Last Updated: Sept 1, 2018
WICKED MINK, LLC (“WICKED MINK, LLC”) is the distributor of various vitamins, dietary supplements, and other products sold on WICKED MINK, LLC’s website, located at www.WEBSITENAME.com and other sites where these Terms & Conditions (“Terms”) are posted (each, the "Site”). WICKED MINK, LLC maintains this Site for your information and personal use, to educate consumers, and communicate about its products.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE.
Your purchase or use any of WICKED MINK, LLC products constitutes your agreement to these Terms. If you do not agree to these Terms, you must return the product for a refund within 30 days of the date of delivery of the product.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
2. CHANGES TO TERMS AND CONDITIONS
Internet technology and the applicable laws, rules, and regulations change frequently. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS IS NOTED UNDER THE "TERMS & CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
3. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and WICKED MINK, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, but an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
Selection of Arbitrator and Costs. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, WICKED MINK, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified WICKED MINK, LLC in writing and provided a copy of the arbitration proceedings. However, if WICKED MINK, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to WICKED MINK, LLC including the filing fee.
Class Action and Trial-by-Jury Waiver. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against WICKED MINK, LLC and may not preside over any representative or class proceeding against WICKED MINK, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST WICKED MINK, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT, AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.
4. GOVERNING LAW
5. LICENSE GRANT
This Site is provided by WICKED MINK, LLC, and these Terms and Conditions provide to you (identified herein as "you" or "user") a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with WICKED MINK, LLC. Nevertheless, your use will be subject to these Terms and Conditions. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without our express written consent. Except as expressly set forth herein, this Agreement grants you no rights in or to our intellectual property or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.
6. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content of this site and information provided to in response to a request made or question presented or survey completed by you (the "Information") is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and healthcare topics and is not specifically applicable to any individual's medical problems, concerns and/or needs. Any action you take by the Information provided is solely at your own risk and expense.
7. THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we know is under the age of 18. By downloading, accessing, or using this Site or to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
You will have the opportunity through our Sites to EMAIL US with any questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. WICKED MINK, LLC and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.
9. RESTRICTIONS ON USE OF MATERIALS
These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that WICKED MINK, LLC transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of WICKED MINK, LLC or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are shown on this Site are proprietary to WICKED MINK, LLC or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to WICKED MINK, LLC or its affiliated companies and/or third-party licensors, whichever is the owner of any specific material.
As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third-party content, such as Third Party Content Providers (see discussion below under the heading "Third Party Content Providers"), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site.
The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any WICKED MINK, LLC server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or WICKED MINK, LLC systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to WICKED MINK, LLC on or through the Site, (viii) use the Site or any interactive feature to harvest or collect email addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact WICKED MINK, LLC.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY WICKED MINK, LLC TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
a. Security Risks
WICKED MINK, LLC cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including email, except under agreement as provided under our Affiliate program. WICKED MINK, LLC reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of WICKED MINK, LLC or the respective owner of the trademark.
b. Restrictions on Use
We also impose certain restrictions on your use of the Website and the Services. You represent and warrant that you will not: (a) provide false, misleading or inaccurate information to WICKED MINK, LLC or any other member; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about our users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (h) use the Website or Services to send unsolicited email, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us our related parties in providing the Website or Services. Any violation of this section may subject you to civil and/or criminal liability.
10. LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which WICKED MINK, LLC has no control or jurisdiction. Therefore, WICKED MINK, LLC does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an "As Is" basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, WICKED MINK, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. WICKED MINK, LLC does not warrant that the Information contained on this Site will be uninterrupted or error-free, or that defects will be corrected. WICKED MINK, LLC makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "WICKED MINK, LLC PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
11. USER SUBMISSIONS
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, WICKED MINK, LLC reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes, and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) WICKED MINK, LLC a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. WICKED MINK, LLC may sublicense its rights through multiple tiers of sublicenses.
12. ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. WICKED MINK, LLC reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.
WICKED MINK, LLC will also comply with all court orders involving requests for such information. In addition to the foregoing, WICKED MINK, LLC reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt the operation of or access to the Site, or any portion of this Site to protect the Site, WICKED MINK, LLC or WICKED MINK, LLC business. In connection with your use of the Services, You may be required to complete a registration form.
13. LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from WICKED MINK, LLC pages that take you outside of our service. For example, if you click on a banner advertisement or a link, the click may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevance, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.
14. THIRD PARTY PROVIDERS
Third Party Provider content is the intellectual property of the provider. Any copying, republications or redistribution of content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of Provider. Third Party Provider shall not be liable for any errors or delays in the content, or for any action taken in reliance thereon. Similarly, we have not reviewed and cannot control all of the material, including computer software or other goods or services made available on or through third-party websites. Accordingly, we do not represent, warrant or endorse any third-party website, or the accuracy, currency content, fitness, lawfulness, or quality of the information material, goods, or services available through third-party websites. We disclaim, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or third parties, resulting from your use of third-party websites.
15. TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click "SUBMIT ORDER," register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. WICKED MINK, LLC reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and WICKED MINK, LLC shall have the right to immediately terminate a user's account in the event of any conduct by a user which WICKED MINK, LLC in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning WICKED MINK, LLC proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.
You agree to indemnify, defend and hold WICKED MINK, LLC and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your unlawful access to or unlawful use of this Site or any website to which this Site is or may be linked from time to time; (c) your unreasonable use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any relevant law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and Services will be in accordance with this Agreement and any other WICKED MINK, LLC policies, and with any applicable laws or regulations.
You acknowledge that any breach, threatened or actual, of Sections 9, 11, 16, and 17 Terms and Conditions will cause irreparable injury to WICKED MINK, LLC such injury would not be quantifiable in monetary damages, and WICKED MINK, LLC would not have an adequate remedy at law. You, therefore, agree that WICKED MINK, LLC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that WICKED MINK, LLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to WICKED MINK, LLC to enforce any provision of these Terms and Conditions.
19. JURISDICTIONAL ISSUES
Unless otherwise specified, the Information is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America, including Alaska and Hawaii, and Puerto Rico. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. CONTACT INFORMATION
You can EMAIL US or call 1-800-xxx-xxxx. Please include any information that will help us identify your account so we can assist you with you.
21. WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by WICKED MINK, LLC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
22. SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If WICKED MINK, LLC or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
24. DELIVERY POLICY
All orders are shipped within 48 hours. Please allow 3-5 days for delivery within the continental USA, or up to 1-2 weeks for Alaska, Hawaii, or Puerto Rico.
25. PAYMENTS AND REFUNDS
(b) Refund Policy
As a sign of confidence in our Services, we provide you an unconditional 30-Day Money Back Guarantee. All refund requests must be made to our customer service department at 1-800-888-8888 or no more than 30 days after the initial purchase date. Approved refunds will be processed within 3 business days after the request is made. You are aware and agree that you are limited to one product refund or exchange only. AFTER THE 30-DAY REFUND PERIOD, ALL FEES AND CHARGES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Effective Date: September 1, 2018
If we ask you to provide identifying information when using this website, then you can be assured that it will be used in accordance with this privacy statement.
CONSENT TO RECEIVE EMAIL
By registering with the Website, you hereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.
1. Acceptance of Terms
2. What We Collect
Our partners and we may collect the following information directly from you:
Our website will also automatically collect the following technical information about you when you visit or use the site:
All of the above constitutes your “Personal Data.”
3. What We Do with the Information We Gather
We require this information for a variety of reasons, including:
We may use your information in certain ways, as well:
A. Contacting You
We may contact you by email, phone, fax or mail:
B. Information Sharing
We may disclose your Personal Data to companies that perform technology or marketing services for us, including with partner providers who assess the likelihood of fraud in any given transaction, record your transactions in our online system and backups, and provide other related services.
We may also disclose your Personal Data to third party marketing companies who may send you offers for goods and services you may find of interest.
We may transfer, sell or assign aggregate, non-personally identifiable information about Site usage to third parties. We may transfer, sell or assign Personal Data to third parties as a result of a sale of all or substantially all of our assets relating to this portion of our business or in connection with a merger, consolidation, change in control, reorganization or liquidation.
We also reserve the right to disclose any information concerning you if required by law or to protect or defend our rights or the rights or well-being of our users or if you are involved (or are reasonably suspected to be involved) in any illegal activity, even without a subpoena, warrant or court order.
We have implemented security policies, rules and technical measures to protect the Personal Data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.
We protect Personal Data by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to Personal Data only for those employees who require it to fulfill their job responsibilities by applying the principle of least privilege.
Nonetheless, visitors and subscribers should consider all Personal Data, communications, and information provided to LRS to be non-confidential, and consequently, we assume no responsibility or liability if any information relating to any visitor or subscriber is intercepted and/or used by an unintended recipient.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree to accept cookies from our site, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site.
Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used; these may include cookies from third-parties. This helps us analyze data about webpage traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes, and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
6. Links to Other Websites
Our website may contain links to other websites of interest. But once you have used these links to leave our site, you should note that we do not have any control over that other website. So we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
7. Controlling Your Personal Data
You may inquire about your Personal Data being held by COMPANYNAME by clicking Email Us. Upon meeting certain security measures, we will provide you with a copy of the Personal Data that we keep about you. Before completing your request, we may require that you provide us with certain items as proof of your identity. COMPANYNAME reserves the right to refuse a request where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.
B. Your Rights
C. Restriction of Marketing Usage
We will not sell, distribute or lease your Personal Data to third parties unless we have your permission or are required by law to do so. We may use your Personal Data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may restrict our usage of your Personal Data in this fashion at any time by contacting us at Email Us or by writing to us at the address below:
WICKED MINK, LLC
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will use best efforts to correct any information found to be incorrect promptly.
8. Contact Information
You can contact us by clicking "Contact Us" on any WICKED MINK, LLC page, via phone by calling 1-833-333-8888 or by clicking here to Email Us. Please include information in the email that will help us identify your account so we can assist you with your inquiry or request.