This provision is an agreement between you and Hysen, which governs www.hysenusa.com and its related web and mobile applications (collectively "the Website") to provide the use of our website; including all purchases made by you (including Hysen and its representatives all communication and interaction of any advertising); and the use of products of Hysen. Hysen and its representatives, officials, shareholders, subsidiaries, affiliates, employees, and agents (collectively, the "Company" or "us") provide this site and any products to you in accordance with the following terms of service ("Terms").
Both you and the company agree that, except for the limited exceptions noted below, all disputes between you and the company will be resolved through the binding arbitration set forth further below. Arbitration means that you and the company each waive the right of the jury to try or participate in a class action.
If after careful consideration, you do not accept these terms, this agreement is still binding, but the company will allow you to send the product back in order to get a refund. (See below for details on how to return the product and receive a full refund or partial refund, as appropriate.) Please note: Once you open the product, you are deemed to have reconfirmed these terms and the product cannot be returned.
Regarding your use of this site, we may unilaterally revise this article unilaterally. Please check the online version of this clause periodically. Regarding your purchase and/or use of our products, these terms constitute the entire agreement between the company and you. These terms may not be altered, supplemented or modified using other documents, unless you have signed a written agreement with Hysen.
You agree to conclude this article electronically and agree to electronically store the relevant records of this article.
You declare: (1) You are at least 18 years old; (2) You have reached the legal age for entering into a binding contract; and (3) You are not prohibited from obtaining services under the laws of the United States or other applicable jurisdictions.
Some parts of this site can be used without registration. However, in order to use certain parts and features of this site, you may be required to register and log in to this site. You are responsible for maintaining the confidentiality of the user's name, password and other information for your registration and login to the website, and you are solely responsible for all activities that occur under that username and password. Please contact us at firstname.lastname@example.org and immediately notify us of unauthorized use of your account or other breach of security. If you have contact with us or a third-party service provider, you agree that all information provided by you is accurate, complete and up-to-date.
This website may be linked to other websites. You acknowledge and agree that the company is not responsible for the availability of external websites and does not endorse or take responsibility for any content, advertisements, products, and/or other materials provided on the website. The company does not provide any guarantee or statement as to the accuracy, current and completeness of the information contained on this website, nor is it liable for any damages or injuries caused to the content or information. You further acknowledge and agree that the company assumes no direct or indirect liability for any damages or losses caused or alleged to be caused or alleged to be caused by or dependent on the content, goods or services provided on this website. Joining a third-party link does not imply a company's endorsement or recommendation.
We reserve the right to change or temporarily or permanently stop this site, with or without notice. You agree that the company shall not be liable to you or to any third party for any change, suspension or termination of this website or any part of it.
The company and our related logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this website, such as trademarks, service marks, names, or logos of third-party organizations, are the trademarks, service marks, or logos of their respective owners. You have not been granted the right or permission to the aforementioned trademarks, service marks or logos.
Some of the materials provided on this site are our work (the content we own, write, create, purchase, or license). Our works are protected by copyrights, trademarks, patents, trade secrets and/or other laws, and we reserve all rights to our works and this site. We are hereby granting you free, limited, irrevocable, non-transferable, and non-exclusive licenses for your use of our work solely for your personal use of this site. Except as expressly provided in this article, you may not copy, distribute, communicate to the public, provide, adapt, publicly perform, link or publicly display the work or its adaptations in other circumstances.
You and other users may upload, create, provide, send, share, transmit, transmit, or submit ("submit") information, information, comments, ideas, or other types of content to or through this site and other sites linked to this site (collectively, "content"). You understand that all content submitted by users of this site ("User Content") is solely responsible for the content originator. We do not guarantee any user content. Under no circumstances will we be liable for user content-related claims.
You retain ownership of the intellectual property rights contained in your user content. However, you grant us free, irrevocable, transferable, transferable, and non-exclusive perpetual licenses, and use any and all media now known or later designed for use and use (including but not limited to copying Distribute, publicly display, adapt, communicate to the public, and/or publicly perform any and all content that you submit to this site. You also waive any and all claims against us in relation to the moral rights of the user content to the extent permitted by law. Under no circumstances will we be liable to you for the use of your submitted user content. You confirm, represent and warrant that you own the User Content submitted, or have the necessary permissions, rights, consents, and permissions to publish and use the Content.
