Terms & Conditions
Effective Date: January 1, 2022
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old or the age of majority in your jurisdiction in order to access the Sites, make a purchase on the Sites and/or otherwise utilize the Site Offerings. If you are under 18 years old or the age of majority in your jurisdiction, then you may not access the Sites, make a purchase on the Sites and/or otherwise utilize the Site Offerings. By accessing or using the Sites, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT ACCESS AND/OR USE THE SITES AND/OR SITE OFFERINGS.
Products and Services for Personal Use
The products and services available on the Sites, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Purchase Related Policies and Procedures
(a) Products. You can purchase our products via the Sites by completing the applicable purchase form and providing the requisite billing information. Where you purchase products, your credit card, debit card, Amazon Pay® account, and/or any other payment option provided by you (as permitted by SPOILEDCHILD in its sole discretion) (collectively, “Payment Method”) on the form or updated at a later date will be charged the applicable amount. Prices do not include applicable taxes. Charges associated with your purchases will appear on your Payment Method statement through the identifier “SpoiledChild.” Other than as expressly set forth herein to the contrary, all sales of products are final and non-refundable.
Amazon Pay® is a registered trademark of Amazon.com, Inc. (“Amazon”). Please be advised that SPOILEDCHILD is not in any way affiliated with Amazon, and the products, Sites and Site Offerings are not endorsed, administered or sponsored by Amazon.
(b) Auto-Refills. You may have the option to purchase certain products using the “Auto-Refills” subscription option as made available by and through the Sites. In connection with your Auto-Refills subscription, you shall be permitted to select the quantity and frequency of the ordered products, subject to the options made available by SPOILEDCHILD. For as long as your Auto-Refills subscription remains active, a recurring charge based on the quantity and price of the products selected for Auto-Refills, plus tax, will be automatically charged to your selected Payment Method for each shipment. The actual cost of each shipment may vary depending on applicable taxes and your chosen product quantity and frequency of delivery. These recurring fees will be charged in advance, upon shipment of the subject product order. You acknowledge and agree that SPOILEDCHILD will not obtain any additional authorization from you for this recurring payment. Every time that you use your Auto-Refills subscription, you re-affirm that SPOILEDCHILD is authorized to charge your Payment Method and to have the fees applied to same.
- Auto-Refills Subscription Cancellation: You can modify or cancel any Auto-Refills order up to 12-hours before that order ships. If you cancel or modify within 12-hours of shipment, that order will not be cancelled or modified. To cancel an Auto-Refills order, please go to www.spoiledchild.com and log into your account by clicking the My Account Icon at the upper right corner. You may cancel your order from within the “Auto-Refills” tab of My Account.
- Auto-Refills Questions & Concerns: If you have any issues with your shipment or order, please contact our customer support team at: [email protected].
(c) Returns. All returns and exchanges will be governed by our Shipping & Returns Policy, which we may amend and/or modify at any time; provided, however, that any amendment or modification to the Shipping & Returns Policy shall not apply to any purchases made prior to the applicable amendment or modification.
(d) Modification of Shipping/Billing Account Settings. To modify the Auto-Refills subscription, billing and/or shipping details associated with your account, and/or to cancel an order, please go to www.spoiledchild.com and log into your account by clicking the My Account Icon at the upper right corner. You can update your shipping address, billing information, Payment Method, etc. from within “MY ACCOUNT” on the “Auto-Refills” tab.
(e) General Billing Provisions. Failure to use the products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of SPOILEDCHILD in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), SPOILEDCHILD reserves the right to change its billing provisions whenever necessary, in its sole discretion. Continued use of the Sites and/or purchase of products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
SPOILEDCHILD’s authorization to provide and bill for the products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. SPOILEDCHILD’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
The risk of loss and title for the products purchased by you passes to you upon delivery of the products to our designated carrier but we reserve the right to remedy user issues and concerns on a case-by-case basis. To view policies and procedures related to orders placed through the Sites (such as order processing, shipping and handling, returns and exchanges), click here.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Sites; provided, however, that we do not warrant that the product descriptions, colors, information or other content available on the Sites are accurate, complete, reliable, current, or error-free.
This Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
All information and content available on the Sites and its look and feel, including, but not limited to, the Site Offerings, trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the “Content”) is the property of SpoiledChild or our parents, subsidiaries, affiliates, partners or licensors, and is protected by United States and international rights and laws, including laws governing copyrights and trademarks and applicable intellectual property.
