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TERMS OF USE AGREEMENT
These terms of service (tos) govern the use of the website provided by our company. By accessing this website, you agree to these terms. These terms and conditions are subject to modification at any given time at the company's discretion. Continued utilization of this site after we implement these changes suggests your acknowledgment and acceptance of the terms.
Please read and understand the "arbitration and waiver of class actions" paragraph in these terms of service, which calls for you to resolve disputes with us on an individual basis by means of final and binding arbitration. By accessing or using our website, you expressly accept that you have reviewed, comprehended, and contemplated the consequences of the arbitration and waiver of class action The clause mentioned in the "arbitration" section below.
SHIPPING INFORMATION
At Fumarys, we aim hard to conclude your transaction as fast as possible. In exceptional circumstances, processing time can exceed up to 72 hours. Please allow up to 72 hours for obtaining your package's tracking information.
A variety of shipping methods are offered:
• Free shipping (5-8 business days).
• First Class Mail (3-5 business days).
• Priority (1–3 business days).
• FedEx (2 business days).
• International shipping times are determined on distance, foreign customs specifications, and local laws.
IMPORTANT: Please be advised that all suggested timelines for delivery are estimations and not guaranteed. Shipping costs are NON-REFUNDABLE.
Also, business days are excluded from weekends or holidays, and no shipping alternatives offer weekend or holiday delivery. We currently do not ship to US territories or APO/FPO destinations.
Orders received on Friday after 11:00 a.m. (PST) are scheduled to be sent within 72 hours. The cutoff time for Express delivery orders to be delivered the same day is 10:30 a.m. (PST).
FREEÂ SHIPPINGÂ (50 US STATES ONLY):
Orders delivered inside of the boundaries of the US should arrive around 5 and 8 business days, depending on the delivery location. Orders provided to Alaska and Hawaii may take an additional 2 to 3 days for their arrival.
FIRST CLASS PACKAGE:
First Class Mail will be processed within 24-72 hours, excluding weekends and holidays, and should reach in the continental United States between 3-5 business days after being delivered from our location, depending on delivery location. those mailed to California, for example, may arrive in 3 to 5 business days, while those shipped to select east coast areas may arrive in 5 or 6 business days. All first-class mail delivery rates are computed in real time by the United States Postal Service (USPS.com) and displayed to you throughout the checkout process. We do not include surcharges in the actual USPS delivery fee. To be delivered effectively, all orders must have a real street address that the USPS can verify.
Please keep in mind that items shipped via USPS qualify for free delivery. If you pick this option, we cannot guarantee delivery or assume responsibility for lost, stolen, or delayed items. If this occurs, we recommend contacting your local post office. If you are concerned about this occurring to you, we recommend sending using FedEx. This option allows for guaranteed delivery. If you are an overseas client, please review our terms and conditions before contacting customer support.
PRIORITY MAIL:
Priority Mail will be handled between 24-72 hours, excluding weekends and holidays, and should arrive within 1-3 business days after shipment from our location. Orders sent inside the continental United States should arrive in 2 to 3 business days (or sooner in California). To be effectively delivered, all orders must include a legitimate street address that can be verified by USPS.
SHIPPING RATES:
USPS.com generates all domestic shipping prices automatically, and they may vary by region. International orders will be dispatched by FedEx International for a fixed cost determined by the country of origin. You will be able to examine the shipping prices before your transaction is finished and payment is processed.
PRODUCT RETURN/EXCHANGE AND REFUND POLICY
Thank you for your order. Please carefully read the following product return, exchange, and refund policies:
- Return Policy:Â You can return unopened items in their original packaging within 60 days of placing your order for a refund of the purchase price. Only qualifying, unopened, and unused products in their original packaging are eligible for a refund.
- Return Processing:Â To return a product, please contact us by CLICKING HERE and complete a return merchandise authorization (RMA) form. If the item is broken or faulty, we may ask you to send us images of the damaged or defective items before providing an RMA number. Returns on promotional products require the return of all promotional materials (free gifts, etc.). When a promotional item included in the initial transaction is not returned, its value is subtracted from the refund amount. You will be liable for the cost of returning non-defective items to us. Shipping costs are nonrefundable.
- Damaged Items:Â If you get a damaged item, you must notify customer support within 48 hours after delivery to receive a new item. We only replace things that are faulty or damaged, and exchanges are only valid for the same item purchased, unless the item is no longer available. If a faulty item is returned with indications of being dropped or physically damaged, which is confirmed to be the source of the issue, a 25% restocking fee will be charged.
