Description of Website; Acceptance of Terms
Welcome to www.FSAstore.com (“Website”), a web-based ecommerce platform owned and operated by FSA Store Inc. ("FSA Store", "we", “our”, "us") that provides information and shopping services for thousands of products intended to be eligible for purchase under most flexible spending account plans at competitive prices.
IF ANY OF THESE TERMS OR ANY FUTURE CHANGES (AS DESCRIBED IN MORE DETAIL BELOW) ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE.
In addition to any other representations and warranties contained herein, you represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Terms, and that your access to, and use of, the Website shall be in compliance with these Terms in all respects, as well as any other applicable laws, rules and regulations of any governmental authority, wherever you are located.
Modification of Website Terms
We reserve the right to modify these Terms in our sole discretion from time to time. We encourage you to review the Website and these Terms periodically for any updates or changes. If we make a material change or amendment to these Terms, we will post the new terms on the Website and note the date they were last updated. Any changes or modifications will be effective automatically upon the posting of these Terms as revised on the Website, and your use, or continued use, of the Website following such posting will automatically constitute your acceptance of the new Terms. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
United States Operation and Governance
FSA Store is a United States entity and the Website is operated in the United States and governed by the state and federal laws of the United States. The Website is therefore intended for access from, and use by residents of, the United States only. If you are a resident of, or access the Website from, a jurisdiction outside the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to this Website and you therefore do so at your own risk and are responsible for compliance with all applicable laws of such jurisdiction. We make no representation that the Website or Website Content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export any Website Content in violation of United States export laws and regulations.
Website Intellectual Property; Website License; Website Access, Suspension and Termination
Except with respect to the limited licenses granted herein, FSA Store retains all right, title and interest in and to the Website, throughout the world, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website by or on behalf of FSA Store, including, without limitation, all Website Content (defined below), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). The Website IP is protected in all forms, media and technologies now known or hereinafter developed. FSA Store’s ownership in and to such Website IP includes the coordination, selection, arrangement and enhancement of such Website IP as a Collective Work under the United States Copyright Act, as amended.
FSA Store grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable license to access and make personal use of the Website solely as provided herein, subject to these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Website, (ii) any Account Data (defined below), or (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, screenshots, videos, graphics communications, posts, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Website by FSA Store or any third party acting on behalf of FSA Store or with FSA Store’s express permission (collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of FSA Store or the applicable third party who has uploaded such Website Content to the Website and/or granted FSA Store the right to use such third party owned Website Content on the Website, as applicable. The Website and any Website Content (or portion thereof) may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, modified, augmented, or otherwise exploited by you for any purpose without express prior written consent of FSA Store (or the applicable third party owner of such Website Content) in each instance. Violation of this Section 2 may result in infringement of intellectual property and contractual rights of FSA Store or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties. Except as expressly set forth above, these Terms do not grant to you any express, implied or other license or right in and to any Website Content or other intellectual property belonging to FSA Store or any other third party.
In addition to the foregoing, if any software is provided by FSA Store in connection with the use of certain Website pages or features, or is required to access or use certain Website pages or features, the use of such software shall be governed by a software license agreement accompanying such software, if any, and you hereby agree to comply with all of the terms and conditions included therein.
In certain instances, FSA Store may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only and any attempt by you to access these protected pages without authorization may subject you to criminal or civil liability. This License terminates automatically upon any unauthorized use of the Website and FSA Store will take appropriate investigative and legal action for any illegal or unauthorized use of the Website.
FSA Store reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website or your Account (defined herein), either in whole or in part, at any time, for any reason, and with any conditions, including, but not limited to, if FSA Store believes in good faith that you have violated or acted inconsistently with these Terms or any applicable law, or that you have engaged in conduct that FSA Store determines to be inappropriate or unacceptable. FSA Store reserves the right, in its sole discretion, to terminate your access to the Website and your Account if you file any claim against FSA Store or any claim that involves the Website. FSA Store also reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by FSA Store. If FSA Store terminates, limits, or suspends your right to use the Website or Account, without FSA Store’s prior written consent, you are prohibited from accessing the Website or registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In the event your right to use the Website is terminated, limited, or suspended, these Terms will remain in effect and enforceable against you.
