Terms & Conditions
HyperMax™ Oxygen (“HyperMax” or “Company” or “System”) is the operator of the www.hypermaxoxygen.com site (the “Site”).
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of HyperMax™ Oxygen. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of HyperMax™ Oxygen. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site or HyperMax’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and using the Site to drop ship merchandise to third parties
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of HyperMax™ Oxygen.
2. REGISTRATION, PASSWORDS AND SECURITY
To ensure that your credit card, debit card, PayPal account or Amazon account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely.
3. ADDITIONAL TERMS & CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and Subscription programs.
4. SITE NOT FOR MINORS
5. FRAUD PROTECTION
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
If you wish to purchase any product made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information and a phone number. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to HyperMax™ Oxygen the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. HyperMax™ Oxygen reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product.
You agree that by placing an order on the Site, you are entering into a binding contract with HyperMax™ Oxygen and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. The conclusion of a contract between you and us will take place when we (i) debit your credit card / debit your debit card / charge your PayPal account / charge your Amazon account or (ii) ship the products to you, whichever is the later. In the case of a Subscription, we will continue to charge you and ship products to you in accordance with whichever Subscription you signed up for until the time you cancel your Subscription.
USE OF PROMOTIONAL CODES
HyperMax™ Oxygen may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code and only on this Site. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent transactions or Subscriptions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by HyperMax™ Oxygen at any time in its sole discretion.
GIFT WITH PURCHASE
Occasionally we may offer a free gift with a product. When we do, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is shipped to you, you shall be obliged to return the free gift upon written request.
7. THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
HyperMax™ Oxygen offers various subscription types from time to time: including re-billable monthly or bimonthly or quarterly or annual subscriptions (“Subscriptions”). HyperMax™ Oxygen may name its Subscriptions programs various monikers or titles such as “HyperMax™ Oxygen Club” or the like but are defined as Subscriptions under this Site and represent no other products or services or benefits beyond what is described on the Site under the specific Subscription.
HyperMax™ Oxygen reserves the right to change the prices and available Subscriptions at any time, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term.
AUTOMATIC SUBSCRIPTION RENEWAL TERMS
Your Subscription will be automatically renewed for successive either: monthly, bimonthly, quarterly or annual periods depending on the Subscription, and your payment method will automatically be charged for each successive period at the then-current Subscription rate until you cancel your Subscription renewal. Therefore, you agree that HyperMax™ Oxygen may submit periodic charges (e.g., monthly or bimonthly or quarterly or annually) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before HyperMax™ Oxygen reasonably could act.
AUTOMATIC DELIVERY TERMS
The product you select for Subscription will be automatically sent to you at the frequency selected by us in our offer (e.g. every 2 months) and your payment method will automatically be charged prior to when delivery is to occur in the amount of the then-current retail price for the product on the Site until such time that you cancel your Subscription. Your selected Subscription will ship within 2-5 business days after your chosen payment method is charged. While we will do our best to maintain the projected shipment date, however shipments MAY be delayed due to vendor issues, emergencies, severe weather, natural disasters, labor strikes, acts of government authorities or other factors beyond HyperMax’s control.
CANCELLATION POLICY FOR SUBSCRIPTIONS
To cancel your Subscription, you may: i) log on to your account on the Site and cancel yourself or ii) send us a message at firstname.lastname@example.org and we will do it for you, or (iii) call us toll free at the customer service telephone number on the Site, and we can help you cancel.
8. RETURNS OR EXCHANGESExcluding any content that may be submitted by you from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate a product, event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available at all times.
returnsIf you are not satisfied with your HyperMax Oxygen System you can request a return within 30 days after your delivery, but you are subject to a 20% restocking fee based on the price you paid (less tax and shipping, if any.) You will not be eligible for a return if there is damage caused by improper use or neglect. The HyperMax System must be in the same condition in which you received it, less normal wear and tear for the period of time it has been in your possession. We do not offer a refund for any shipping or delivery charges that you may have paid to receive your HyperMax System, and you are responsible for paying any shipping fees to return the product. Upon return, if the HyperMax system has been damaged or has signs of improper use, we reserve the right to refuse a refund or to charge additional restocking fees. If your HyperMax System is returned either damaged or missing parts, you may be charged an additional restocking fee. All returns must be shipped with the original packaging, and you must provide a tracking number to us, as we did for you on the original shipment. Refunds will be credited back to the original payment method only. To initiate a return, contact us at 1-512-649-8222
exchangesIf the mask you receive is the wrong size (does not fit properly), we will exchange it for you within 30 days of purchase. The mask may not be worn or used in any way, other than to just tried on for size. You will not be eligible for an exchange if there is damage caused by improper use or neglect or if the mask has been used. The mask must be in the same condition in which you received it. We do not offer a refund for any shipping or delivery charges that you may have paid to receive your mask, and you are responsible for paying any shipping fees to exchange the mask. Upon return, if the mask has been damaged or has signs of improper use, we reserve the right to refuse an exchange or to charge additional restocking fees. All exchanges must be shipped with the original packaging, and you must provide a tracking number to us, as we did for you on the original shipment. To initiate an exchange, contact us at 1-512-649-8222
9. WARRANTYHyperMax Oxygen extends the following Limited Warranty, which applies to indoor use of the HyperMax Oxygen System. Any other use of the System voids the Warranty. During the applicable Limited Warranty periods described below, the covered components of the HyperMax system will be free of defects or malfunctions during normal use. Certain exclusions apply. The Limited Warranty applies for the following components of the HyperMax Oxygen System for the time period indicated. The Limited Warranty applies while the System remains in the possession of the original purchaser.
