Terms and ConditionsWelcome to the Algenist.com website (the “Site”). This Site is owned by Algenist LLC (“we”, “us”, “our”, “Algenist”). We may, in our sole discretion and at any time, modify or discontinue any part of this Site. By accessing, viewing or using this Site, including all services, functions and features of this Site, you agree to be bound by, and to act in accordance with, the following terms and conditions (the “Terms and Conditions”). If you do not agree with any part of these Terms and Conditions, you must not use our site. If we decide to change these Terms and Conditions, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms and Conditions will be effective upon the posting of the revisions. Your continued use of the Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms and Conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site. PLEASE NOTE THAT SECTION 10 BELOW ENTITLED “DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER” CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY (i) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (ii) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Table of Contents
- Personal Information Submitted Through the Sites
- Site Contents
- Copyright Complaints
- User Provided Ideas and Submissions
- Site Transactions
- Accuracy of Information
- Operation and Accuracy of this Site
- Limitation on Liability
- Dispute Resolution; Informal Resolution and Formal Resolution By Arbitration/Class Action Waiver
- Laws and Regulations
- Prohibited Activities
- Governing Laws and Jurisdiction
- Consumer Information Rights
- No Waiver
- Continuing Terms and Conditions
- Email & SMS
2. Site ContentsUnless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, operating software, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Algenist . Contents may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. We allow you to view, refer to and use the Site and its Contents subject to these Terms and Conditions and provided that such material is used solely for non-commercial, personal, and informational use. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of browsing such website, the Site and its Contents may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, transmitted in any manner, or used to create derivative works of any material found on our Site without our prior written consent. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on this Site or in the Content. The use of any Content, without our prior written consent, is expressly prohibited. Any rights not expressly granted in our Site are reserved to us.
3. Copyright ComplaintsWe respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
4. User Provided Ideas and SubmissionsPlease do not send us any confidential or proprietary information through this Site. Any feedback, information, suggestions, ideas or materials you submit through or in connection with this Site (a “Submission”) will be considered non-confidential and non-proprietary by us. Algenist may in its sole discretion edit any Submission and choose to include or not include such Submission on this Site or elsewhere. By providing such Submission to us, you hereby grant to us, without compensation to you, a non-exclusive, transferable, royalty free, worldwide right and license to copy, use, make derivative words of, display, and distribute the Submission, including any copyrights, trademarks, trade dress and/or other intellectual property in such materials. We shall be free to use and/or disseminate such Submission on an unrestricted basis for any purpose. You represent and warrant that you have all rights necessary for you to grant the licenses granted hereunder for such Submission and acknowledge that you are responsible for the Submission that you provide, and that you, and not Algenist, have full responsibility for the Submission. You further waive any “moral rights” or other rights with respect to the attribution of authorship or integrity of materials with regard any Submission that you may have under any applicable law. This Section will survive termination of this agreement, including these Terms and Conditions.
5. Site TransactionsWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. HyperlinksOur Site may contain hyperlinks to websites owned and/or controlled by parties other than Algenist. Access to any other website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. We provide these hyperlinks merely as a convenience and the inclusion of such hyperlinks does not imply an endorsement by Algenist or our Representatives (as defined below in these Terms and Conditions), and Algenist and our Representatives shall not be liable for any damage that might result from your use of information or products accessed through these hyperlinks. You should always check the terms of conditions and/or use posted on third party sites
7. Accuracy of InformationThe information materials on this Site (including any graphics, software, recommendations or other materials) and any materials made available through this Site are provided “as-is” and, to the extent permitted by applicable law, Algenist disclaims warranties of any kind, either express or implied. The materials on this Site may include technical inaccuracies or typographical errors. The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the merchandise on delivery. These materials may be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Algenist undertakes no obligation to verify or maintain the currency of such information.
8. Operation and Accuracy of this SiteYou agree that you use this site at your own risk. This site is provided “as is” and “as available”. Algenist is not responsible for the results of any defects that may exist in this site or its operation. To the fullest extent of the law, Algenist expressly disclaims all warranties, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Algenist makes no representation or warranty of any kind regarding the accuracy, completeness, integrity, accuracy, functionality, availability, or operation of this site. Algenist does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. We do not warrant that this site will be uninterrupted, timely, and secure, free of viruses, worms, trojan horses, time bombs, malicious code or other harmful components, or free of defects or errors; that the results that may be obtained from the use of this site will be accurate or reliable; or that defects will be corrected.
9. Limitation of LiabilityWe are an online service provider; we are not responsible for any loss or injury whatsoever due to this Site, its Contents, or other information published through this Site. This Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE E-MAIL WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE INFORMATION ON THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS INCLUDES LIABILITY FOR LOSSES/DAMAGES IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH: (I) INACCURACIES OR OMISSIONS IN ANY CONTENT DISPLAYED ON THE SITE; (II) LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; (III) BUSINESS INTERRUPTION; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
11. TerminationWe may, in our sole discretion and at any time, discontinue this Site, either in part or in whole, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
12. Laws and RegulationsYou must comply with all applicable laws, statutes, ordinances and regulations regarding: use of this Site and release of information to and retrieval of information from this Site.
13. Prohibited ActivitiesWe have no obligations or responsibility for postings to this Site or liability arising from the content of any such postings to this Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use any device, software or routine, including but not limited to any viruses, worms, trojan horses, time bombs, malicious code or other harmful components, intended to damage or interfere with the proper working of this Site or to surreptitiously intercept or expropriate any system, data or personal information from this Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam,” or any other such overload technique(s). We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone violating these Terms and Conditions. We may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Algenist, our Representatives, our customers, or the public.
14. AssignmentYou do not have the right to assign or transfer your rights under these Terms and Conditions to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of this Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms and Conditions.
15. IndemnificationYou agree to indemnify and hold harmless Algenist and our Representatives from any claim, actions, demands, or other proceedings made by a third party due to or relating to your breach of these Terms and Conditions or your violation of law or the intellectual property, privacy or other rights of any third party.
16. Governing Law and JurisdictionYou recognize that, although the Internet can be accessed from anywhere in the world, this Site is located in the State of California, United States of America, and that when you access this Site, you are doing so in the State of California, United States of America. These Terms and Conditions shall be governed by and construed in accordance with the internal substantive laws of the State of California without giving effect to any principles of conflict of law and the federal laws of the United States of America. Subject to Paragraph 10, titled Any legal action or proceeding relating to your access to, or use of, our Site shall be instituted in a state court in San Mateo County, California or the U.S. District Court for the Northern District of California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.
18. SeverabilityIf any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Algenist to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted herein.
19. No WaiverNo failure on the part of Algenist to enforce any part of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions whether for past or future actions on the part of any person.
20. MiscellaneousHeadings are for reference purposes only. These Terms and Conditions, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
21. Continuing Terms and ConditionsWe may amend, modify or supplement these Terms and Conditions at any time. Your continued use of this Site constitutes your acceptance of any such amendment, modification or supplement. Effective and updated as of December, 2018.
22. Email & SMS
Terms of Service
By consenting to Algenist’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us.
Arbitration and Class Action Waiver Agreement:
By using or purchasing Algenist products or services, you agree that any controversy, claim, action, or dispute between you and Algenist arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Algenist’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules. Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Algenist’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring Algenist’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Algenist agree that you may bring or participate in Claims against Algenist only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Algenist agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.