You may terminate these Terms at any time by ceasing all use of the Website and closing your Account as provided herein; provided, that all sections of these Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.
FSA Store may in the future update the Website to change the material, Website Content and/or features thereof at any time (an “Update”). FSA Store shall not be liable to you in any way as a result of any temporary suspension of the Website arising from or in connection with an Update. Furthermore, FSA Store is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you pursuant to this Section 2 shall apply in full to any Update.
Your access to the Website may be interfered with by numerous factors outside of FSA Store’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. FSA Store is not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the Website. In addition, perfect security does not exist on the Internet; FSA Store cannot and does not guarantee that any Account Data or other personally identifiable information submitted to the Website will not become public under any circumstances.
Prohibited Website Uses and Activities
You agree to access and use our Website solely in accordance with these Terms and all applicable laws, rules and regulations, and solely through the interface that is provided by us for use in accessing the Website. The License granted to you pursuant to this Website does not include, without limitation: (a) any resale or commercial use of the Website or Website Content; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Website or any Website Content not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Website Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions on the Website; (e) making derivative uses of the Website and/or any Website Content; or (f) the use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website or to collect any Website Content or other information from the Website or any other user of the Website. You may not use any Meta tags or any other "hidden text" utilizing the FSA Store service mark, trade name, trademark, or product name without our express written consent.
By accessing and using the Website, you further agree not to do any of the following:
- Upload to, distribute or otherwise publish or transfer through, the Website or your Account, any content, materials or other information that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, including, but not limited to, that which advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload to, distribute or otherwise publish or transfer through, the Website or your Account, any content, materials or other information that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload to, distribute or otherwise publish or transfer through, the Website or your Account, any content, materials or other information that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party (including rights of privacy or publicity). By uploading any content, materials or other information to the Website, you represent and warrant that you have the lawful right to distribute and reproduce such content, materials and other information;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or allow others to impersonate you or misrepresent their affiliation with you, including, without limitation, in connection with the creation, access or use of an Account;
- Upload to, distribute or otherwise publish or transfer through, the Website or your Account, any content, materials or other information that constitutes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
- Upload to, distribute or otherwise publish or transfer through, the Website or your Account, any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, corrupted files, malware, spyware, bugs, or any other computer programming routines or similar software that may damage, interfere with, surreptitiously intercept, infiltrate, or expropriate any system, program, data or personal information.
- Advertise or offer to sell any goods or services for any commercial purpose through the Website, which are not expressly authorized by FSA Store in each instance.
- Engage in any activities that constitute spamming, which is strictly prohibited.
- Imply or state that any statements you make are endorsed by FSA Store, any third party, or any other user, without the express prior written consent of FSA Store, or such third party or user in each instance.
- Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website in any manner.
- Hack or interfere with the Website, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by FSA Store or any third party owner or licensee of any Website Content.
- Upload content, materials or other information that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Use the Website to collect usernames and or/email addresses of other users by electronic or other means.
- Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining FSA Store’s trade secret information for public disclosure or other purposes.
- Register under different usernames or identities, after your Account has been suspended or terminated or register under multiple usernames or identities.
- Cause or induce any third party to engage in the restricted activities above.
User Accounts; Account Data
In connection with your Account, you represent and warrant that: (i) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any Account Data, materials or other information you submit or upload onto the Website; (ii) such Account Data, materials and other information, when used for the purposes in which it is submitted onto the Website, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy; (iii) such Account Data, materials and other information will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) such Account Data, materials and other information will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) such Account Data, materials and other information will not be obscene or contain child pornography or be harmful to minors; and (vi) such Account Data, materials and other information will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vii) such Account Data, materials and other information will not create liability for FSA Store or cause FSA Store to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You acknowledge and agree that you shall be solely responsible for all Account Data, materials and other information that you upload onto the Website and that FSA Store reserves the right to reject, refuse, edit, modify, or remove all or a portion of any such Account Data, materials or other information from the Website that FSA Store determines, in its sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you.