- Exchange Policy:Â You may be able to expedite an exchange by placing a new order and returning the rejected item. To expedite the exchange, please place a new order and forward the new invoice number to the customer care representative assigned to your initial claim. The new order will be at your expense, and once the rejected item(s) is returned to us, we will refund you for it. Please verify with your customer care representative before placing a new order.
HOW TO REQUEST A RETURN/EXCHANGE/REFUND:
- Before proceeding, please contact us via the Contact Us page by CLICKING HERE to ensure that your item is still available for return. Our designated representative will contact you and explain the following steps.
- Repack the item with all of its original parts, packaging materials, manuals, etc. This implies that everything must be returned in the same condition in which it was sent to you. Poor packing or returning product that is damaged after delivery may result in your return being denied and you losing any refund or replacement item. To be eligible for a refund, returned items must be unused and undamaged. Do not return products in a standard envelope; this is insufficient packing and might cause items to be lost or damaged in transit. Padded envelopes or boxes are necessary and are given for free by USPS when shipping Flat Rate Priority Mail.
- Attach a copy of the original Packing List in the parcel and specify whether you would prefer to be compensated for the item or have a replacement sent out.
- You will receive a pre-paid return label if your return is faulty. For non-defective returns, ship the product back to the address provided by our representative via email.
- A refund will be granted after the returned item has been received in good condition.
- Refunds will be responded to within 3 to 5 business days of receiving the goods and sent immediately to the payment method used to make the transaction in question.
Refunds often take up to five business days to process after they are initiated, so please be aware of that. Only the original method of payment for the relevant order may be used for refunds.
ACCESS TO THIS SITE
TO ACCESS THIS WEBSITE, YOU MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER. YOU ARE NOT PERMITTED TO USE THIS WEBSITE FOR ANY REASON IF YOU ARE YOUNGER THAN TWENTY-ONE (21).
Certain enrollment points of interest or other information may be asked for in order to use this site or some of the resources it offers. You agree that all of the information you submit on this website will be accurate, up-to-date, and complete. If our company believes that the information you provide is not accurate, up-to-date, or complete, we have the right to deny you access to this website or any of its resources and to terminate or suspend your account at any time without prior notice.
CONFINEMENTS ON USE
You are permitted to use this website for reasons that it specifically endorses. You must obtain our company's prior express approval before using this site for any other purpose, including business. You cannot, for example, (and may not let another party to) (i) co-mark this website, (ii) outline this website, or (iii) hyperlink to this website without the prior, explicit approval of an endorsed illustration of our company. According to these Terms of Use, "co-marking" refers to the practice of displaying a trademark, assignment, logo, or other distinguishing evidence of any group in a way that is reasonably required to give a user the impression that the other group has the right to display, distribute, or communicate this website or the content contained within it. You agree to work with our organization to quickly resolve any unauthorized co-marking, encircling, or hyperlinking.
PROPRIETARY INFORMATION
The material and substance (hereinafter designated as the "Substance") that is obtainable from this site and any other World Wide Web website possessed, worked, authorized, or controlled by our Company is the limited information of our Company or the gathering that stipulated the Content to our Company, and our Company or the gathering that specified the Content to our Company maintains OK, assignment, and enthusiasm for the Content. In a similar vein the Content may not be duplicated, appropriated, republished, transferred, posted, or transmitted in any capacity without the prior consent of our Company, or unless authorized additionally on our site; yet, you may print a copy of the Content exclusively for your personal usage. You may not remove, edit, or cause to be changed or modified any copyright, trademark, exchange assignment, convenience stamp, or any other restriction notice or indication that appears on any of the Content. Alteration or use of the Content other as expressly stated in these Terms of Use violates our Company's sharp property rights. This website does not provide you with assignment or shrewd property rights.
HYPERLINKS
Our website may include links to other websites that are not operated by or associated to our company. Hyperlinks to such places are offered for the convenience of customers and are not sponsored or linked with our website or our company. Our company has not researched any or all of these places and is not responsible for their content. The client views hyperlinks at their own risk, and our Company makes no representations or warranties concerning the content, completeness, or accuracy of these hyperlinks or the locations linked to this site. Furthermore, the presence of any hyperlink to an outside site does not mean that our company supports that site.