OXYGEN GENERATOR-12 MONTHSHyperMax warrants the Oxygen Generator against defects in workmanship and materials for a period of 12 months from the date of original delivery.
OXYGEN CYLINDER, CYLINDER FRAME, WEIGHTS, MASK, HOSES AND VALVES-6 MONTHSHyperMax warrants the Oxygen Cylinder, Cylinder Frame, Weights, Masks, Hoses and Valves against defects in workmanship and materials for a period of 6 months from the date of original delivery.
EXCLUSIONS AND LIMITATIONSThis Limited Warranty is not transferable. If a defect arises in the HyperMax System within the Limited Warranty period, your sole and exclusive remedy is for HyperMax Oxygen, at HyperMax’s discretion to either replace or repair the defective or malfunctioning System or part with the same or a comparable model. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer.
What is NOT covered:
- Damage or failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair.
- Use of other parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with HyperMax.
- Any use contrary to the instructions.
- Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, theft, vandalism, or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure.
10. PRODUCT INFORMATION; LIMITATION ON QUANTITIES
Excluding any content that may be submitted by you from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate a product, event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available at all times.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be submitted by you), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of HyperMax™ Oxygen or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. HyperMax™ Oxygen and the HyperMax™ Oxygen logo are registered trademarks, and all related names, logos, service marks, designs and slogans are all trademarks of the Company as well. All other trademarks are the property of their respective owners. All of our Site’s content is Copyrighted by HyperMax™ Oxygen. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by HyperMax™ Oxygen.
12. CONTRIBUTED CONTENT GUIDELINES
HyperMax™ Oxygen values your engagement. When contributing content, please consider the following guidelines:
TESTIMONIALS / REVIEWS
We actively encourage and request that you submit Testimonial / Reviews relating to your personal experiences with Company products (a “Testimonial / Review”). You agree that we are under no obligation to use your Testimonial / Review. By submitting a Testimonial / Review you hereby consent, without further consideration, for HyperMax™ Oxygen the use of your likeness, voice, name, city and state and/or any statements made in such Testimonial / Review in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world in perpetuity, by or on our behalf of any image or photograph you submitted in a Testimonial / Review in connection with the creation of marketing/sales print advertising, or Web site content including, without limitation, this Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You specifically agree that any Testimonial / Review may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial / Review. This Testimonial / Review consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between you and us and constitutes the entire understanding with respect to, any Testimonial / Review. We reserve the right to use persons other than the person submitting the Testimonial / Review to vocalize or act out a Testimonial / Review or to create its own Testimonial / Review based on adaptations or compendiums of Testimonial / Reviews.
By submitting or posting any materials or content on the Site, you grant HyperMax™ Oxygen a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials in perpetuity. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant HyperMax™ Oxygen the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. HyperMax™ Oxygen will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in these Terms and Conditions, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory, abusive, vulgar, obscene, pornographic, or indecent language or images or other language or images not suitable for a public forum;
- Post advertisements, “spam” content, unsolicited messages, chain letters or unsolicited commercial e-mail; or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the Site or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Post files which would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- Advocate illegal activity or discuss an intent to commit an illegal act;
- Post files that do not pertain directly to this Site;
- Seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- Solicit funds, advertisers or sponsors;
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- Disobey any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
- Contain hyper-links to other sites that contain content that falls within the descriptions set forth above;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com or call the toll-free telephone number listed on the Site from 8am to 5pm Central Standard Time.
13. GENERAL DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, HYPERMAX™ OXYGEN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HyperMax™ Oxygen makes no warranties of any kind regarding any non-HyperMax™ Oxygen sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and HyperMax™ Oxygen makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-HyperMax™ Oxygen sites. HyperMax™ Oxygen does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
HYPERMAX™ OXYGEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR SITE IS COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS. WE RECOMMEND THAT YOU CONTACT US DIRECTLY IF YOU HAVE A QUESTION ABOUT A PRODUCT.
14. DISCLAIMER — NO PROFESSIONAL ADVICE
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action solely based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice from a dentist or a doctor when appropriate.
Your total price will include the price of the product plus any applicable sales tax. Such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable and in states where HyperMax™ Oxygen conducts its business.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL HYPERMAX™ OXYGEN , ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF HYPERMAX™ OXYGEN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF HYPERMAX™ OXYGEN , IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPERMAX™ OXYGEN , ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE , WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO HYPERMAX™ OXYGEN IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and products available through the Site.
18. INTERNATIONAL USE
We control and operate the Site from the United States. We make no representation that materials on the Site or the products offered on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. SHIPPING LIMITATIONS AND RISK OF LOSS
When an order is placed by you, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained in this Site. All purchases from this Site are made pursuant to a shipment contract. Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. You are responsible for filing any claims with DIRECTLY with the carriers for damaged and/or lost shipments.
18. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
HyperMax™ Oxygen specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. HyperMax™ Oxygen will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Attn: DMCA Notice
Onestop Internet, Inc.
3040 E Ana St.
Compton, CA 90221
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- 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; and
- 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.
Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
23. WAIVER; REMEDIES
The failure of HyperMax™ Oxygen to partially or fully exercise any rights or the waiver of HyperMax™ Oxygen of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by HyperMax™ Oxygen or be deemed a waiver by HyperMax™ Oxygen of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of HyperMax™ Oxygen under these Terms and any other applicable agreement between you and HyperMax™ Oxygen shall be cumulative, and the exercise of any such right or remedy shall not limit HyperMax’s right to exercise any other right or remedy.
24. GOVERNING LAW
The laws of the State of Texas shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a Subscription), or to your relationship to HyperMax™ Oxygen shall be submitted to confidential arbitration in Texas; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND HYPERMAX™ OXYGEN AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HyperMax™ Oxygen agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.