You are responsible for maintaining the confidentiality of your Account and password and are fully responsible and liable for all activities that occur under your password or Account, even if not committed by you. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security by contacting us at firstname.lastname@example.org. FSA Store is not responsible for any loss or damage as a result of someone else using your Account, Account Data or password with or without your knowledge. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website and your Account only for lawful purposes.
FSA Store may from time to time modify or add to the Account Data information fields required to create or maintain your Account, and you agree to promptly complete any such additional or modified information fields when requested by us. If you fail to do so, we may terminate or suspend the use of your Account.
If you create and Account or accept these Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to act on behalf of that entity or agency, and to bind that entity or agency to these Terms. In such case, “you” and “your” will refer and apply to that entity or agency.
Website Use by Minors
The Website is not intended for or directed to persons who are minors (typically persons under the age of 18, but in some cases older depending on the defined age of majority under the applicable law of the jurisdiction of your primary residence). Because we cannot prohibit minors from accessing the Website, we must rely on parents and legal guardians to supervise minors and decide which materials are appropriate for minors to view and/or purchase. By accessing and using the Website, including, but not limited to, creating an Account, purchasing products from us, or providing us with any information, you represent and warrant to us that you are fully able and competent to enter into these Terms and legally permitted to enter into a binding contract (i.e., you have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or, if you are under the legal age of majority, you have the express permission from your parent or legal guardian to do so, and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are legally permitted to enter into a binding contract (i.e., have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or (ii) by minors with the express permission of a parent or legal guardian to purchase items on the Website.
The Website may have (or we may in the future add) certain features and functionalities (“Interactive Areas”) that enable you to “like”, “follow”, comment on, review/rate, or otherwise interact with, FSA Store, certain Website Content, third party providers of products and services advertised or offered for sale on the Website, or other users of the Website (e.g., via message boards, news groups, forums and other interactive community-based systems). You agree to only use such Interactive Areas in a manner that is relevant and appropriate to the applicable forum that you shall not under any circumstances harass or make mischief against any other user or person via any Interactive Areas. You further acknowledge and agree that any actions you take in connection with, or any communications, content, materials or other information that you upload to, such Interactive Areas may be publicly available to all other visitors and other users of the Website, and that in certain instances, you may be publicly identified by your Account username or login identifier.
You shall be solely responsible for all uses of the Interactive Areas on the Website and you agree to conduct yourself professionally, civilly and respectfully at all times and in accordance with these Terms. You further represent and warrant that you have the right and license to upload all communications, content, materials and other information that you may provide to the Interactive Areas (“Interactive Area User Content”) and that such Interactive Area User Content does not, and will not, infringe upon the rights of any third party, including, without limitation, intellectual property rights or the rights of publicity and privacy. You retain all right, title and interest in and to any Interactive Area User Content that you upload to the Website; provided, that you hereby grant to FSA Store a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such Interactive Area User Content, in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website.
You acknowledge and agree that Company may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that Interactive Area User Content will be retained by or made available through the Website and the maximum disk space that will be allotted on Website’s servers on your behalf. You agree that FSA Store has no responsibility or liability for the blocking, deletion or failure to store any Interactive Area User Content maintained and transmitted through the Website. You further acknowledge that FSA Store reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
You agree to indemnify and hold harmless FSA Store and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct on, or any Interactive Area User Content that you upload to the Website. You hereby acknowledge and agree that FSA Store does not actively monitor or police the Interactive Areas or specific interactions between users of the Website (and has no obligation to do so) and you hereby disclaim and hold FSA Store harmless from and against any and all liability resulting from your use of any Interactive Areas, including, without limitation, those with other user or persons. FSA Store takes no responsibility and assumes no liability for any Interactive Area User Content posted or uploaded by you or any third party to any Interactive Areas, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Notwithstanding the foregoing, FSA Store reserves the right to determine, at its sole discretion, what constitutes harassment, mischief or inappropriate conduct, or what violates these Terms or applicable law, and may also at its sole discretion, partially or completely deny, suspend or terminate access to the Website to any infringing party, and/or block, remove or edit any Interactive Area User Content made by such infringing party. Additionally, FSA Store may access at any time and use internally for any lawful purpose, information stored on our systems, including information related to your use and interaction with any Interactive Areas. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate.
