards, Email, Monitoring Third Party Content
General Terms and Conditions
2. OFFER, PAYMENT AND BILLING TERMS AND CONDITIONS
A. MEMBERSHIP TERM AND RENEWAL: When you sign up to become a Member, you will select and agree to an initial membership period (typically one, four or twelve months). The fee for the initial membership period will be charged to the credit card you provide after the promotional period has ended. Upon expiration of the initial membership term, unless you have agreed to four or twelve month membership terms, every membership is automatically converted to a month-to-month membership which will continue and renew automatically until cancelled and you will be billed the applicable renewal fee at the outset of each renewal period. [If you sign up for a membership with a four or twelve month initial period, your membership will automatically renew at the end of the initial period for successive renewal periods of the same duration (i.e., a three or twelve month period) unless you cancel and you will be billed the applicable renewal fee at the outset of the renewal period. You are financially responsible for all associated subscription fees until notice of cancellation is received by Yopti, subject to the provisions of 2 (B).
The terms of specific special enrollment offers which may be made by Yopti from time to time are set forth in Section 2.E below.
B. CANCELLATION POLICY: You may cancel your subscription at any time, unless the offer you have selected specifically does not permit cancellation within a specified time period. Cancellation will become effective at the end of the then-current membership period and will not be renewed at the conclusion of that period. You can cancel by sending an email via http://sanesolution.com/customersupport/. You will receive confirmation that your membership has been cancelled.
If you cancel during a renewal period, you will not be entitled to a refund of the membership fee for that (or any earlier) membership period. If you cancel during the initial membership period you will not be entitled to a refund of the initial membership fee except in the following instances: 1) you sign up through a risk-free trial offer and if a cancellation request is actually received by us in accordance with this policy before 4:59 PM ET on the last day of the initial registration period; or 2) the specific offer you have chosen expressly allows for a refund, in which case you are eligible for a refund of a prorated portion of the initial membership fee as described in detail at the time of registration. . If your risk-free trial cutoff date/time falls during a time when our customer service line is closed, your trial period (and your time to cancel) shall be extended to 4:59 PM ET on the next business day that the customer service line is open (Monday if it occurs during the weekend) and if you cancel by such new extended deadline time, we will provide you with a full refund of your first month subscription fee (with no deduction for the extra day of service), per the terms above.
If you are entitled to a refund under this provision, you will receive any refund due as a credit to your credit card account. If you do not sign up through the risk free trial offer or other special offer allowing for a refund, or if you decide to cancel your membership at any other time you WILL NOT receive a refund. Because we do not bill on a daily basis, canceling on a Friday versus a Monday will not mean that you are billed for additional days. We will confirm receipt of your cancellation request via email. We are under no obligation to cancel your account or provide any refund unless your cancellation request is actually received by it in accordance with this policy.
C. AUTOMATIC RENEWAL: After the initial membership term ends, membership will automatically renew on a periodic basis, of one, three or twelve month or thirteen week terms, depending on the offer you have chosen. Membership will renew on the day after the initial membership ends, and renew on the same date of the month at the beginning of the next membership period thereafter. You may cancel your subscription at any time in accordance with Section B above. There is no minimum number of membership terms that you must purchase. After your initial membership term, your credit card will be automatically charged on monthly basis for as long as you remain a Member. For special “Bill for Service” promotions described below, you will automatically receive periodic bills for as long as you remain a Member.
D. PAYMENT AND BILLING POLICIES: PLEASE NOTE THAT WE ONLY ACCEPT CREDIT CARD PAYMENTS AND DO NOT ACCEPT DEBIT CARD PAYMENTS AT THIS TIME. YOU AGREE TO NOTIFY YOPTI IMMEDIATELY IN WRITING OR VIA EMAIL (AT http://sanesolution.com/CUSTOMERSUPPORT/ IF YOU DISCOVER THAT THE CARD NUMBER YOU PROVIDED TO YOPTI WHEN YOU REGISTERED FOR MEMBERSHIP IS A DEBIT CARD NUMBER.
Certain products or Services, including but not limited to enrollment in the SANESolution.com, may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by Yopti to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Yopti with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
If you open a Member subscription account on any of the Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Yopti reserves the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms effective upon notice to Members.
If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating all of Yopti’s obligations under this Agreement. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
To review the billing terms of your account, you may email http://sanesolution.com/customersupport/.