You also grant non-exclusive, royalty-free licenses to other users of this site, use your user content through this site in accordance with the terms of this site, and if necessary, copy, perform publicly, communicate to the public, distribute or publicly display.
By submitting your comments or testimonials to us, you grant us and our designated person, successor, assignee, and licensee an irrevocable, royalty-free right, through all media that are now known or later invented worldwide, permanently post, distribute and use your name and portrait as well as your comments or testimonies without further notice or consideration.
The company does not assume the obligation of confidentiality expressed or implied by the user content, such as questions, comments, proposals, etc., that you submit to us through this website or via email via the website or other means. The company reserves the right to use, use or disclose (or choose not to use, utilize or disclose) the user's content in full and absolute freedom, and does not assume any obligation to you (in any case, you do not have the right to receive any compensation from us or make up). The company may freely use the ideas, concepts, know-how or methods contained in your company's communications for any purpose, including but not limited to the development, manufacture and marketing of products, without obtaining further authorization from you or paying you compensation.
You represent and warrant that you will not use this site:
Violation of any law (including but not limited to infringement, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage others to do so, or provide instructions for doing so;
Acts adversely affect the use of the website by other users, including the conduct of harmful, threatening, abusive, inciting, coercive, violent acts, or encourage violence, harassment, stalking, invasion of privacy, or unpleasant in race, race, or other aspects.
Submit user content that includes unsolicited advertising or promotional materials, promotional materials, spam, serial letters, pyramid schemes, or other unauthorized peddles;
Submit user content containing lottery, contests, sweepstakes, or other gambling-related information;
Submit user content containing copyright material that you do not own or that is protected by other intellectual property rights laws;
Submit User Content that you have not obtained all necessary written permission and disclaimers;
Misrepresentation of facts (including but not limited to your identity);
Submit user content including software viruses or other computer code, files or programs designed to interrupt, destroy or restrict computer software or hardware or telecommunications equipment, including denial of service attacks or similar actions;
Exceed any part of your permission to use this site;
Collect or store personal data about any person;
Change any part of this site without permission;
Obtain or attempt to obtain or otherwise gain access to content or information that the Site does not intend to provide by any means;
Use of design errors, undocumented features, and/or defects to obtain use that is not provided;
Use robots, web spiders, scrapers, or other automated means to access this site for any purpose;
Take actions that cause unreasonable or disproportionately large loads on our infrastructure or;
Intervene or attempt to intervene in the normal operation of this site or activities conducted on this site, or to circumvent our measures to prevent or restrict the use of this site.
Although we use reasonable efforts to provide accurate pricing information and product descriptions, there may be price errors, typographical errors, or errors regarding product availability. We reserve the right to correct this mistake. If the price of the product is incorrectly labelled or the product description is inaccurate, we reserve the right to decide freely whether to reject or cancel the order placed on the product. In this case, if your credit card has been charged, we will refund it to your credit card within a reasonable commercial time.
Please refer to our shipping policy for more information on our shipping prices, policies and procedures.
If you are not satisfied with the goods and need to return, we will help. Please call our toll free number (866) 775-3589. Up to 7 days from the time you receive the goods, you can make a return. Goods that do not meet the return conditions include: open goods and damaged goods (broken). You are responsible for the initial and return shipping charges, and the refund will be less the total amount of shipping and handling charges charged.
Any and all third-party claims, claims, lawsuits, cases, losses, obligations, liabilities, judgments, and any claims arising out of, relating to, or related to your relationship with us described in this article (including violations of the statements and warranties contained in this article). Procedures, damages, expenses, and expenses (including reasonable attorneys' fees and expenses) you agree to indemnify and hold the company and its representatives, officials, shareholders, subsidiaries, branches, employees, and agents harmless. You now agree that we have full rights and obligations to control legal defenses against this claim, requirement or lawsuit, including the choice of a lawyer of our choice and the right to compromise or settle the claim, claim or action.
You use this site and our products at your own risk. This website and the products provided on this website are provided on an "as is" and "available" basis without any express or implied warranty.
