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Term & Conditions

Term & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY ACCESSING THE SERVICE, MATERIALS AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. TechBridgeWest reserves the right to change these terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Service and the Sites, you agree in advance to accept any changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site. The changes will appear on this screen.

Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites, materials and services owned by TechBridgeWest. Unless we say otherwise, all references to the Site and materials in these terms and conditions include all such sites and materials. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.

Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.stopflash-usa.com are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. TechBridgeWest makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

Shipping Limitations
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Restrictions on Use of Materials
The contents of our sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites or materials. Only if you obtain prior written consent from us with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Sites.

You must abide by all additional copyright notices or other restrictions contained in any of the Sites.

Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of TechBridgeWest and its affiliates (per the affiliate agreement). Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of TechBridgeWest.

Third Party Links
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by TechBridgeWest. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. We are not responsible for any content, materials or other information located on or accessible from any other Web site. We do not endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to any of the Sites only through a plain-text link. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to TechBridgeWest, email, info@techbridgewest.com . We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.

Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Security Policy
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).

User Information
Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Registration
We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

LIMITATIONS OF LIABILITY
TechBridgeWest will not assume any responsibility, or be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.

IN NO EVENT WILL TechBridgeWest OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.

Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and TechBridgeWest to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of California.  A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Herbotanix products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent and disease. Read carefully all product packaging prior to use.

Jurisdictional Issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

Additional Assistance
 If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Care Department by e-mail at info@techbridgewest.com.

TechBridgeWest Online Privacy Policy
We are committed to protecting the privacy and security of the users of our sites.

This privacy policy will advise you about how we protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly.

If you have any questions or concerns about our privacy policy, please send an e-mail to: info@techbridgewest.com

Scope of Privacy Policy
This policy applies to your use of all of the sites and services owned or operated by TechBridgeWest and any other site that we may own or operate currently or in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the Sites only link. This policy covers only information collected on the Sites and does not cover any information collected offline by us.

Personal Identification Information
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for stopflashspray.com, our contests, sweepstakes, promotions, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors' requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on any of our Sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission.

If you do provide us with personal information for any of these activities, we may use it to conduct the activity. We may also use cookie technology and Web beacons (discussed in detail below) to improve your experience of these activities, including to remember your preferences, customize the content and advertisements that you see or authenticate your access to your personal information. In addition, in the event your personally identifiable information is requested as part of our surveys, polls or promotions, such personally identifiable information may be added to your registration information).

We may also contact you to confirm your registration and about your account status and regarding changes to the Sites' Terms and Conditions and this Privacy Policy.

If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or service that we think might be of interest to the users of our Sites. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed.

We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.

In addition, on occasion, we may collect personal identification information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.

Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.

Please note that if you give out personal information online—for example, on one of our public forums such as a message board or folder—that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in this manner. You disclose such information at your own risk.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

Non-Personal Identification Information
We collect non-personal identification information through the use of:

"Cookie" technology: A "cookie" is an element of data that a web site can send to your browser, which may then store it on your system.

"IP address tracking": An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.

"Web beacons": A Web beacon, or "clear gif", is a small graphic image on a webpage or web-based document that a web site can use to determine information about a user.

Non-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Sites - such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our sites and about the links you may select from within our Sites to other areas of the World Wide Web or elsewhere online.

We use such information to administer the Sites, better manage advertising on the Sites, and, in the aggregate, to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our Sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites.

We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you. Please click here to see a list of certain third-party advertising companies and other partners of our Sites and links to their websites containing their privacy policies.

We use a proprietary advertising server to display ads on our Sites. In addition, advertisers may elect to use third-party advertising companies to serve ads onto our Sites. Some of our advertisers may display ads on our Sites that may use cookie technology or Web beacons to (i) identify non-personal information about our users (such as connection speed, browser and country of origin) and (ii) track user behavior within our Sites. Advertisers generally use such information to customize the display of ads within our Sites. We will not permit such advertisers to collect any personal information from our users within our sites. We do not have access to these cookies or any information that they may contain.

Further, we currently contract with a third party web analytics provider to help manage and optimize our Sites. We use this service to help us measure the effectiveness of our advertising and how visitors use our Sites. To do this, we use Web beacons and cookie technology on the Sites. The type of information we collect includes the number of hits a web page receives, type of browser used, and number of times a visitor makes a purchase from a particular promotion. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products and services most interest our users, and what kinds of offers our users like to see. Although this third-party provider logs the information coming from our Sites on our behalf, we control how that data may and may not be used.

Privacy of Children
We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

Links To Other Sites
Users will find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Security Policy
Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail).

Choice/Opt-Out
If you "opt-in" to receive information from us or others, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, please let us know by sending us an email or postal letter. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.

Consent to Transfer
The Sites are operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

Your Acceptance of These Terms
By using any of the Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Sites following the posting of changes to these terms will mean that you accept those changes.

Contact Us
This is the web site of TechBridgeWest.

We can be reached via email at:  info@techbridgewest.com

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