E. SPECIAL OFFERS: From time to time, the following special offers, among others, may be made by Yopti. The listing of these offers does not indicate that they are available to you now or that they will ever be made to you or any other Members or potential Members. These offers shall only be available to you if you receive a valid offer from Yopti. If you have agreed to one of these special offers, the following terms and conditions apply:
i. RISK FREE TRIAL (WEEKLY BILLING): Limited Time “Risk Free Trial” Subscription offers of specific durations are subject to the terms and conditions as follows: 1. These limited time period risk free trial subscriptions are available either through a dedicated landing page or based on a “gift code”; a gift code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – if the offer is made with a gift code, the code is designed for one-time use and expires when you register to become a Member.2. To accept the risk free trial subscription promotion, you will be required to provide a credit card and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and your credit card will not be charged. 4. Cancellations are controlled by Section B above. 5. If you do not cancel during the initial risk free trial period, the credit card you have provided will be charged a monthly membership fee. 6. If, at any time, you are entitled to a refund, you will receive any refund due as a credit to your credit card account. 7. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined herein and in Section B above.
ii. RISK FREE TRIAL (MONTHLY BILLING): Limited Time “Risk Free Trial” Subscription offers of specific durations are subject to the terms and conditions as follows: 1. These limited time period risk free trial subscriptions are available either through a dedicated landing page or based on a “gift code”; a gift code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – if the offer is made with a gift code, the code is designed for one-time use and expires when you register to become a Member. 2. To accept the risk free trial subscription promotion, you will be required to provide a credit card and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Acceptance of this offer allows you to cancel your membership during the risk free trial period of the first subscription period and your credit card will not be charged. 4. Cancellations are controlled by Section B above. 5. If you do not cancel during the initial risk free trial period, the credit card you have provided will be charged a weekly membership fee, billed on a periodic basis, of one, four or twelve month or thirteen week terms, depending on the offer you have chosen and your subscription will automatically renew per the terms outlined in Section C above after your initial membership term. 6. If, at any time, you are entitled to a refund, you will receive any refund due as a credit to your credit card account. 7. Of course, you may cancel your membership at any time during any subscription period; however, NO REFUNDS will be given except as expressly outlined herein and in Section B above.
iii. FREE MONTH(S) SUBSCRIPTION PROMOTIONS Limited Time “Free” Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free subscriptions are available based on a “gift code”; a gift code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept such a free limited time subscription promotion, you will be required to provide a credit card or any other payment, and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the gift code entitles you to free full membership and access to the Sites for a limited period of time (the specific time period will depend on the specific offer), and your free membership will expire at the end of that period and your subscription will then automatically renew per the terms outlined in Section C above. 6. Of course, you may cancel your membership at any time during your free subscription period. Once your free subscription period ends and you convert to a paid membership, the cancellation policy outlined in Section B above applies.
iv. “2 MONTH RENEWAL” The “2 Month Renewal” offer is subject to the terms and conditions as follows: ]1. The “2 Month Renewal” offer is time limited and must be activated within 14 days of the offer email send date. 2. To accept the “2 Month Renewal” promotion, you must provide the account username and password assigned to your account. 3. If you elect to accept the offer, your account will be altered to reflect the options chosen as soon as payment has been made by crediting your credit card on file.4. The “2 Month Renewal” offer will provide an additional 2 months of the service for the price set forth in the email offer to Members. The offer will be valid for a period of 14 days, at which point the offer will become inactive. For those Members who take advantage of the offer, 2 months will be added to their membership term. You will be billed as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the “2 Month Renewal” program once the offer has been accepted.
v. 4 MONTH AND 12 MONTH RENEWALS” The “3 Month and 12-month Renewal” offer will provide access to the Sites for the price set forth in the offer. This offer is available to current Members. You will be billed the applicable renewal fee as soon as you accept the offer. In consideration for the reduced price, NO REFUNDS will be granted for the “3 Month and 12-month Renewal” program once the offer has been accepted.
vi. NO CREDIT CARD PROMOTION The “No Credit Card” offer allows you free membership and access to the Sites for 10 Days. To accept such a free 10 day membership, you will not be required to provide a credit card or any other payment, but you must register as a Member, including choosing an account username and password that will be assigned to your account. Your free membership will expire at the end of the 10 day period unless you sign up for either a 3-month or 12-month program by agreeing to the terms of those programs and submitting a valid credit card in the Subscription Information portion of the Account Info area. If you do not sign up for either of these plans by the conclusion of the 10 day period, your membership will be canceled.
vii. FREE GIFT(S) with SUBSCRIPTION PROMOTIONS. Limited Time Free Gift(s) with Subscription offers are subject to the terms and conditions as follows: 1. These limited time period free gift(s) with subscription offers are available based on a “offer code”; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept such a limited time free gift(s) with subscription promotion, you are required to provide a credit card and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free gift or gifts, as indicated in the offer (Yopti reserves the right to substitute a gift of equal or greater value), when you pay in full, in advance for a subscription to the Sites at the regular or discounted price and for the term disclosed in the offer. 4. Your subscription will automatically renew after the initial period for additional terms per the terms outlined in Section C above until you cancel. 5. This Offer is only open to residents of the U.S and Canada, excluding Quebec. 6. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies.
