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Terms & Conditions

OVERVIEW

This website is operated by Envy Medical, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Envy Medical, Inc.. Envy Medical, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting ClarityMD's website and/or purchasing something from ClarityMD, you are engaging in our “Service” and agree to be bound by the terms and conditions (“Terms of Service”, “Terms”) outlined here, including all additional terms, conditions and policies referenced herein and/or available by hyperlink. Our Terms of Service is applicable to all users of the ClarityMD website, including and without limitation users who are customers, browsers, merchants, vendors, and/or contributors of content to the ClarityMD website.

Please make sure to read the following Terms of Service carefully and in its entirety before accessing or using the ClarityMD website. By accessing or using any part of the ClarityMD website, you agree to be bound by the Terms of Service outlined here. If you do not agree to all of the Terms of Service outlined here, then you may not access the ClarityMD website or use any of our website's services. If these Terms of Service are considered an offer by any user of this website, acceptance is expressly limited to these Terms of Service only.

Any new tools or features that are added to the current website or storefront shall also be subject to these Terms of Service. You are free to review the most current version of the Terms of Service on this page at any time. We reserve the right to change, replace, or update any part of these Terms of Service at any time by posting revisions, changes and/or updates to the ClarityMD website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to the ClarityMD Terms of Service, you represent that you are the age of majority (at least) in your province or state of residence, or that you are the age of majority in your province or state of residence and you have provided us with your consent to allow any of your minor dependents to use the ClarityMD website.

You may not use any of our products for any unauthorized or illegal purpose nor may you, in the use of the ClarityMD Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any viruses, worms or any code of a malicious or destructive nature.

A violation or breach of any of the Terms outlined here will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We expressly reserve the right to refuse the ClarityMD product and service to anyone for any reason at any time.

You understand that your content (not including credit card information), may involve (a) transmissions over various networks and be transferred unencrypted; and (b) changes to adapt and conform to the specific technical requirements of connecting devices or networks. Any credit card information submitted is always encrypted during transfer over networks.

You agree not to sell, reproduce, resell, duplicate, copy, or exploit any portion of the Service, access to the Service, use of the Service or any contact on the ClarityMD website through which the service is provided, without express written permission by ClarityMD.

The headings used in our Terms of Service are included for convenience only and will not change, limit or otherwise affect these Terms.

SECTION 3 - TIMELINESS, ACCURACY AND COMPLETENESS OF INFORMATION

We are not responsible if information made available on the ClarityMD website is not accurate, current or complete. The material on the ClarityMD website is provided for general information purposes only and should not be relied upon nor used as the only basis for making decisions without consulting more complete, more accurate or more timely sources of information. Any reliance on the content of the ClarityMD website is at your own risk.

The ClarityMD website may contain certain historical information. Historical information, by its nature, is not current and, as such, is provided strictly as reference material only. We expressly reserve the right to modify the content and/or information contained within the ClarityMD website at any time, but we have no obligation to update any of the content or information on our site. You agree that, as a visitor and user of the ClarityMD website, that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE PRICES AND SERVICE

Prices for ClarityMD's products are subject to change without notice.

We reserve the right to modify or discontinue the Service at any time (or any content or part thereof) without notice and at any time.

We shall not be held liable to you or to any third-party for any price change, modification, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain services or products could be made available exclusively online through the ClarityMD website. These services or products may have limited quantities and will be subject to return or exchange only according to our Return Policy.

We have made every effort to render and display as accurately as possible the colors and images of our products as they appear in our online storefront. We cannot and will not guarantee that your computer monitor will properly and accurately display any color.

While we are not obligated, we do reserve the right to limit the sales of our Services or products to any person, jurisdiction or geographic region. We may exercise this right at our discretion on a case-by-case basis and to limit the quantities of any products or services that we offer. All product pricing or descriptions of products are subject to change at anytime without notice and at our sole discretion. We expressly reserve the right to discontinue any product or service at any time for any reason. Any offer for any service or product made on the ClarityMD website is void where prohibited.