Product and Service Changes, Misprints, Errors, and Cancellations
Subject to applicable law, and notwithstanding any information, slogans, or materials displayed on the Website, we: (a) reserve the right to change the products and services advertised or offered for sale through the Website, the prices or specifications of such products and services, and any promotional offers and any other Website Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products or services advertised or offered for sale on the Website will be available when ordered or thereafter; (c) reserve the right to limit quantities of products and services sold or made available for sale; (d) do not represent or warrant that Website Content related to any products or services advertised or offered for sale (including without limitation product descriptions or photographs) is accurate, complete, reliable, current, or error-free; (e) do not represent or warrant that any specific products or services advertised or offered for sale through the Website, as of the time of purchase or delivery, will in fact be an eligible product or service for purchase under your FSA flexible spending plan or under any regulations or laws covering flexible spending accounts; and (f) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Website is inaccurate or when we recognize abuse of these Terms and our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. We have made reasonable efforts to ascertain general eligibility of products and display accurately the colors or appearances of the products on the Website. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition for a refund.
We reserve the right to limit quantities of products and services purchased by each user of the Website. In addition, we reserve the right to cancel any order, or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our Website is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any user of the Website is not entered into until we charge a valid credit card or otherwise accept payment.
Third Party Content and Links
The Website may include third-party content or links (such as hyperlinks) to third party websites or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by FSA Store (collectively, “Third Party Content”). They are provided as an information service, for reference and convenience only. FSA Store does not control any such Third Party Content and is not responsible for its (i) availability or accuracy, or (ii) content, advertising, or products or services. Inclusion of any Third Party Content on the Website (including, without limitation, advertisements or product/service promotions containing Third Party Content) does not constitute or indicate FSA Store’s endorsement thereof and FSA Store shall not be liable or responsible for any Third Party Content transmitted through the Website. You shall be subject to any additional terms and conditions of use, privacy policies, guidelines or other rules and practices applicable to any Third Party Content that you access through the Website (“ Third Party Terms”). All such Third Party Terms are hereby incorporated by reference into these Terms. You acknowledge and agree that FSA Store will not and cannot censor or edit any Third Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third Party Content, including compliance with any Third Party Terms associated therewith. Accordingly, FSA Store encourages you to be aware when you leave the Website and to read the Third Party Terms associated with any Third Party Content.
By using the Website, you expressly relieve and hold FSA Store harmless from any and all liability arising from your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Website or the failure of such Third Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Content.
Releases; Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPESSLY SET FORTH HEREIN, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FSA STORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY WEBSITE CONTENT OR OTHER CONTENT, MATERIALS OR INFORMATION UPLOADED BY ANY USER IN CONNECTION WITH ANY INTERACTIVE AREAS PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY CONTENT LINKED TO THE WEBSITE. FSA STORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN. FSA STORE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FSA STORE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER FSA STORE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY WEBSITE CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.
NEITHER FSA STORE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER FSA STORE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT FSA STORE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD FSA STORE, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY FSA STORE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL FSA STORE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FSA STORE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEBSITE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FSA STORE OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL PURCHASE PAID BY YOU TO FSA STORE FOR PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AND FSA STORE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR FSA STORE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR FSA STORE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND FSA STORE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, FSA STORE, AND ALL PARTIES TO ANY SUCH PROCEEDING.
In addition to any other indemnification obligations set forth in these Terms, you hereby agree to indemnify, defend and hold harmless, FSA Store and its directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective directors, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) any Account Data or content, materials and other information uploaded by you to any Interactive Areas of the Website; (iv) your violation of any applicable law, rule or regulation in accessing and using the Website; or (v) your violation of any third party right, including, but not limited to, any intellectual property right or right of privacy/publicity related to your access and use of the Website. FSA Store shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon FSA Store’s request. FSA Store reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of FSA Store.
Fraudulent Emails Appearing to Come from FSA Store
It's important to note that on occasion FSA Store customers and users of the Website may receive so-called 'phishing' emails on a random basis. Attackers issue phishing emails to millions of users, hoping that a handful of recipients respond or open attached malware. Spotting these emails and deleting them before opening any attachments mitigates the risk of harm.