viii. FREE MONTH(S) WHEN YOU SUBSCRIBE PROMOTIONS. Limited Time free month(s) when you subscribe offers are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a “offer code”; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept this limited time subscription promotion, you will be required to provide a credit card, and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to a free month(s) of full membership on the Sites, when you pay in full, in advance for the subscription period indicated of Sites membership at the regular or discounted price disclosed in the offer. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.
ix. BILL FOR SERVICE PROMOTIONS. Limited Time Bill for Service promotions are subject to the terms and conditions as follows: 1. These limited time period subscription offers are available based on a “offer code”; an offer code may be given directly to you to enter on the Sites, or encrypted in a unique URL you use to access the Sites – in either case, the code is designed for one-time use and expires when you register to become a Member. 2. To accept this limited time subscription promotion, you will be required to provide an accurate, current billing address, and you must register as a Member, including choosing an account username and password that will be assigned to your account. 3. Use of the offer code entitles you to full membership in the SANESolution.com and full access to the Sites, when you agree to the terms of membership as disclosed in the offer, including the obligation to pay in full for the initial subscription period indicated in the offer and any applicable renewal periods. 4. Your subscription will automatically renew after the initial subscription term per the terms outlined in Section C above until you cancel and you will continue to receive periodic bills for the service. 5. Of course, you may cancel your membership at any time by following the cancellation policy outlined in Section B above applies, however NO REFUNDS will be offered for any amounts paid for these offers.
3. MESSAGE BOARDS, EMAIL RULES, MONITORING AND THIRD PARTY CONTENT
A. MESSAGE BOARDS: Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. Yopti does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. Yopti is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life-threatening
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone’s opinions. No profanity or explicit content. No posts, including pictures that might be considered “inappropriate.” No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). Yopti has the right to remove a post if it does not meet these standards, but not the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED.” We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of Rodale Yopti and should not be taken as medical advice. Posts submitted to the Sites’ Message Boards are not considered confidential. These posts may be used by Yopti for any purpose without requiring permission from the originator.
B. EMAIL RULES: Some of our members will make their email addresses available if they wish to converse with others users. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of Yopti, have their membership cancelled without notice. Yopti is not responsible for the content of email messages sent by a Member or from a third party.
D. THIRD PARTY CONTENT: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on Sites that are linked to the Sites, including information providers, are those of the respective third parties, and not Yopti. Yopti does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, Yopti neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than an authorized Yopti representatives acting in their official capacity.
4. GENERAL TERMS AND CONDITIONS
A. MINIMUM AGE REQUIREMENTS: You must be 18 years of age or older to sign up for this program and access the Sites.
You agree that as part of the service provided on the Sites, you shall receive periodic email communications from Yopti. You affirmatively consent to receive those emails. If you use the opt-out mechanism provided by Yopti , Yopti shall have the right, but not the obligation, to terminate your account and, notwithstanding any other provision of this Agreement, the right to give you a pro-rata refund.
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Yopti shall be considered fully paid-up and royalty free. In addition, under no circumstances shall Yopti have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of administrative responsibilities of the Service, or a transfer of all or any portion of Yopti’s business through a merger, sale, transfer or license of all or substantially all of the assets of Yopti, nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Yopti’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing Yopti with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Yopti that is untrue, inaccurate, not current or incomplete, Yopti reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Yopti immediately of any unauthorized use of your account or any other breach of security. Yopti will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Yopti or another party due to someone else using your account or password.
E. PROMOTIONS: Yopti occasionally provides contests, sweepstakes, games and third party promotions on the Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: Yopti grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the services thereon. Unless otherwise specified in writing, the services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites;
ii. access the Sites by any means other than through the standard industry-accepted or Yopti-provided or authorized interfaces;
iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
iv. impersonate any person or entity, including without limitation, an Yopti official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
v. post or transmit any material that contains a virus or corrupted data;
vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
vii. use any of the Sites’ communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
viii. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation information such as opinions or notices, commercial or otherwise;
ix. violate any applicable local, state, national or international law;
x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
xi. delete or revise any material posted by any other person or entity;
xii. manipulate or otherwise display the Sites by using framing or similar navigational technology;
xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Yopti product or service if you are not expressly authorized by such party to do so; or
xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Yopti’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to Yopti through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. Infringement Policy:
Yopti respects the intellectual property of others, and we ask our users to do the same. Yopti, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site or Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Yopti accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the agent identified below to request a review of the alleged infringement:
By e-mail: http://sanesolution.com/customersupport/
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yopti to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
I. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO THE SANESolution.com, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Yopti AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
J. RELEASE: YOU AGREE THAT NEITHER YOPTI, LLC. NOR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (“RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES OR ITS SERVICES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS’ FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER YOPTI, LLC. AND ITS SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL YOPTI’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
L. NOTICES: Yopti may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U.S. Mail to the street address provided by you at the time you become a member. Yopti will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
227 Bellevue Way NE
Bellevue, WA 98004
M. GEOGRAPHIC LIMITS OF SERVICE: Yopti makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions and Canada (excluding Quebec). Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Yopti reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire. The SANESolution.com Site is not available or intended for use by residents of the province of Quebec, Canada.
N. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Yopti, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
O. INDEMNIFICATION: You agree to defend, indemnify and hold harmless Yopti, and their parent and subsidiary companies and divisions, affiliates and respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any material posted or otherwise provided by you (including without limitation Submission Materials), or any other user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Sites; and (c) any breach of any of the representation, warranties or other terms or conditions relating to use of your Submission Materials.
P. ASSIGNMENT: You may not assign or transfer your rights or the license granted to you under this Agreement without Yopti express, prior written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund.
Yopti may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
Q. Binding Arbitration of All Disputes:
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Sites, (ii) any purchases or other transactions or relationships with Yopti, or (iii) any Submission Materials or other data or information you may provide to Yopti or that Yopti may gather in connection with such use, interaction or transaction (collectively, “Yopti Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Sites, or engaging in any other Yopti Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our the Sites, you agree that any complaint, dispute, or disagreement you may have against Yopti, and any claim that Yopti may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions, our respective privacy policies, or any Yopti Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Yopti agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph 18, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 4.Q shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Yopti (the “Arbitrator”);
b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in Section 4.Q hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
c) the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Yopti; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d) the Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
e) the Arbitration can resolve only your and/or Yopti’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Yopti will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
h) in the event you recover an Award greater than Yopti’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Yopti’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Yopti shall in all events bear their own respective attorneys’ fees; and
i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Yopti shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
j) Yopti may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Yopti has given notice of such modifications and only on a prospective basis for claims arising from Yopti Transactions and Relationships occurring after the effective date of such notification.
k) Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Yopti in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding
R. Notice for California Users:
Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
S. MISCELLANEOUS TERMS AND CONDITIONS: These Terms and Conditions constitute the entire agreement and understanding between you and Yopti and governs your use of the Sites, superseding any prior agreements between you and Yopti. These Terms and Conditions and the relationship between you and Yopti shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any court action arising from, relating to or in connection with these Terms and Conditions will be brought exclusively in the federal or state courts located in Washington, Washington, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. The failure of Yopti to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by Yopti of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Yopti Mobile Terms and Conditions of Use
If you have not previously used the Premium Service (as defined in the Terms), the first time you accept these Mobile Terms and access the Mobile Service, you will be automatically given a 3 day (seventy-two hour) trial of the Mobile Service. You understand and agree that Yopti has no obligation to maintain, support, upgrade, or update the Mobile Service, or to provide all or any specific content through the Mobile Service.
If you don’t use the Mobile Service for ninety (90) consecutive days, we have the right to revoke your access to the Mobile Service immediately. You may use the Mobile Service again after revocation, but you will have to register and agree to the Mobile Terms again.
These Agreements constitute all the terms and conditions agreed upon between you and Yopti and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Yopti are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Yopti that are not contained in the Agreements.
Yopti or our promotional partners may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Yopti Service. Special Promotions may be governed by Terms and Conditions that are separate from the Agreements. If the provisions of a Special Promotion’s Terms and Conditions conflict with the Agreements, those separate Terms and Conditions shall prevail.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the State of Washington, United States, without regard to choice or conflicts of law principles. Further, you and Yopti agree to the exclusive jurisdiction of the state and federal courts in Washington, Washington to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user, the mandatory arbitration provisions in the Terms and Conditions of Use also apply to you, so please read them carefully.
227 Bellevue Way NE
Bellevue, WA 98004
Per the FTC rules, if we interview someone and they grab the bill for lunch, we would need to disclose this. Ditto if we use an Amazon link that gets us 8 cents instead of an Amazon link that gets us 0 cents. If someone gives us a comfy t-shirt with a logo and we wear it in a photo, same deal. Disclaimers all over the place. This would be tedious for us and even more tedious for readers. But rules are rules. To protect our families and preserve your reading experience, please assume that, for every link and product we use, the following all hold true, we were fed, paid, given products or services, or given stock.
By using this or related sites and services, you relinquish all exclusive copyrights to any materials you Post and furthermore, you grant Yopti, LLC non-exclusive, non-revocable worldwide, royalty-free rights to copy, distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the materials in perpetuity in all forms. This license applies to all works of authorship including, but not limited to, written materials (e.g., text), audio, audio-visual materials, graphics, and images (including, but not limited to, graphics and images used as avatars). You also grant all third parties the right to copy, distribute, display, reproduces, and publicly perform the materials you post under the terms of the Creative Commons License. Yopti, LLC has the authority to decide to display your postings or not, and you grant Yopti, LLC the right to modify your posts, remove offensive material, modify your post title to accurately reflect content, remove vulgar comments, remove insults, or delete any other content deemed inappropriate, all at our discretion.