We do not warrant that the quality of any services, products, information, or other material obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF ACCOUNT AND BILLING INFORMATION

We reserve the right to refuse any or all orders that you might place with us on our website. In our sole discretion, we may cancel or limit quantities purchased per person, per order or per household. These restrictions could include orders placed by different individuals under the same customer account or the same credit card, and/or orders that use the same shipping and/or billing address. In the event that we make a change to an order or need to cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address or telephone number that was provided at the time the order was made. We reserve the right to prohibit or limit orders that, in our sole discretion, appear to be placed by resellers, dealers, or distributors.

You agree to provide current, accurate and complete account information for all purchases made at our online store. You agree to promptly update your account information, including your email address, address information, credit card numbers and expiration dates, so that we can properly complete your purchase transactions and contact you as needed.

For more detail, please review our Returns Policy.

Auto-Shipment Terms:

If you are placing an order online or by telephone as part of our automatic shipment (auto-ship) program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, change terms and/or conditions of auto-ship program including but not limited to auto-ship kit(s) pricing or individual products that are/were part of an auto-ship kit, their pricing, or terminate your membership in the program at any time without notice to you.

IF YOU ARE A MEMBER OF OUR AUTOMATIC SHIPMENT PROGRAM AND HAVE PROVIDED US WITH EITHER A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE PROCESSED AUTOMATICALLY AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT REQUIRED. PAYMENT PROCESSING AND SHIPMENT TIMES ARE NOT GUARANTEED AND MAY VARY. DATE AND TIME OF SHIPMENTS ARE ESTIMATES AND COULD BE SUBJECT TO PROCESSING AND HANDLING DELAYS. PAYMENTS WILL BE PROCESSED AND BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT AND INITIAL PURCHASE. IF YOU WANT TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC SHIPMENT AND RENEWAL PROGRAM, YOU MAY DO SO SIMPLY BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBER LISTED ON THE CLARITYMD WEBSITE UNDER CUSTOMER SERVICE AND REQUESTING REMOVAL FROM THE PROGRAM.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone number listed on the website. If you are participating in our automatic shipment program with a credit card and your credit card fails to process for a subsequent shipment, Envy Medical, Inc. may invoice you for payment with another payment method. You may receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Envy Medical, Inc. will send you communications to collect past due balances. If you fail to timely update your credit card information, your membership in our automatic shipment program may be terminated and your account may be sent for collection.

SECTION 7 - Return/Refund Policy

Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance. Envy Medical, Inc. will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on the ClarityMD website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant nor have any liability or responsibility for any third-party websites, materials, products, or services.

We are not liable for any damages or harm related to the purchase or use of services, goods, resources, content, or any other transactions made in connection with any third-party website. Carefully review any third-party's website policies and practices and make sure to fully understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding third-party products should all be directed to each respective third-party.

SECTION 9 - FEEDBACK, USER COMMENTS, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (contest entries, for example) or alternatively, without a request from us, you send suggestions, creative ideas, proposals, plans, or any other materials, whether online, by email, postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

While under no obligation to, we may at any time monitor, remove or edit content that we have determined in our sole discretion to be offensive, unlawful, libelous, threatening, pornographic, defamatory, obscene, objectionable or otherwise violates either another party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including privacy, trademark, copyright, privacy, personality or any other proprietary or personal rights. You also agree that any of your comments will not contain libelous or otherwise unlawful, obscene or abusive material, or contain any malware or computer virus that could affect in any way the operation of ClarityMD's Service or any related website. You are prohibited from using any type of false e-mail address, mislead us or third-parties as to the origin of any comments or otherwise pretend to be someone other than yourself. You are solely responsible for the accuracy of any comments you make. We assume no liability and take no responsibility for any comments posted by you or by any third-party.

SECTION 10 - PERSONAL INFORMATION

Any submission of personal information by you through our online store is governed by our Privacy Policy.

SECTION 11 - ERRORS, OMISSIONS AND INACCURACIES

Occasionally there might be information on our website or described in our Service that contains inaccuracies, omissions or typographical errors that may relate to product descriptions, promotions, pricing, offers, transit times, shipping charges and availability. We reserve the right to correct any inaccuracies, omissions or typographical errors, and to update, change information or cancel orders if any information in the Service on the website or on any related website that might be inaccurate at any time and without prior notice (including after you have successfully submitted your order).

