PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By your access or use of this Website, you: (i) represent and warrant that you are at least twenty-one (21) years of age and (ii) agree to comply with all of the terms and conditions set forth in this Agreement as well as all applicable law. If you do not agree to these terms and conditions, STOP reading now, and do not access this Website. “We,“ “us” or the “Company” means Nicotine BRST US, LLC.
I. USE OF THE WEBSITE
A. General
Harassment or illegal behavior in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee or representative, as well as other members or visitors on the Website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the Website or use the Website to make commercial solicitations of any kind.
You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes (without limitation): any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
B. Participation Disclaimer
The Company does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
The Company 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 the Company in its sole discretion.
C. Third-Party Links
The Company may link to websites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which will have separate privacy and data collection practices, independent of the Company’s. These linked sites are provided only for your convenience, and you agree that you access them solely at your own risk.
II. ONLINE ORDERS
A. General
By purchasing items from the Website you agree that you are at least 21 years of age, and that any items purchased are for use by persons over the legal age to make such purchases. You also agree that you are fully aware of this Agreement and the other policies set forth on this Website, and that you are using this Website and the products on the Website AT YOUR OWN RISK.
B. Refusal of Orders
We may contact you to verify the information on your order and/or to verify your age. We reserve the right to hold any order suspected of credit fraud. We reserve the right to refuse or refund any order.
C. Order Cancellation and Alteration Policy
You can cancel your order up to 1 hour after placing it. After that, your order cannot be cancelled, as it may have already been processed or shipped. Currently, you can not make other alterations to the order after it is placed. If you need to make changes to items in your order, you can cancel within 1 hour and place the order again.
D. Disclaimer
The Company’s products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will the Company. be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on the Website. Our products are intended for ADULTS only. Our Products are not to be used by anyone under the legal age for purchasing such products of the state or province they reside in. Consult a physician before use of a product if you (without limitation): have heart disease or high blood pressure, or are pregnant (or thinking of becoming pregnant) or nursing, or those thinking of becoming pregnant.
E. Typographical Errors
In the event that a Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at such price. The Company reserves the right to refuse or cancel any such orders 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, the Company will issue a credit to your credit card account in the amount of the incorrect price.
III. INTELLECTUAL PROPERTY
A. Copyright
The entire contents of this Website, including (without limitation) all text, graphics or code, is owned by, or licensed to, the Company. Permission is granted to electronically copy and print hard copy portions of the Website solely to place an order with trybrst.com.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Website is strictly prohibited, unless authorized by the Company. You agree not to delete or modify any proprietary notices from materials downloaded from the Website.
B. Trademarks
All trademarks, service marks and trade names of the Company used in the Website are owned by or licensed to the Company.
IV. LIABILITY
A. Warranty Disclaimer
The Website and its content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. The Company expressly disclaims any warranties or representations regarding the use of the materials in the Website in terms of their accuracy, sufficiency, usefulness, timeliness, reliability or otherwise. Some states do not permit certain or all limitations or exclusions on warranties, so the above limitations may not apply to you to the extent provided for by applicable state law.
B. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account or your use of the Website (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
C. Limitation of Liability
The Company will not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Website or the performance of the products, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages in certain circumstances, so the above limitation or exclusion may not apply to you in those circumstances.
V. GENERAL
A. Term; Termination
These terms and conditions are applicable to you upon your accessing the Website, whether or not you complete registration or purchase products through it. This Agreement, or any part of it, may be changed by the Company without notice at any time, for any reason. The provisions relating to “Copyrights,” “Trademark,” “Disclaimer,” “Limitation of Liability,” “Indemnification” and “Miscellaneous” will survive any termination and exist perpetually.
B. Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and the Company (the “parties), arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New Castle, Delaware, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator will apply the substantive laws of the Federal Judicial Circuit in which the Company’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator will decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The decision of the arbitrator will be final and binding, and no party will have rights of appeal except for those provided in section 10 of the FAA. Each party will bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator will have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator will have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator will have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive any cancellation or termination of your agreement to participate in any of our Programs
C. Miscellaneous
Your use of the Website will be governed in all respects by the laws of the State of Delaware, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Company products) must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of the terms and conditions in this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.