Addendum 3 SANEStore (Updated 1/23/2015)
Conditions of Use
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the SANESolution (Yopti, LLC) entity named on the invoice (“SANESolution (Yopti, LLC)”) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SANESOLUTION (YOPTI, LLC), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER SANESOLUTION (YOPTI, LLC) STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SANESolution (Yopti, LLC)’s sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SANESolution (Yopti, LLC).
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
1. Shopping. All e-commerce is brought to you by SANESolution (Yopti, LLC) or an operational service provider and Affiliate under this Agreement. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
2. Products may be purchased while supplies last. If a Product is listed at an incorrect quantity or price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
3. Payment Terms. You acknowledge that SANESolution (Yopti, LLC) reserves the right to charge for any portion of the SANESolution (Yopti, LLC) Services and to change its fees (if any) from time to time at its discretion. If SANESolution (Yopti, LLC) terminates your Account/Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). If you purchase or use SANESolution (Yopti, LLC) Credits, or make direct payments, you agree to our Payment Terms. Terms of payment are within SANESolution (Yopti, LLC)’s sole discretion, and unless otherwise agreed to by SANESolution (Yopti, LLC), payment must be received by SANESolution (Yopti, LLC) prior to SANESolution (Yopti, LLC)’s acceptance of an order. Payment for the products will be made by credit card, money order, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SANESolution (Yopti, LLC) Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. SANESolution (Yopti, LLC) may invoice parts of an order separately. Orders are not binding upon SANESolution (Yopti, LLC) until accepted by SANESolution (Yopti, LLC). Any quotations given by SANESolution (Yopti, LLC) will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel or seek the return any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on SANESolution (Yopti, LLC)’s invoice(s). Unless Customer provides SANESolution (Yopti, LLC) with a valid and correct tax exemption certificate applicable to the product ship-to location prior to SANESolution (Yopti, LLC)’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for SANESolution (Yopti, LLC)’s franchise taxes and taxes on SANESolution (Yopti, LLC)’s net income. If applicable, a separate charge for taxes will be shown on SANESolution (Yopti, LLC)’s invoice.
5. Products. SANESolution (Yopti, LLC)’s policy is one of on-going product update and revision. SANESolution (Yopti, LLC) may revise and discontinue products at any time. SANESolution (Yopti, LLC) reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
6. Return Policies. SANESolution (Yopti, LLC) products that are purchased directly from SANESolution (Yopti, LLC) by an end-user Customer may not be returned by Customer without the express consent of SANESolution (Yopti, LLC). SANESolution (Yopti, LLC) will, at its sole discretion, on a case by case basis, determine if products may be returned and refunded.
7. Title; Risk of Loss. Title to products passes from SANESolution (Yopti, LLC) to Customer on shipment from SANESolution (Yopti, LLC)’s facility. Loss or damage that occurs during shipping by a carrier selected by SANESolution (Yopti, LLC) is SANESolution (Yopti, LLC)’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
8. Warranties, Disclaimers. THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) SANESOLUTION (YOPTI, LLC) DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Contests, Promotions, Sweepstakes, Auctions. From time to time, we or our service providers, licensees, suppliers or Advertisers may conduct promotions on or through SANESolution (Yopti, LLC) or Community Sites, including, but not limited to, auctions, contests or sweepstakes (“Promotions”). Each Promotion may have Additional Terms, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into this Agreement. It is your responsibility to read and abide by the Additional Terms.
10. Deactivation/Termination of Your Account or Use. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Even after Account/Membership is terminated, this Agreement will remain in full effect.
11. Limitation of Liability. SANESOLUTION (YOPTI, LLC) IS NOT LIABLE FOR ANY REASON FOR ANY DAMAGES, MEDICAL EXPENSES, LOSS, SICKNESS, OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS PRODUCTS, SITES, INFORMATION, LINKS, RECOMMENDATIONS, REPRESENTATIVES ADVICE OR SUGGESTIONS. SANESOLUTION (YOPTI, LLC) WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, MEDICAL BILLS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY… USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR… LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING… DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
12. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against SANESolution (Yopti, LLC), its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “SANESolution (Yopti, LLC)”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SANESolution (Yopti, LLC)’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and SANESolution (Yopti, LLC) The arbitration shall be held in Bellevue, WA at the office of SANESolution (Yopti, LLC), by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
13. Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. SANESolution (Yopti, LLC) has separate terms and conditions governing resales.
14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
16. Software License. By this Agreement, SANESolution (Yopti, LLC) grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by SANESolution (Yopti, LLC) and/or its Licensors. SANESolution (Yopti, LLC) has no obligation to update or modify any of the foregoing.
17. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
18. Copyright, Licenses, Use Restrictions and Idea Submissions. The copyright in all material provided on this Site is held by SANESolution (Yopti, LLC) or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SANESolution (Yopti, LLC) or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SANESolution (Yopti, LLC)’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
SANESolution (Yopti, LLC) respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), SANESolution (Yopti, LLC) has implemented procedures for receiving written notification of claimed copyright, patent, and trademark infringements and for processing such claims in accordance with the Act. To file a copyright, patent, or trademark infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyright, patent, or trademark work claimed to have been infringed, or, if multiple copyright, patent, and trademark works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright, patent, and trademark owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
SANESolution (Yopti, LLC)
Attn: Copyright Administrator
227 Bellevue Way NE, Suite 257
Bellevue, WA 98004
Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree to grant to SANESolution (Yopti, LLC) a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against SANESolution (Yopti, LLC) for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
19. Review. SANESOLUTION (YOPTI, LLC) DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, SANESOLUTION (YOPTI, LLC) RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO SANESOLUTION (YOPTI, LLC). AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
21. Indemnification. You agree to indemnify, defend and hold harmless SANESolution (Yopti, LLC), its members, officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
22. Third Party Rights. The provisions of paragraph 5 (Indemnification) are for the benefit of SANESolution (Yopti, LLC) and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
23. Hyper Links to Third Party Sites. We and the Parent Companies are not responsible for links to third-party sites (“Outside Sites”) that are made available, or that you use, on or in connection with SANESolution (Yopti, LLC) or Community Sites. We do not verify, endorse or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.
24. Term; Termination. This Agreement shall commence upon you accessing the Service and/or completing the registration process. This Agreement may be terminated by SANESolution (Yopti, LLC) without notice at any time for any reason and may be terminated by you upon notice to SANESolution (Yopti, LLC) at any time for any reason. The provisions of paragraphs 3 (Copyright, License, Use Restrictions and Idea Submission), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
25. Registration & Eligibility. Use of the SANESolution (Yopti, LLC) Services and registration to be a Member for the SANESolution (Yopti, LLC) Services (“Membership”) is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. By using the SANESolution (Yopti, LLC) Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the SANESolution (Yopti, LLC) Services does not violate any applicable law or regulation. ALL VISITORS UNDER THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN AT ALL TIMES.
To register with SANESolution (Yopti, LLC) you must provide a valid e-mail address (username) and password as well as certain other information. You may provide only true, complete and current information about yourself. Your Login gives you access to your SANESolution (Yopti, LLC) account and SANESolution (Yopti, LLC) services. You may not allow anyone else to access or use your SANESolution (Yopti, LLC) account. You are responsible for all activities that occur under your SANESolution (Yopti, LLC) account. If you are between 13 and 17 you must provide your parents or legal guardians with your current Login details at all times. You may not disclose your Login to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your SANESolution (Yopti, LLC) account, or any other security concern.
When you join SANESolution (Yopti, LLC), you may select a display name or use your First name, which will be displayed next to your profile picture within the Site. Display names are not exclusive, users may choose the same or similar display names. You may change your display name. We reserve the right, in our sole discretion, to modify or delete your display name and/or Account/Profile/URL at any time, without notice or responsibility to anyone.
26. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SANESolution (Yopti, LLC) immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
27. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You agree that any legal action or proceeding between SANESolution (Yopti, LLC) and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Bellevue, WA. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. SANESolution (Yopti, LLC)’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SANESolution (Yopti, LLC) may assign its rights and duties under this Agreement to any party at any time without notice to you.
28. Your Guarantees. You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement; and (d) your activities are lawful in any jurisdiction where you use SANESolution (Yopti, LLC).
29. Certain Products & Services. RSS Feeds and Podcasts The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to SANESolution (Yopti, LLC) or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, SANESolution (Yopti, LLC), the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.
If SANESolution (Yopti, LLC) offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will SANESolution (Yopti, LLC), the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.
30. Acceptance. By ordering any product from SANESolution (Yopti, LLC), whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained below.
The following (“Contract Terms”) are terms of a legal agreement between you and SANESolution (Yopti, LLC). By accessing, browsing and/or using SANESolution.com (and all related sites) (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by SANESolution (Yopti, LLC) from its offices within the United States. SANESolution (Yopti, LLC) makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Washington.
Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program or or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
SANESolution (Yopti, LLC) does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. SANESolution (Yopti, LLC) makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
The information is compiled from a variety of sources (“Information Providers”). Neither SANESolution (Yopti, LLC), nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of SANESolution (Yopti, LLC) or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall SANESolution (Yopti, LLC) or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if SANESolution (Yopti, LLC) or Information Provider has been advised of the possibility of such damages.
Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. SANESolution (Yopti, LLC) and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. SANESolution (Yopti, LLC) and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SANESolution (Yopti, LLC) is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.
The information contained in this online site (the “Service”) is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of SANESolution (Yopti, LLC) products on your health.