Cyber criminals try to lure people with fake emails or text messages indicating a problem with a credit card or order that must be answered immediately. Other tactics include attempting to obtain login credentials by telling readers their password is about to expire.
- Was my information compromised? Receiving a fraudulent email does not mean your personal information was compromised. Please note that these fraudulent emails are not originating from FSA Store.
- How did they obtain my email address? There are many ways to obtain email addresses; for example, collecting email ID's from hackers who sell them, from social networking sites and email address generation software. These attacks are random in nature and are not targeted specifically at FSA Store customers or users of the Website.
- What is FSA Store doing to stop these phishing emails? FSA Store continually works with our security vendors and fraud prevention team to monitor and identify phishing attacks. In addition, FSA Store utilizes Domain-based Message Authentication, Reporting & Conformance (DMARC) for its email systems to help protect the FSA Store brand and assist our customers in their defense from advanced phishing attacks and fraudulent emails.
- How do I report an incident? Please be on alert for fraudulent electronic communication. If you receive a suspicious email, phone call or text message: 1) Do not click on any links or open any attachments within the message; 2) Forward the original email you received as an attachment or a description of the phone call or text message to email@example.com; 3) Delete the email.
FSA Store will never ask you to provide confidential information such as credit card numbers,Social Security numbers or passwords via email.
User Reviews and Feedback
We are pleased to hear from our users and welcome your comments, reviews and feedback regarding our products and the Website. You may post reviews of products or services, comments, suggestions, feedback, or other material ("Submissions") so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. FSA Store reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant FSA Store and its subsidiaries a non-exclusive, royalty-free, perpetual, and irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant FSA Store and its subsidiaries the right to use the name you submit in connection with such Submission.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify FSA Store against all claims and liabilities resulting from your Submission. FSA Store does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
FSA Store does not investigate any feedback statements posted by Website users for accuracy or reliability but may do so if it receives a request from a Website user. FSA Store is not legally responsible for any Submissions made to the Website, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the Website, FSA Store reserves the right (but is under no obligation) to remove posted Submissions that, in FSA Store’s sole discretion, violates these Terms. You acknowledge and agree that you will promptly notify FSA Store of any error or inaccurate statement in your Submissions, and that if you do not do so, FSA Store may rely on the accuracy of such information.
Copyright Infringement Complaints
The service marks and trademarks of FSA Store, including without limitation FSA Store and FSA Store logos are service marks owned by FSA Store. Any other trademarks, service marks, logos and/or trade names appearing via the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of FSA Store or the applicable owner.
FSA Store respects the intellectual property of others and expects Website users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, the copyright holder may request that FSA Store remove or disable the material by submitting written notification to our Copyright Agent (contact information below), in accordance with the Digital Millennium Copyright Act of 1998 (DMCA). Pursuant to section 512(c)(3) of the DMCA, such written notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In accordance with Section 512(i)(1)(a) of the DMCA, FSA Store will, in appropriate circumstances, disable and/or terminate the Accounts of users who are deemed to repeatedly infringe upon copyrights.
FSA Store's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent - FSA Store Inc.
240 West 37th Street, 6th floor
New York, NY 10018
Phone: (888) FSA-1450 (372-1450)
Please note that this procedure is exclusively for notifying FSA Store that your copyrighted material has been infringed.
For purposes of these Terms, “Confidential Information” means any trade secrets or non-public, proprietary information and data of FSA Store or any other Website user, whether or not marked as proprietary and confidential, including, without limitation, information relating to the business, affairs or operations of FSA Store or any other Website user, financial data, business plans or strategies, methodologies, programs, concepts, strategies, materials, research, product plans, products, developments, marketing, customer data, technology, inventions, processes, intellectual property (including, without limitation, any patents, copyrights, trademarks, trade names, trade secrets, trade dress, moral rights, and any applications related thereto), design techniques, employee information, competitor lists, and any and all other information not generally ascertainable from the public or published information, which is disclosed to, received by, or obtained from any source by you pursuant to or as a result of these Terms, or your access to and use of the Website. You agree that, without the prior written consent of FSA Store or the other applicable Website user, you will not disclose or use for your own purposes any Confidential Information. You further agree that you will take all reasonable precautions to protect Confidential Information directly disclosed to you, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by operation of law, or by a court or governmental agency, or if necessary in any proceeding to establish rights or obligations under these Terms; provided that you will, unless legally prohibited, provide FSA Store or the other applicable Website user with reasonable prior written notice sufficient to permit FSA Store or the other applicable Website user an opportunity to contest or limit the nature of such disclosure. You shall promptly notify FSA Store or the other applicable Website user in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. If you commit, or threaten to commit, a breach of this Confidentiality section, FSA Store or the other applicable Website user will have the right to seek injunctive relief from a court of competent jurisdiction.
