Terms and Conditions
Last Updated: March 2, 2016
Thank you for visiting our site (this “Site”)! This Site is operated by TAC Sciences LLC (“Company,” “we,” “us” or “our”) and allows you to: (a) participate in interactive features that we may make available on this Site; (b) register to become a member of our Site; (c) purchase our TAC Sciences products (“Products”); or (d) simply view this Site. These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using the Site or purchasing any Product(s) via the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Modifications to the Site.
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, hours of availability, and equipment needed for access or use.
Registration and participation on the Site is restricted to those individuals at least 18 years of age (or 19 years of age if you reside in Alaska, Alabama, New Jersey, or Utah), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Site or purchasing Products, you hereby represent that you are at least 18 years of age (or 19 years of age if you reside in Alaska, Alabama, New Jersey, or Utah). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
All of our Products are paraben free. Please heed the following warnings and cautions:
• EXTERNAL SKIN USE ONLY
• No one below the age of 18 should use our Products.
• No person who is pregnant or breastfeeding or nursing should use our Products.
• Information and statements regarding our Products have not been evaluated by the Food and Drug Administration.
• None of our statements or Products are intended to diagnose, treat, cure, or prevent any ailment or disease.
• You should consult a physician or medical professional before using any of our Products.
• If you experience any side effects or possible side effects, stop using the Product immediately and consult a physician.
• PLEASE KEEP OUT OF REACH OF CHILDREN AND PETS
• Please read all Product label warnings carefully before use.
Communications to the Site; License to Company.
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site or to us via email (“User Content”), whether by email, posting, uploading or otherwise. You will not be compensated for any User Content. By submitting User Content on the Site or to us via email, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, including the right to the name and likeness of any individuals appearing in the User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. You understand that Company may publish and otherwise use your User Content on its Site, on its social media accounts, and Company may feature your User Content in its email mailings to Site members. However, Company does not sell your User Content to third parties or use your User Content for advertising on third party websites.
You are responsible for your User Content, and once submitted to us, it cannot be withdrawn. You assume all risks associated with your User Content, including anyone else’s reliance on its quality or accuracy.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to or through the Site.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Monitoring; Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to, User Content. Notwithstanding this right, Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site or to us via email is in violation of these Terms and Conditions and determine whether to have the content removed. However, Company is under no obligation to remove content transmitted by third parties from this Site or its social media accounts and assume no responsibility or liability arising from or relating to any such content, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Company may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site or Company’s social media account in a way that constitutes copyright infringement, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted 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 Company to locate the material;
• Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to the following address: firstname.lastname@example.org.
Shopping on our Site is easy, convenient and secure. Simply select the Product you want to purchase and click “ADD TO CART.” Click the “CHECKOUT” button and follow the instructions to checkout and complete your order. Please note that you may change the contents in your shopping cart until you click “PLACE ORDER,” after which your order will be processed. After submitting your order, a confirmation page will be displayed and your order number will be provided. You will also receive an email confirmation shortly after your order has been submitted. If your email confirmation does not arrive within forty eight (48) hours after you have placed your order, please contact us via email for assistance at Info@tacsciences.com.
Products offered through the Site are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Company is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices are quoted in US Dollars. Company may, from time to time, offer promotions and other discounts on its Products. We reserve the right to suspend any such promotions, update Product information, and change prices at any time without notice. Promotions, discounts, and changes to prices cannot be applied to payments previously made. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site. If, in our sole discretion, we determine that: (i) your means of payment is not valid; (ii) a transaction is not authorized; (iii) your means of payment cannot be processed or verified at the time of any charge; (iv) a charge is disputed for any reason other than failure by Company to deliver the Product(s) purchased by you; (v) you have abused or misused promotions or promotion codes; or (vi) you have otherwise used the Site to enter into an improper transaction, Company reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of Company’s obligations hereunder. Nothing in this Terms and Conditions shall limit the Company’s right to pursue all other remedies at law and equity.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid, unless: (x) you notify Company within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to email@example.com.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at firstname.lastname@example.org using your order number.
Return/Refund Policy for U.S. Orders.
For U.S. orders, all sales are final, except that we accept returns and exchanges of unused Products returned to us within ten (10) days of the original shipping date. Prior to returning the unused Product, please contact us at email@example.com for a return or exchange authorization.
Return/Refund Policy for International Orders.
For international orders, all sales are final.
Risk of Loss; Delivery.
All items purchased from Company will be shipped F.O.B. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Modification / Cancellation.
You may edit your billing and shipping address by visiting “My Account.” If you would like to permanently delete your account or information, please send an email to us at firstname.lastname@example.org.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your Internet connection are aware of these Terms and Conditions and comply with them.
If you choose a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You will notify us immediately in the event of any unauthorized access or use of your username or password or any other breach of security, including but not limited to, if you lose your username or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you submit through the Site or to us via email. You warrant and agree that, you shall not transmit, distribute or otherwise publish through the Site, or submit to us via email, any materials which:
• are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
• restrict or inhibit any other user from using and enjoying the Site;
• constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• solicit personal information of/from others;
• contain a virus or other harmful component;
• contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
• contain false or misleading indications of origin or statements of fact;
• include information you are not authorized to disclose (including trade secrets or inside information about a company);
• infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity;
• impersonate any person or entity; or
• Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to remove, edit, move, or close any content for any reason or for no reason whatsoever. In addition, Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, web-sites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content, services or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
THE SITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of the this Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Any disputes as between you and Company that may arise as a result of, or should relate to this Terms and Conditions, or use your use of the Site or our Products, will be resolved exclusively under confidential binding arbitration held in Los Angeles, California before and entirely in accordance with the Rules of the American Arbitration Association (www.adr.org). The award of the arbitrator will be binding and it may be entered as a judgment in any court of competent jurisdiction. To the fullest extent that is permissible by applicable law, under these Terms and Conditions, no arbitration will be joined to any other arbitration involving any other party subject to these Terms and Conditions, whether it be through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we hold the right to seek injunctive, or any other equitable relief in state or federal court located in Los Angeles, California to enforce these Terms and Conditions or to prevent an infringement of a third party’s rights. In the event we seek equitable relief, each party hereby irrevocably submits to the personal jurisdiction and venue of such court.
Waiver of Class Action Rights.
By entering into these Terms and Conditions, you hereby irrevocably waive any rights you may have to join claims with those of others in the form of a class action or any similar procedural device. Any claims which may arise as a result of, or should relate to this Terms and Conditions, or use your use of the Site or our Products, must be asserted individually.
These Terms and Conditions shall be governed by the laws of the United States of America and the State of California, without respect to its conflict of laws principles.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages, which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
California Use Only.
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which have been given access are appropriate for use in other locations. Your use of or access to the Site should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
These Terms and Conditions sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at email@example.com.