Except as set forth in the Limited Licenses Section below, or as required under applicable law, neither the Content nor any portion of the Sites may be used, reproduced, published, distributed, displayed, used to create derivative works, exploited, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Limited Licenses: Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Sites and Site Offerings. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Sites:
- frame or utilize framing techniques to enclose the Sites or any portion thereof;
- use any meta tags, meta elements, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Sites, Site Offerings, Content (except caching or as necessary to view the Sites), or the personal information of others without our prior written permission or authorization;
- make any use of the Sites, Site Offerings, or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Sites, Site Offerings, or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Sites, Site Offerings, or collect any Content;
- engage in any “screen scraping,” “database scraping,” or similar activities to obtain any Content from the Sites;
- accumulate or index, directly or indirectly, any Content or portion of the Sites and/or Site Offerings for any commercial purpose whatsoever;
- "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Sites and/or Site Offerings; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Sites for personal, non-commercial use only. A website that links to the Sites: (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us, the Site Offerings or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Sites other than the home page. We may, in our sole discretion, request that you remove any link to the Sites, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Sites, Site Offerings and/or any Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or the Terms and Conditions.
Your Obligations and Responsibilities
By accessing or using the Sites, Site Offerings and/or any Content, you agree that you will comply with the Terms and Conditions and any warnings or instructions on the Sites. You agree that when accessing or using the Sites, Site Offerings or any Content, you will act in accordance with all applicable laws, custom and in good faith. You may not make any change or alteration to the Sites, Site Offerings or any Content or services that may appear on the Sites and may not impair in any way the integrity or operation of the Sites and/or Site Offerings. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in the Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Subject to the age restrictions outlined above, you may view and use many features of the Sites without registering, but in order to purchase products and/or access and use certain parts of the Sites and/or Site Offerings, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password (to the extent you register utilizing a username and password) and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information by and through your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Sites on someone else’s behalf, you represent that you have the authority to bind that person as the principal to the Terms and Conditions, in their entirety, and to the extent you do not have such authority you agree to be bound to the Terms and Conditions and to accept liability for harm caused by any wrongful use of the Sites, Site Offerings or Content resulting from such access or use. You may cancel your online account with us at any time mailing us at [email protected]. We reserve the right to refuse service and/or terminate accounts without prior notice if the Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Third Party Links
We are not responsible for the content of any third party sites even if they are linked to or from the Sites. Links appearing on the Sites are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Sites, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
Special Features, Functionality and Events
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available product reviews, suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") to us, whether through the Sites, any third-party websites or otherwise in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including, without limitation, developing, manufacturing, distributing and marketing the Site, Site Offering and other SPOILEDCHILD products and/or services.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Sites and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Sites, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Sites. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of the Terms and Conditions, we have the right to remove any User Content that violates the Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Sites or in connection with our mobile applications, please contact us by email at: [email protected] and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Copyright Infringement Notices
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is Boaz Ariely, SVP Performance Marketing, SpoiledChild Inc., 110 Greene St., Second Floor, New York, N.Y. 10012. Telephone: +1 (917)746-6906.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SPOILEDCHILD THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO [email protected]
Disclaimer of Warranties; Limitation of Liability
THE SITES, SITE OFFERINGS, CONTENT AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS AND CONDITIONS, THE SITES, SITE OFFERINGS, CONTENT OR RELATED SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES AND/OR SITE OFFERINGS; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITES; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SITE OFFERINGS, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITES AND/OR SITE OFFERINGS, OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED FIVE HUNDRED DOLLARS ($500.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITES, SITE OFFERINGS AND/OR THE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITES AND/OR SITE OFFERINGS, TERMINATION OF YOUR USE OF THE SITES AND SITE OFFERINGS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites, Site Offerings and/or Content in violation of any law, rule, regulation or the Terms and Conditions, or (ii) your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the Sites and/or Site Offerings, all rights and obligations and all actions contemplated by the Terms and Conditions shall be governed by the laws of the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITES, THE SITE OFFERINGS, THE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Consent to Receive Notices Electronically by Posting on the Sites and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which the Terms and Conditions refer from us electronically including without limitation by e-mail, push notification, mobile notifications, by posting notices on the Sites or otherwise. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of the Sites. In such event, all rights granted to you pursuant to the Terms and Conditions, including but not limited to the limited licenses set forth in the Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of the Sites to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that the Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Sites and Site Offerings, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change the Terms and Conditions at any time by posting the changes on the Sites and providing notice of such change. Any changes are effective immediately upon posting to the Sites and release of notice of such change. Your continued use of the Sites and/or Site Offerings thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by the Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms and Conditions unenforceable or invalid as a whole but the Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding the Terms and Conditions, please email us at [email protected].