Promotion and Coupon Terms
Each offer is subject to the specific terms and conditions stated on the offer as well as these general terms and conditions. Offers expire at 11:59 pm PT on the date stated in the offer. Offers cannot be combined. Only offers provided or promoted by FSA Store Inc. on valid marketing materials will be honored at checkout. Offers are valid for one single purchase per customer during the term. Offers are not valid on items not in stock at time of purchase. Offers are non-transferable and cannot be redeemed for cash or a cash equivalent. Offers are valid for United States residents only. Customer must click to activate or enter offer code at checkout to apply offer to current purchase. Offers cannot be applied to previous or future purchases. Discounts are applied pre-tax and cannot be applied to shipping charges or taxes. Discounts will be allocated proportionally among all items in your order. Offers are subject to change. The following exclusions apply: SoClean 2 CPAP Cleaning and Sanitizing Machine, SoClean 2 Go Travel CPAP Equipment Cleaner, Lumin CPAP Mask and Accessory Cleaner, Medela Sonata™ Smart Breast Pump, Miku Smart Baby Monitor, Willow Wearable Double Electric Breast Pump, Gray, Elvie Single Electric Breast Pump, Elvie Double Electric Breast Pump, Owlet Smart Sock Baby Monitor-3rd Generation, Owlet Monitor Duo: Smart Sock 3 plus HD Video Camera, purchases from FSA Store Optical.
We may from time to time provide certain promotional opportunities, sweepstakes and contests to Website users. All such promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Our liability, and the liability of any of our partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the limitations of liability set forth in these Terms.
The Exhale Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ENTRANTS MUST EIGHTEEN (18) YEARS OR OLDER AND LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.
By participating, each entrant and participant (each, an “Entrant” and, collectively, the “Entrants”) agree to abide by and be bound by these official rules (“Official Rules”) and the decisions of FSA Store Inc. (the “Sponsor”), which are final and binding in all respects and not subject to appeal.
1. SWEEPSTAKES PERIOD: The “The Exhale Sweepstakes” is a random draw sweepstakes (the “Sweepstakes”), which begins at 12:00:00 AM (midnight) Eastern Daylight Time (“EDT”) on May 17, 2021 and ends 11:59 PM EDT on May 23, 2021 (the “Sweepstakes Entry Period”). The sole determinant of time for the purposes of a valid Entry (as defined below) in the Sweepstakes will be the Sponsor’s clock.
2. ELIGIBILITY: The Sweepstakes is open only to persons ages eighteen (18) years of age or older during the Sweepstakes Entry Period and who, as of the time of their Entry, are legal residents of, and physically located within, the fifty (50) United States or the District of Columbia (the “Territory”). Void outside of the Territory and where prohibited, taxed, or restricted by law. Officers, directors, managers, employees, contractors, and agents of the Sponsor and its parent, subsidiary, affiliate, and related companies (collectively, the “Sweepstakes Entities”), as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution, or distribution of this Sweepstakes, are not eligible to participate in the Sweepstakes. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother, or brother in-law of a person. The Sweepstakes may only be entered in or from the Territory and purported Entries (as defined below) originating from any other jurisdiction other than the Territory are not eligible for Entry. All federal, state, and local laws and regulations apply to this Sweepstakes.
