Last Updated: 4/19/2019
These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by Rxoid Health Solutions, LLC. (“Rxoid” or “we,” “us” or “our”). By accessing or using any of our Services, you are entering into a binding agreement with Rxoid and agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section12, do not access or use our Services.
Please refer our Terms of Sale for the terms, conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Terms of Sale. These Terms are in addition to our Terms of Sale that govern your purchase of products from us. If you have any questions about these Terms or our Services, please contact us at email@example.com.
You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and may not share your password or log-in credentials with any third party. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
- Use or attempt to use another user’s account;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion, that controls automated access to portions of our Services; or
- Use our Services for any fraudulent, illegal or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.
5 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Rxoid Content”) are owned by or licensed to Rxoid and/or its affiliates and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Rxoid and our licensors reserve all rights in and to our Services and the Rxoid Content. We hereby grant you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and Rxoid Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Rxoid Content; (b) copy, reproduce, distribute, publicly perform or publicly display Rxoid Content, except as expressly permitted by us or our licensors; (c) modify the Rxoid Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or Rxoid Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Rxoid Content other than for their intended purposes. Any use of our Services or Rxoid Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you.
From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about Rxoid or our products or Services (collectively, “Feedback”). You agree that all Feedback is non-confidential and will become the sole property of Rxoid. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback, which you hereby assign to us, and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Rxoid, its owners, affiliates and subsidiaries as well as their collective our officers, directors, agents, suppliers and employees (individually and collectively, the “Rxoid Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another party (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rxoid or the other Rxoid Parties.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, RXOID DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY RXOID CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE RXOID ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHEN YOU USE OUR SERVICES, YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
9 Limitation of Liability
RXOID AND THE OTHER RXOID PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE RXOID SITE, EVEN IF RXOID OR THE OTHER RXOID PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF RXOID AND THE OTHER RXOID PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF RXOID OR THE OTHER RXOID PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release Rxoid and the other Rxoid Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
11 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
12 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rxoid and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Rxoid seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Rxoid seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Rxoid waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services or your purchase of products from us will be resolved through confidential binding arbitration held in Dallas, Dallas County, Texas, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Rxoid agree that any dispute arising out of or related to these Terms, our Services or your purchase of products from us is personal to you and Rxoid and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Rxoid agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”) or the Texas Arbitratio Act (THE “TAA”), to the maximum extent permitted by applicable law. As limited by the FAA, TAA, or these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Rxoid agree that the state or federal courts of the State of Texas and the United States sitting in Dallas, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND RXOID WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right out opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by submitting a request to opt out via Certified Mail. To be effective, your request must include your full legal name, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.
13 Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas, Texas.
14 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, and any other terms on the site applicable to your purchase, constitute the entire agreement between you and Rxoid relating to your access to and use of our Services. The failure of Rxoid to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Terms of Sale
Last Updated: 4/19/2018
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING ANY PRODUCTS PROVIDED BY RXOID HEALTH SOLUTIONS, LLC, OR OUR SUBSIDIARIES OR AFFILIATED COMPANIES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR WEB SITE.
Rxoid, Inc., and our subsidiaries and affiliated companies (collectively, “Rxoid” or “we“), may make products available to you for purchase through our website (the “Site“). Your purchase of any products through the Site is governed by these Terms of Sale (“Terms of Sale“) and our Site listed above (“Site Terms”) and are incorporated herein by reference. Terms with their initial letters capitalized and not otherwise defined in these Terms of Sale will have the meaning given to them in our Site Terms.
We reserve the right to change these Terms of Sale at any time and in our sole discretion. If we make any changes, we will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but your continued purchase of products through the Site will confirm your acceptance of such changes. We encourage you to frequently review these Terms of Sale prior to making any purchase through the Site to ensure you understand the terms and conditions that apply to your purchase of products through the Site. If you do not agree to the amended Terms of Sale, you must stop purchasing products through the Site.
If you have any questions regarding these Terms of Sale or purchases made through our Site, you can contact us by visiting https://www.rxoid.com/help.
1 Pricing; Availability; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, if any, are additional. Shipping and handling charges are included. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. A product appearing on the Site does not guarantee that product’s stock or availability. In some cases, we may have to cancel a placed order when we determine a product is no longer available. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Rxoid reserves the right to collect such taxes or other fees from you at any time.
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can ship your order.
4 Out-of-Stock Items
If the color, size or other features of a product you would like to purchase is not shown, or is not selectable, in the relevant drop-down box or list of options on the product’s information page, then the color, size or other features is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Site at a later time as our inventory of products is subject to change.
5 Shipping & Handling; Export
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain, or direct shipment of any product purchased through the Site for export.
6 Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.
7 Returns and Exchanges
Please refer to our Refund and Return Policy at.Rxoid.com/returns-policy for general refund and return information and instructions. Notwithstanding anything to the contrary in this Agreement or with respect to any Rxoid warranty policy, you may not return a product that has been opened or tampered with.
8 Complaints and Legal Notices
All complaints and legal notices should be mailed to Rxoid Health Solutions, LLC, Attn: Customer Service, 1008 E. Jefferson Ave., # 132, Whitney, Texas 76692. Email notices may be sent to firstname.lastname@example.org.
9 Limited Warranty
Rxoid products may be returned or service fees refunded in accordance with our Return Policy rxoid.com/returns-policy. Certain manufacturers may offer a limited warranty on their products, and any such warranty is offered solely through the applicable manufacturer and not by Rxoid. Any claim made for a breach of that warranty must be made through the manufacturer. RXOID’S SOLE EXPRESS WARRANTY CAN BE FOUND AT WWW.RXOID.COM/RETURNS-POLICY, WHICH SUPERSEDES ANY REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS THAT YOU RECEIVE FROM RXOID. OTHER THAN PROVIDED IN THIS SECTION 9 AND ANY MANUFACTURER’S STANDARD WARRANTY APPLICABLE TO ANY PRODUCT, ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND RXOID, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF PRODUCTS.
This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow us to disclaim certain warranties or to place limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Rxoid.
10 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RXOID BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF RXOID, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RXOID AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Rxoid agree to arbitrate any dispute arising from these Terms of Sale or the sale and purchase of products from Rxoid in accordance with the Terms of Service pertaining to “Dispute Resolution and Binding Arbitration”, except that you and Rxoid are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. PLEASE READ THE TERMS OF SERVICE CAREFULLY, AS ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.