The Service is an online information and communications service provided by SANESolution (Yopti, LLC), subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. SANESOLUTION (YOPTI, LLC) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
SANESolution (Yopti, LLC) may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in SANESolution (Yopti, LLC)’s account information. You may give notice to SANESolution (Yopti, LLC) at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
SANESolution (Yopti, LLC)
227 Bellevue Way NE, Suite 257
Bellevue, WA 98004
This website uses Google AdWords
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
This website uses Facebook Retargeting ads
You can adjust your facebook ad settings using this page.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at http://sanesolution.com/customersupport/ or mailing us at:
227 Bellevue Way NE, Suite 257 Bellevue Washington US 98004
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (http://www.shopify.com/legal/terms) or Privacy Statement (http://www.shopify.com/legal/privacy).
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at http://sanesolution.com/customersupport/ or by mail at
[Re: Privacy Compliance Officer]
227 Bellevue Way NE, Suite 257 Bellevue Washington US 98004
TERMS OF SERVICE
This website is operated by SANEStore. Throughout the site, the terms “we”, “us” and “our” refer to SANEStore. SANEStore offers this website, including all information, tools and services available from this site 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, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. 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 that appear at the store. We cannot guarantee that your computer monitor’s display of any color 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 products or product pricing are subject to change at anytime 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 this site is void where prohibited.
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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion 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.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SANEStore, 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, or consequential damages of any kind, including, without limitation 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, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SANEStore and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
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.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 227 Bellevue Way NE, Suite 257 Bellevue Washington US 98004.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at http://sanesolution.com/customersupport/.
SANE and its affiliated parties do not recommend, suggest, or imply any product shown in a search engine, in our website search, or in a health related category on our websites is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any diseases, illness, or condition.
Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this website or by ordering any product from SANE (or related), you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.
All products, product information, and content on this website are subject to change at any time without notice. SANE (or related) make all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the website may not exactly reflect the product you receive as a result of design revisions and color variations.
SANE (or related) attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. SANE (or related) makes no representation as to how complete, accurate, or current any information is on this Website. For example, products included on this Website may be unavailable, may have different characteristics than those listed, or may actually have a different price than that stated on this Website.
SANE (or related) may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by SANE (or related) . SANE (or related) does not endorse those sites and is not responsible for the content of such other sites.
Use of Website:
The entire contents of this Site are copyrighted under United States law. Materials on this Website may not be copied, distributed or transmitted in any way without prior written consent of SANE (or related) . The design of this Website and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from SANE (or related) . Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
All material on this Site is provided for lawful purposes only. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. SANE (or related) will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Website, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.
SANE (or related) reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that SANE (or related) shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the SANE (or related entities) Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, SANE (or related entities) ) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.
Ordering and Payment:
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order, you authorize SANE (or related) to charge the credit card / debit card you provided for your order. If your credit card is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) SANE (or related) reserves the right to pursue any/all collection efforts allowed under the law.
By signing up for SANE (or related)’s Autoship Program you are abiding by the following Autoship Terms and Conditions:
You must have a SANE (or related) account, a valid email address and a Credit Card and/or Debit Card to set up and participate in the Autoship Program.
By placing an Autoship order, whether by online or placing a telephone order through a SANE (or related) Sales Representative, facsimile, by mail, or otherwise, you are bound by these SANE (or related) Autoship Terms and Conditions.
Autoship Order Placement:
By placing an Autoship order, you authorize SANE (or related) to automatically place and ship you an order for your selected Autoship items, on a scheduled date determined by your order frequency selection on your initial Autoship order.
Autoship Order Final Order Amount:
Your Autoship Order’s final total may vary due to changes in price, tax rates, and/or shipping costs. Your order total will include:
Sales tax, if applicable, will be applied to each Autoship order.
Shipping cost, will be applied based on the shipping method you selected on your initial Autoship Order
Autoship Order Payment:
By placing an Autoship order, you authorize SANE (or related) to charge the credit card you provided for subsequent Autoship orders until you cancel your Autoship order. Unless modified by you, the credit card you used to set up the initial Autoship order will be charged for subsequent orders. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
If your credit card is declined at time of Autoship order placement, your order will not be placed and you will be notified that your Autoship payment has failed and you need to update your credit card information. Once your payment information is corrected, your Autoship order will be placed. To update your credit card information, you can go to your “My Account” section and click “Order History and Autoships” to update your credit card information.
Credit Card and Debit Card payment will be the only valid payment type accepted for Autoship Order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
If you have received an Autoship order without paying for it (e.g. your credit card was cancelled), SANE (or related) reserves the right to pursue any/all collection efforts allowed under the law.
Autoship Order Notifications:
A pre-order Autoship notification, Autoship order confirmation email and a shipment confirmation email will be sent after each Autoship order is processed and shipped. Once an Autoship order is scheduled, no emails will be sent before subsequent Autoship order shipments are processed.
At the time of order placement, any backordered item(s) on your Autoship order will be indicated on your order confirmation.