To the fullest extent permitted by applicable law, the company refuses to acknowledge all express or implied warranties of this website and the contents of this website and obtained or purchased and products obtained in any way, including but not limited to the marketable, suitable for specific purposes and implied warranties of no infringement.
The company makes no representations or warranties, express or implied: (1) This website or product meets your requirements; (2) The quality of the content or products you obtain through this website meets your expectations; (3) Operations will be uninterrupted, timely, secure, or error-free, or bugs will be corrected; or (4) This site, our servers, or our communications are free of viruses or other harmful components.
You are solely responsible for your damage to your computer or loss of data if you use this site.
The information, services or purchases you receive from us or through this website will not constitute guarantees not expressly stated in this article.
No agent, employee or representative of ours has the right to restrict any of our confirmations, representations or guarantees of the product beyond what is expressly provided in this document.
The company shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of or in connection with the use or inability to use the website or the information, content, or materials, or any products or services provided to you through this website, even if the company has been informed of the possibility of damage, regardless of whether the lawsuit is based on contracts, intellectual property rights infringement, infringement, negligence, or other grounds. However, this restriction does not apply to direct or indirect damages for personal injury. You agree not to bring a lawsuit or procedure that is inconsistent with the foregoing limitation of liability.
Some jurisdictions may not allow certain liability or damages limitations. If the court determines that the law of the jurisdiction is applicable, it shall limit our liability to the maximum extent permitted by law.
If you have a dispute with one or more users of this site or through advertising or third-party service providers on this site or provide links to the site of this site, you have any kind and nature that is caused or related to the dispute. Known and Unknown Claims, Requirements and Damages (incidental, indirect, punitive, statutory, disciplinary, expectant, special or consequential damages) are exempted from liability of the company. If you have a dispute with any third party in any way related to our products, you have known and unknown claims, requirements and damages of any kind and nature (related, indirect, punitive, statutory, Disciplinary, expectant, special or consequential damages are exempted from liability of the company.
Restrictive Arbitration Agreement and Group Litigation Disclosure
Both you and the company agree that in addition to the limited exceptions specified below, you will resolve all disputes between you and the company through the binding arbitration set forth further below. Arbitration means that you and the company each waive the right to a jury trial or to participate in a class action.
You and the company waive the following rights: as a group, merger, representative, collective or private prosecutor litigation, to bring up your use of this website, your account, or products you purchase through this website or purchased through this website cause or related disputes, a claim or dispute, or participation in a lawsuit filed by a group, a merger, a representative, a collective, or a private attorney general who has been brought against the claim. (This waiver, further elaborated below, is generally referred to in this article as abandonment of a class action.)
The use of this site, the purchase and/or use of our products, and your use of this site, your account, purchases or products arising out of or through the site, or disputes, claims or disputes arising out of or relating to the product, are subject to the laws of your home state. Does not consider its legal choice (or conflict of laws) rules.
These terms constitute the entire agreement between you and the company and governs your use of this website and our products.
These terms supersede previous agreements between you and the company on this website and our products.
These terms and their contained rights, interests, and obligations may be completely transferred by us and be bound and applied to our successors and assignees.
When interpreting the provisions of this article in judicial or other proceedings between the parties, the lawyers of one or the other party shall not be considered as drafters of this agreement.
Except as otherwise expressly provided in these terms, this Agreement does not include third-party beneficiaries. For the sake of clarity, company representatives, officials, shareholders, subsidiaries, branches, employees, and agents are expected third-party beneficiaries.
These terms are not intended and do not establish an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
The company does not exercise or enforce any of the rights or provisions of this article and does not constitute a waiver of that right or provision in any respect. Any right or provision to waive these terms must be in writing.
If any provision of these terms is found to be invalid by a court with jurisdiction, the court shall endeavor to give effect to the intention of the parties embodied in the provision, and the other provisions of the clause continue to have full effect.
The headings in these terms are for convenience only and have no legal or contractual effect.
We may notify you through this site's notice, email or other means of communication, and terminate the Terms at any time for any reason or not for any reason. This termination does not jeopardize our rights, relief, claims or defences under these terms.
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