We undertake no obligation to amend, clarify or update information in the Service, on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service on the website or on any related website, should be taken to indicate that all information in the Service on the website or on any related website has been updated or modified.

SECTION 12 - PROHIBITED USES

In addition to all other prohibitions that have been set forth in the Terms of Service, you are strictly prohibited from using the website or any of its content: (a) for any unlawful purpose; (b) to solicit others to participate or perform in any unlawful acts; (c) to violate any federal, international, provincial or state laws, rules, regulations, or local ordinances; (d) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (e) to slander, defame, harass, insult, abuse, harm, disparage, intimidate, or discriminate based on religion, sexual orientation, gender, ethnicity, age, race, national origin, or disability; (f) to submit misleading or false information; (g) to transmit or upload viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the website or of any related website, other websites, or the Internet; (h) to track or collect the personal information of others; (i) to scrape, spam, crawl, phish, spider, pharm, or pretext; (j) for any immoral or obscene purpose; or (k) to circumvent or interfere with the security features of the Service, the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website at any time for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent, or guarantee that your use of our service will be timely, uninterrupted, secure or error-free.

Disclaimer Regarding Information Provided on the Website

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, RECOMMENDATIONS AND ADVICE) ON THE WEBSITE IS NOT INTENDED AS HEALTHCARE OR MEDICAL ADVICE, OR TO BE USED FOR MEDICAL TREATMENT OR DIAGNOSIS, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER WHO IS FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER OR YOUR PERSONAL PHYSICIAN REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL CAVEATS AND DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

ENVY MEDICAL, INC. AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING INDIRECTLY OR DIRECTLY TO ANY INACTION OR ACTION YOU TAKE BASED ON THE SERVICES, INFORMATION, OR OTHER MATERIAL ON THE WEBSITE. WHILE ENVY MEDICAL, INC. STRIVES TO KEEP THE INFORMATION ON THE WEBSITE UP-TO-DATE, ACCURATE, AND COMPLETE, ENVY MEDICAL, INC. WILL NOT GUARANTEE, AND WILL NOT BE HELD RESPONSIBLE FOR, ANY LOSS OR DAMAGE RELATED TO THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE.

In no case shall Envy Medical, Inc., our officers, employees, directors, affiliates, contractors, agents, suppliers, interns, service providers or licensors be liable for any loss, injury, claim, or any direct, incidental, indirect, punitive, special, or consequential damages of any kind, including, without limitation lost revenue, lost profits, lost savings, replacement costs, loss of data, or any similar damages, whether based in contract, strict liability, tort (including negligence), or otherwise, arising from your use of the website, of any of the service or any products procured while using the service, or for any other claim that is related in any way to your use of the service or any product, including, but not limited to, any omissions or errors in any content, or any damage or loss of any kind incurred as a result of the use of the service or any product (or content) transmitted, posted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions or states do not allow the exclusion or the limitation of liability for incidental or consequential damages, in such jurisdictions or states, our liability shall be strictly limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Envy Medical, Inc. and our parent, affiliates, subsidiaries, officers, partners, agents, directors, licensors, contractors, subcontractors, service providers, suppliers, employees, and interns, harmless from any demand or claim, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of the rights of any third-party or of any law.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be void, unlawful, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, while such a determination shall not affect the enforceability and validity of any other remaining provisions.

SECTION 16 - TERMINATION

The liabilities and obligations of the parties incurred prior to the termination date shall survive the termination of this agreement for any and all purposes.

These Terms of Service are effective until and unless terminated by either us or you. You are free to terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease to use our website.

If you fail, or we suspect that you have failed, in our sole judgment, to comply with any provision or term of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to enforce or exercise any provision or right of these Terms of Service shall not constitute a waiver of such provision or right.

These Terms of Service and any operating rules or policies posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between us and you, governing your use of the Service, superseding any contemporaneous or prior agreements, proposals and communications, whether written or oral, between us and you, (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be construed in accordance with and governed by the laws of the State of California, USA.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time right here on this webpage.

We reserve the right, at our sole discretion, to replace, update, or change any part of these Terms of Service by posting changes and updates to our website. It is your sole responsibility to check our website periodically for updates and changes. Your continued access to or use of our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at CustomerService@MyClarityMD.com

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