SUBMISSIONS
Thus, you grant our company the right to use, copy, alter, adapt, distribute, decipher, induce subsidiary works from, convey, perform, and display any and all information, comments, proposals, originations, illustrations, or other data that is communicated to our company through this site (collectively, the "Submission"). You also grant our company the freedom to combine any Submission into other works in any form, media, or innovation that is currently or will be created in the future. Our company is not compelled to keep any Submission confidential. Our company may use any Submission in its business (including without limitation, for items or promotion) without causing any obligation for sovereignties or any other thought of any kind, and will not incur any risk as a result of any similar properties that may appear in future Company operations.
Our company will treat any personal information that you provide through this site in accordance with its Privacy Policy, which is available on this site.
DISCLAIMER
You understand that our company cannot and cannot guarantee that documents available for download from the Internet will be free of viruses, worms, Trojans, or other programs that may have contaminated or harmful effects. You are responsible for implementing suitable techniques and checkpoints to meet your individual requirements for information accuracy and yield, as well as for maintaining mechanisms outside of this site for the recovery of any lost information. Our Company accepts no responsibility or risk for your use of the Internet.
The Content is not complete and comprehensive, and it should not be used to replace any written reports, announcements, or notifications issued by Company. Speculators, borrowers, and others should utilize the Content in the same manner that they would any other instructional medium and should not rely on it to reject their professional judgment. The information obtained from this website is incomplete and does not address all topics, points, or facts that may be relevant to your goals.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. The Content is provided "as is," with no assurances conveyed or implied. Our Company disclaims all promises, including any implied guarantees of merchantability, fitness for a specific purpose, TITLE, OR NON-INFRINGEMENT. Our company does not guarantee that the capabilities OR CONTENT featured in this site will be continuous or error-free, or that this site or the server that makes it accessible are free of viruses or other harmful components. Our company does not warrant or make any representations regarding the use of the drug or the outcome of its use in terms of precision, consistency, or anything else. The information may contain specialized errors or typographical errors, and the company may make changes or adjustments at any time. You, not our Company, expect the whole expense of any adjustment, repair, or remedy IN THE EVENT THAT ANY LOSS OR DAMAGE RESULTS FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
The majority of the material on this site is only current as of the day it was posted. The corporation makes no promise to update or remove such info from this site if it is inaccurate or incomplete.
LIMITATION ON LIABILITY
The Organization, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS’ MAY NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES. THESE TERMS INCLUDE LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS' COLLECTIVE LIABILITY TO ANY PARTY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY ARISES.
INDEMNITY
You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the "Indemnified Parties") harmless for any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You acknowledge that the Indemnified Parties are not liable for any such breach or unauthorized use, and you agree to pay the Indemnified Parties for any and all related loss, damages, judgments, awards, costs, expenses, and attorney's fees. You must also indemnify while maintaining the Indemnified Parties harmless from and against all third-party claims arising from your use of the information accessible through this site.
TRADEMARKS
The trademarks, benefit markings, and logos shown on this website are the property of Company or the organization that granted Company the trademarks, benefit marks, and logos.
INFORMATION YOU PROVIDE
You are not allowed to post, send, submit, publish, or transmit any content associated with this site:
You do not have the right to publish anything you upload, including proprietary material from any third party;
encourages unlawful behavior or discusses the motivation of performing an illegal act;
crude, profane, sexually explicit, or objectionable;
does not relate significantly to this particular website;
threatens or abuses others, libels, defames, infringes confidentiality, branches, is obscene, pornographic, racial, abusive, harassing, threatening, or objectionable;
tries to exploit or endanger minors by exposing them to unsuitable content, requesting personally identifying information, or otherwise;
violates any proprietary information or other legal entitlement of any business or person, including the violation of anyone's copyrights, trademarks, or publicity rights;
infringes or may be interpreted in breach of any law;
Pretends to be or exaggerates your connection to any other organization or person, or otherwise manipulates headers or identifiers to disguise the origin of the content; promotes any sort of business endeavor (e.g., offering for sale products or services) or otherwise engages 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;
solicits financing, patrons, or ad campaigns;
encompasses algorithms which include viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interfere, impairment, or limit the performance of any computer software, hardware, or telecommunications;
interrupts the usual sequence of language, forces a screen to move quicker than other users can write, or generally acts in a way that influences the ability of other users to engage in real-time activities within this site;
holds mp3 format files;
corresponds to a 'pyramid' or similar fraudulent activity;
breaches the rules and regulations established from time to time regarding use of this site or any networks linked to this site; or
supplies interactions to other sites that contain content that falls within the classifications defined above.
