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Terms

 

VALIDITY LLC TERMS AND CONDITIONS OF USE

BEFORE USING THIS WEBSITE OR PURCHASING PRODUCTS FROM VALIDITY LLC ("VALIDITY") , PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY.  THESE DOCUMENTS ARE CONTRACTS BETWEEN VALIDITY AND YOU AND GOVERN YOUR ACCESS TO, AND USE OF, OUR WEBSITE.  BY USING OUR ON-LINE RESOURCES, CONTENT, AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR ACCESSIBLE THROUGH ANY PAGE OF OUR WEB-SITE, YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE. 

1.         ELIGIBILITY

You represent that you are over 18 and agree to, and accept, these terms and conditions of use of this web-site.  You also agree to review and approve of our privacy policy which explains how our business uses, discloses, and manages your personal information.  If you do not agree with our terms and conditions or our privacy policy, you are prohibited from accessing and using this web-site and any of its services, products, or functions. 

Our terms and conditions are for the benefit of Validity and you.  They are not intended to benefit third party associations or be enforceable by any third party. 

2.         USE OF WEB-SITE

Validity owns the property rights to, and all materials on, this web-site and reserves all rights.  The web-site may be viewed and printed for personal use only; you may not publish, copy, reproduce, exploit, distribute, sell, rent or license content material in any form from this web-site.  You agree to be responsible for any activity that is performed under your account. 

3.         MODIFICATION OF TERMS AND CONDITIONS

Validity has the right to modify or revise its web-site including the terms and conditions  at any time for any or no reason, without prior notification.  By using the web-site, you agree to be bound by any changes, modification or revisions to this terms and conditions agreement or to the privacy policy.  Provisions relating to disclaimer, limitation of liability, indemnification, dispute resolution and choice of law shall survive any termination of this agreement. 

4.         RETURNS, REPLACEMENT, OR CANCELLATION

Shipping expenses for returned products are the full responsibility of the customer.  This term is agreed to upon placing an order with Validity.    

You agree that products may not be returned for replacement or otherwise without the express prior authorization of Validity staff. 

Orders that have been processed may not be cancelled.

All prices are subject to change without notice.  If a Validity product is mistakenly listed at an incorrect price, Validity reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Validity shall issue a credit to your credit card account in the amount of the incorrect price.

5.         LIMITATION OF LIABILITY

Web-site information is for information purposes only.  Validity does not warrant the validity of any health-related statements on its web-site or any such information contained in any third party sites referred to on the Validity web-site.  The responsibility of reading regarding the benefits and risks received by using the displayed products lies entirely on the user of this web-site. 

Validity does not authorize re-selling of products sold by Validity to you without prior express consent, under contract.  

Validity cannot review all communications and materials posted to or created by users accessing the site. You acknowledge that by providing you with the ability to view and distribute user-generated content on the web-site from time to time, Validity is merely acting as a passive conduit for such distribution and undertakes no obligation or liability relating to any contents or activities on the web-site.

Validity's liability in connection with any product purchased through this web-site is strictly limited to the purchase price of that product.  Validity expressly disclaims 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.  Further, Validity is not liable for any damages of any type that result from the use of, or the inability to use, the materials on this web-site or the performance of the products.  Validity makes no claims regarding the effectiveness of any products sold by Validity for any uses.  You agree to use products sold by Validity at your own risk.  All products are sold without warranty of any kind and purchasers will determine suitability of such products for their own use.  NO CLAIMS FOR LOSS OR DAMAGE IS ALLOWED AFTER DELIVERY OF ANY PRODUCT BY VALIDITY IN GOOD CONDITION TO ANY CARRIER.

Validity makes no representation that products on this web-site are appropriate or available for use in other locations.  Accessing this web-site from locales where its contents are illegal is prohibited.  This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree not to purchase any products from Validity if the sale and purchase of such products is not legal in the locale in which you are located.   

This web-site and the materials and products on this web-site are provided "as is" and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, Validity disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. 

Validity does not represent or warrant that the functions contained on the web-site will be uninterrupted or error-free, that the defects will be corrected, or that this web-site or the server are free of viruses or other harmful components.  

6.         INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Validity and its officers and agents from all liabilities, claims, and expenses, including attorneys fees, that arise from your use of this web-site or any services, information or products from this web-site or any violation of these Terms and Conditions or the privacy policy. 

Validity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Validity in asserting any available defenses. 

7.         YOUR ACCOUNT

 Validity reserves the right to refuse and close your account for any reason.  Your order is subject to acceptance by Validity and may be refused for any reason, including credit concerns, restricted product availability, unusual volumes, or shipping addresses. 

8.         SHIPPING

Once an order is accepted, Validity may make partial shipments if some products are on backorder and may charge you for any products shipped.  Validity will ship products according to your selected shipping instructions.  Validity will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so.  Shipping charges are non-refundable.  Orders that have been processed may not be cancelled. 

Validity is not responsible for any failure to perform or delay in performance of any of our obligations under this agreement that is caused by any act, event, non-happening, omission or accident outside our reasonable control including, without limitation, strikes, lock-outs, civil commotion, invasion, terrorist attack or threat thereof, war or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility or delays attributable to public or private transport or telecommunications or the acts, decrees, legislation, regulations or restrictions of any government.  Validity's performance is deemed to be suspended for the period that the above-referenced occurrences continue and Validity will have an extension of time for performance for the remainder of that period. 

9.         LEGAL COMPLIANCE

Validity may terminate this agreement, your account, or your use of the web-site immediately upon receipt by Validity of any notice which alleges that you have used this web-site for any purpose that violates any local, state, federal law or law of other nations.  If requested by a subpoena or other legal action to disclose information about you, Validity shall not be liable for damages or results and you agree not to bring any action or claim against Validity for such compliance.

10.       DISPUTE RESOLUTION AND CHOICE OF LAW

This web-site is controlled by Validity from its office within the State of California, United States.  The web-site is accessible around the world to the extent permitted by the web-site.  Because each of these places has laws that may differ from the laws applicable in California, by accessing this web-site, both you and Validity agree that the statutes and laws of California shall apply to any action or claim arising out of, or in relation to, this agreement and the privacy policy or your use of this web-site, without regard to conflicts of law principles.  You and Validity also agree and submit to the filing of any such claim only in the exclusive jurisdiction of California and venue of San Francisco, California and that any legal proceedings shall be conducted in English.   

All disputes regarding this agreement or the privacy policy or the operation of these agreements shall be resolved by binding arbitration with the American Arbitration Association in San Francisco, California, United States.  Reasonable discovery shall be permitted.  The prevailing party shall be entitled to recover attorneys fees and costs of the arbitration.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. 

11.       WAIVER

During the term of this agreement, if Validity fails to insist on strict performance of any of your obligations or any of these terms and conditions or if Validity fails to exercise any of its rights or remedies, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  No waiver by Validity shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

12.       RIGHTS AND OBLIGATIONS

 This agreement between you and Validity is binding on you and on your successors and assigns.  You agree not to transfer, assign, charge or otherwise dispose of an agreement or any of your rights or obligations arising under it, without the prior written consent of Validity. 

13.       ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and Validity relating to the subject matter of any agreement and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.  In entering this agreement, neither of us has relied on any representation or promise given by the other or be implied from anything said or written in discussions between us prior to this agreement.

No reproduction, distribution or transmission of materials on this site is permitted without the written permission of Validity.  Any links to external sites provided on this web-site are for convenience only and do not constitute an endorsement.  Validity is not responsible for the privacy policies of these sites. 


 

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