3. HOW TO ENTER:
The Entrant must visit the following webpage fsastore.com/talkspace-sweeps.html during the Sweepstakes Entry Period and complete the online Sweepstakes entry form (the “Entry Form”), which requires his or her email address, and then click the completion/submission button to receive one (1) Entry into the Sweepstakes (“Email Address Entry”). All Online Entries must be received during the Sweepstakes Entry Period to be valid and only one (1) Entry will be accepted per Email Entry. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple or different identities and/or any other methods will void that Entrant’s Entry(ies) and may disqualify the Entrant from the Sweepstakes and/or future promotions, sweepstakes, or contests of the Sponsor. Entries submitted by anyone other than the Entrant are void. Any potential Winner (as defined below) may be requested to provide the Sponsor with proof that such person is the Entrant by whom the winning Entry was submitted.
4. LIMITATIONS: Entrants who have not complied with these Official Rules are subject to disqualification and their respective applicable Entries will be void. The Sponsor reserves the right to disqualify any Entry in the Sweepstakes if the Sponsor determines or suspects, in its sole and absolute discretion, that the Entrant who submitted the Entry or Entries in question has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, or other fraudulent, deceptive, or unfair acts, omissions, or playing practices. The Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if, in the Sponsor’s sole and absolute discretion, fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper operation of the Sweepstakes. In the event of cancellation, the Sponsor reserves the right to select Winners from among all eligible Entries received up to the date and time of such cancellation in a manner determined by the Sponsor to be fair, appropriate, and consistent with these Official Rules, in the Sponsor’s sole and absolute discretion.
The Sweepstakes Entities do not warrant or guarantee that access to the Sweepstakes will be uninterrupted. Neither the Sweepstakes Entities nor any of their respective present or future officers, directors, managers, employees, contractors, affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting parties, agents, representatives, successors, or assigns (individually and collectively, “Releasees”), are responsible for: (a) Entries from persons residing or physically located outside the Territory; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not compliant with these Official Rules; (c) lost, interrupted, or unavailable networks, servers, satellites, or websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, or the offering or announcement of the Prize (as defined below) or in any Prize notification; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature or otherwise; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (g) any changes to any website function that may interfere with the Sweepstakes or an Entrant’s ability to timely enter the Sweepstakes; or (h) damage to an Entrant or any other person or entity’s system occasioned by or arising from participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes; even if caused by the negligence of any of the Releases.
5. THE PRIZES: Five (5) Winners will be selected at random and each Winner will receive the following prizes (the “Prizes:)
The above ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between an ARV and the actual value, if any, will not be awarded to the applicable Winner. The Prize will be shipped to the mailing address provided by prize winner upon prize winner’s acceptance of the offer in accordance with these Official Rules.
6. PRIZE RESTRICTIONS: The Prizes are non-transferable and non-assignable. No substitution, transfer, or cash redemption or equivalent of a Prize or any portion thereof is permitted, except at the Sponsor’s sole discretion or as otherwise provided herein. The Sponsor will not replace a Prize if lost or stolen. In the case of unavailability of a Prize, the Sponsor reserves the right to substitute a prize of equal or greater value in its sole and absolute discretion. Each Winner is solely responsible for all applicable federal, state, and local taxes, including taxes imposed on the Winner’s income. No more than the stated number of Prizes set forth in these Official Rules will be awarded. Each potential Winner consents to the use of their name, likeness, and biographical information for promotional purposes in any and all media now known or hereafter discovered throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Residents of the Tennessee will not be required to sign a Publicity Release as a condition of winning a Prize.
7. DRAWING; ODDS: The Sponsor will select the five (5) winning Entrants (each, a “Winner” and together, the “Winners”) in a random drawing from among all eligible Entries received on or about May 23, 2021 and assign a Prize to each Winner. Odds of winning the Prize depend on the total number of eligible Entries received during the Sweepstakes Entry Period. Notwithstanding anything set forth herein to the contrary, each of the winning Entrants shall be considered a “potential Winner” and shall not be entitled to a Prize unless and until verified and confirmed by the Sponsor as meeting the eligibility requirements to be an official Winner of this Sweepstakes set forth in these Official Rules.