Whilst we are under no duty to do so, we retain the right to monitor usage of this site to verify compliance with these Terms of usage, as well as the right to delete or deny any information for any reason. Despite these rights, you are entirely responsible for the content of your submissions. You understand and agree that neither Company nor any third party that supplies Content to Company will be liable for any action or inaction taken by Company or such third party in relation to such contribution.
SECURITY
Passwords for this website are strictly for private use. You will be responsible for the security of your password (if applicable). The company will have the right to monitor your password and, at its discretion, force you to change it. If you use a password that the Company considers insecure, the Company reserves the right to change the password and/or terminate your account.
You are not permitted to use any services or facilities supplied by this site to jeopardize security or tamper with system resources or accounts. It is highly banned to use or distribute tools meant to compromise security (such as password guessing programs, cracking tools, or network probing tools). If you are involved in a violation of system security, the Company maintains the right to provide your information to system administrators at other locations to help them in resolving security issues. The Company maintains the right to investigate alleged breaches of these Terms of Service.
Company preserves the right to unconditionally collaborate with any governmental authorities or court order requesting or ordering Company to reveal the identity of anyone sending any e-mail messages, or publishing or otherwise making public any materials that are considered to violate these Terms of Service.
BY AGREEING WITH THIS AGREEMENT, YOU WAIVE AND HOLD COMPANY NOT HARMFUL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS, AS WELL AS ANY ACTIONS TAKEN AS A RESULT OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS
The following Conditions of Service shall be governed and construed in accordance with the laws of California, United States of America, despite any rules of conflicts of law. You expressly submit to personal jurisdiction in California in connection with any dispute between you and Company arising out of or relating to these Terms of Use or its subject matter. The parties to these Terms of Use agree that the state and federal courts in California shall be the exclusive venue for any dispute between the parties arising out of these Terms of Use or relating to the subject matter thereof. If any portion of these Terms of Use is found to be illegal, invalid, or unenforceable, that part will be declared severable and will have no effect on the legality or enforceability of the other terms. These Terms of Use reflect the complete agreement between the parties regarding this subject matter. Regardless of the above, any additional terms and conditions on this site shall govern the products to which they apply. The Company may amend these Terms of Service at any time by updating this posting.
ARBITRATION
YOU AND FUMARYS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. JAMS SHALL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AS WELL AS THE EXPEDITED PROCEDURES INCLUDED IN THOSE RULES. A judgment on the Award may be entered in any court with jurisdiction. This article does not prohibit parties from obtaining temporary remedies in aid of arbitration from a court with proper authority.
We do agree, however, that if your claim is minor enough that the law enables you to bring it in a small claims court rather than binding arbitration. In all cases, we shall submit to binding arbitration.
YOU AND FUMARYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS YOU AND FUMARYS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOURS, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If a judge declines to enforce the waiver of class-wide arbitration, the whole arbitration clause will be unenforceable, and any claims brought on behalf of a putative class would be heard in court.
WE EACH WAIVE OUR RIGHT TO A JURY TRIAL IF A CLAIM IS FILED IN COURT RATHER THAN ARBITRATION.
The parties are responsible for keeping the arbitration proceeding and any award, including the arbitration hearing, confidential, unless it is necessary to prepare for or conduct the arbitration hearing on the merits, or in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or as otherwise required by law or judicial decision.
The arbitrator will conduct hearings, if any, by telephone or videoconference rather than physical appearances, unless you or we request an in-person hearing. Any in-person appearances shall be place at a location that is fairly convenient for both parties, taking into account their capacity to travel and other relevant circumstances. If the parties are unable to agree on a site, JAMS or the arbitrator should make that choice. The arbitrator's decision shall be final and binding, in accordance with these Terms of Service.
There will be no interrogatories or admission requests in any arbitration arising from or connected to this agreement.
THE ARBITRATOR(S) ARE NOT AUTHORIZED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES IN ANY ARBITRATION ARISING FROM OR RELATED TO THIS AGREEMENT, UNLESS OTHERWISE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER SUCH DAMAGES. THE ARBITRATOR(S) MAY AWARD NO INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
As stated in this Terms of Service, California law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that notwithstanding, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.