Autoship Order Backordered Items:
Any backordered Autoship order item(s) will be shipped as soon as they become available.
A backordered item will not affect the Autoship order schedule for the backordered item. Subsequent Autoship orders of that item will continue to be shipped according to the schedule you specified when you set up the initial Autoship order. 30, 60, or 90 day intervals will run from the date you set up the initial Autoship order, not from the date that an item was last shipped.
Manufacture Container Size Changes on Autoship Orders
Sometimes the manufacturer of a product will modify the container size of their product (for example, a manufacturer could change the size of their product from 30 capsules to 60 capsules). In this case, your Autoship order’s quantity and possibly ordered item(s) will be automatically adjusted to keep the same original order quantity. This new adjustment will continue unless you choose to cancel them.
Product Formula Changes on Autoship Orders
SANE (or related) is committed to providing the best quality and innovation. Our team is continually monitoring our product’s effectiveness and updates to the formula are always done in the name of quality and improvement of the product for what we believe is in the best interest of our customer. This may result in the manufacturer slightly adjusting their formula of their product. Each formula change could be different and SANE (or related) will take the following actions dependent on the percentage change of the active ingredients:
For formula modifications, your order will be automatically updated by replacing the existing item with the new formula item. You will NOT be notified separately of this formula change before subsequent Autoship orders are processed and shipped. This new formula product will continue on subsequent Autoship orders unless you choose to remove this item from your Autoship Order.
Cancellation of Autoship Orders:
Canceling subsequent Autoship orders can be done by going to “My Account” section. You can modify or cancel your Autoship order at any time before the subsequent order is processed.
Canceling an Autoship Order will stop all future shipments of that order.
Canceling an Autoship item will stop all future shipments of that item.
To resume your Autoship Order after you have cancelled it, you will need to create a new Autoship Order.
Acceptance of Autoship Terms and Conditions:
By placing an Autoship order, whether online, by placing a telephone order through a SANE (or related) Sales Representative, facsimile, by mail, or otherwise, you are agreeing to be bound by these SANE (or related) Autoship Terms and Conditions, as well as SANE (or related) general Terms and Conditions.
SANE (or related entities) reserves the right to update or revise these Autoship Terms and Conditions at any time. If SANE (or related) makes material changes to these Autoship Terms and Conditions, we will provide you notice by posting a notice on the website for 30 days. If you do not accept these Terms and Conditions or any changes proposed by SANE (or related) , your only remedy is to cancel your Autoship Order(s).
SANE (or related entities) reserves the right to modify or terminate this program at any time without prior notice.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Domestic Use/Export Restriction:
SANE (or related entities) controls 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) is 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 products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.
Submission of Information and/or Materials:
Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to SANE (or related) through this Website will be considered non-confidential / non-proprietary and will become exclusive property of SANE (or related) unless they are clearly marked as copyrighted or owned by someone else beforehand.
You acknowledge the originality of any submission communicated to SANE (or related) and accept responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
SANE (or related entities) is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. We may, but are not obligated to, monitor or review any User Communications. SANE (or related) will have no obligation to use, return, review, or respond to any information we receive from you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. SANE (or related) retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Website.
Linking to this Website:
Creating or maintaining any link from another website to any publicly available page on this Website is allowed. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.
Third Party Links:
From time to time, this Website may contain links to websites that are not owned, operated or controlled by SANE (or related) or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that SANE (or related) is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and SANE (or related) shall have no liability or responsibility theretofore.
You agree to indemnify and hold SANE (or related) and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties:
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
SANE (OR RELATED) AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SANESOLUTION.COM AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SANE (OR RELATED) OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER SANE (OR RELATED ENTITIES) NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. 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. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You agree that SANE (or related) and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Website or any services, products or information obtained on or through the Website, Website interruption, suspension or termination, even if SANE (or related) or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Website; linking to any third party website from the Website; any unauthorized access to any information on the Website and/or submitted by you to or through the Website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Website; and/or loss of profits, use, data or other intangible losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.
You further agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. SANE (or related) is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including “line-noise” interference). Under no circumstances will SANE (or related) or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacture’s or suppliers warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.
Revisions to these Terms and Conditions:
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
Enforcement of Terms and Conditions/Jurisdiction:
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Nevada, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the SANE (or related) Website, our Website Terms and Conditions, and the relationship between you and SANE (or related) shall be governed by the laws of the United States and the State of Nevada without regard to its conflict of law provisions. You and SANE (or related) agree to submit to the personal and exclusive jurisdiction of the courts located within the geographic area encompassed within the State of Nevada.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You or we may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the SANE (or related) Website. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind SANE (or related) in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
SANE (or related) may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with SANE (or related) prior written consent.
Your use of this Website or by ordering any product from SANE (or related), confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at this URL: http://sanenow.com/contact/
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Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.