8. HOW TO CLAIM A PRIZE: Each of the potential Winners is subject to verification and full compliance with these Official Rules before a Prize will be awarded. On or about two (2) business days following the random drawing, each of the potential Winners will be notified via email to confirm their mailing address and any additional information or responses required by the Sponsor. Once such information is received, each of the potential Winners will be sent an Affidavit of Eligibility and Release (an “Affidavit”) by overnight delivery service or via email to the potential Winners’ addresses provided on their Entries. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner (if time permits) may result from any of the following: (a) a potential Winner’s failure to respond to telephone and/or email notification (as the case may be) within seventy-two (72) hours after transmission; (b) the return of an email notification as undeliverable after three (3) attempts; (c) the return of any other notification as undeliverable; (d) a potential Winner’s failure to provide the Sponsor with satisfactory proof of age, identity, and residency, as and when required; (e) a potential Winner’s failure to provide the Sponsor with satisfactory proof that they are the authorized account holder of the email address associated with the winning Entry, as and when required; (f) a potential Winner’s failure to provide any required additional information upon the Sponsor’s request, as and when required; (g) a potential Winner’s failure to execute and return a properly completed Affidavit within five (5) business days of its mailing/emailing; and/or (h) a potential Winner’s failure to comply in any way with these Official Rules. In the event of Prize forfeiture by a potential Winner, the Sponsor may, in its sole and absolute discretion, award or not award the forfeited Prize to an alternate Winner. The Prizes will be awarded provided a sufficient number of eligible Entries are received, and the Prize is validly claimed by June 30, 2021, after which no alternate Winner will be selected, nor unclaimed Prize awarded.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASEES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARD OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING (IF ANY) TO OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON, OR PROPERTY. THE WINNERS AGREE (AS BETWEEN THE SPONSOR OR SWEEPSTAKES ENTITIES AND SUCH WINNERS) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY SUCH ENTRANT. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. GOVERNING LAW; VENUE: All issues and disputes concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of the Sponsor or any Entrant, Sweepstakes Entity, or Releasee in connection with this Sweepstakes of these Official Rules shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By participating, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or the Prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in New York, New York, and the Entrant waives all jurisdictional, venue, or inconvenient forum objections to such court.
12. GENERAL: All applicable federal, state, and local laws apply to the Sweepstakes. Each Winner, by acceptance of a Prize, grants to the Sponsor, the other Sweepstakes Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display such Winner’s name, address (city and state of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) in any and all media now known or hereafter devised (including, without limitation, online or in print, film, or television), throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Any of the Sweepstakes Entities’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. These Official Rules shall govern and prevail in the event of any conflict with any terms or conditions applicable to the Sweepstakes contained in these Official Rules and those contained in Sweepstakes-related materials. In the event that any provision is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sweepstakes Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
13. WINNERS LIST; OFFICIAL RULES: To receive the name of the Winners, send an email to Kristin Sword at firstname.lastname@example.org with WINNERS “The Exhale Sweepstakes” as the subject line. Requests must be received by May 23, 2021. The identification of the Winners will be sent after all the Winners have been verified. For a copy of these Official Rules, print this webpage.
© 2021 FSA Store Inc. All rights reserved. All proprietary trademarks are owned by FSA Store Inc. or its affiliates. All third-party trademarks are owned by their respective owners.
Governing Law Disputes; Arbitration
To make purchases on the Website, you must have a valid shipping address in the United States or use an APO/FPO U.S. military address.
Collection of Sales Tax
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such states. However, if a state does not require this, it may still require that their residents file a sales or use tax return for items purchased on the Website. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Website, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
These Terms constitute the entire agreement between you and FSA Store with respect to the subject matter hereof.
Except as explicitly stated otherwise, any notices to FSA Store shall be sent by certified mail, return receipt requested, to 240 West 37th Street, 6th floor, New York, NY 10018 or via electronic mail to email@example.com, including any questions you may have about the terms and conditions of use set forth in these Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. These Terms may not be assigned or transferred by you without our prior written approval. The section titles in these Terms are for convenience only and have no legal or contractual effect.
COPYRIGHT NOTICE. Copyright @ 2018 FSA Store Inc. All rights reserved. Any rights not expressly granted herein are reserved.