Terms & Conditions
Effective date: December 6, 2019
This website is operated by Mainspring Partners LLC (“Mainspring”). Throughout the site, the terms “we”, “us” and “our” refer to Mainspring. Mainspring 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.
THE SECTIONS BELOW TITLED “ARBITRATION AGREEMENT” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
SECTION 1 - NO MEDICAL ADVICE
You acknowledge and agree that Mainspring Partners LLC does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Mainspring Partners LLC does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of residence and you have given
us your consent to allow any of your minor dependents to use this Site. We ask that parents supervise their children
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the site, nor may you attempt to gain access to information or control of the site not specifically granted to you.
You must not knowingly provide or post any false, misleading, or fraudulent information.
Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not
including credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material
on this site is provided for general information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Please note that if you are accessing the site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may
have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the
e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control and/or
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representation or warranty about the content or accuracy of the material on any such site. We disclaim all liability and responsibility for any third-party materials or websites, and for any other materials, products, and services of third parties. We also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party website’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Viewing and any action taken on such third-party websites is entirely at your own risk.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You acknowledge that you are responsible for any material you may submit via the site or otherwise to Mainspring,
including the legality, reliability, appropriateness, originality and copyright of any such material. You may not
upload to, distribute or otherwise publish through the site or otherwise communicate to Mainspring any content that:
(i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii)
may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability
or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or
any form of “spam.” You may not upload commercial content onto the site.
If you submit material via any means to Mainspring, unless we indicate otherwise, you grant Mainspring and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Mainspring is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how that you or individuals acting on your behalf provide to Mainspring (“Comments”). You grant Mainspring and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Mainspring for all claims resulting from the content you supply.
If you provide to us any Comments, whether related to the site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place Mainspring under any fiduciary or other obligation to you.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.
We may, but have no obligation, to monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION
In the event the site is ever structured such that you are able to create an account on the site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Mainspring and its affiliated entities.
SECTION 12 – MINORS
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of
goods or services on our Website must be made by adults 18 years of age or older, and all users who register with
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Mainspring does not endorse any of the products or services identified on such sites.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or
update information or cancel orders if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service 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 or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit 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 or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - NO WARRANTIES/LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mainspring, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
In addition to the indemnity obligations contained elsewhere in these Terms, you agree to indemnify, defend and hold harmless Mainspring and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the site; any material you transmit using the site; or your violation, breach or alleged violation or breach of these Terms of Service, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
SECTION 17 - COPYRIGHT AND INTELLECTUAL PROPERTY
The content of the Service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs,
videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the
exclusive property of and owned by Mainspring or our affiliated companies, licensors or content providers, and
accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights
which exist under applicable law.
Except as expressly provided in this Section 16, nothing contained on our site shall be interpreted or construed as granting you a license or a right to use any such content of our site.
All of the content made available through the site, including, but not limited to, all text and images (“Content”), and all software used to make the site available are and shall remain the property of Mainspring and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time, we may permit you to download and view one (1) copy of selected Content on the site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Mainspring to access and use the site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Mainspring, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the site, or any Content made available through the site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Mainspring or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Mainspring, whether registered or unregistered, may not be used in connection with any product or service that is not Mainspring’s. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mainspring’s trade names, trademarks or service marks without our express prior written consent. Mainspring will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination
of these Terms for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we may terminate these Terms or our Service at any time without notice and you will remain liable
for all amounts due up to and including the date of termination.
You agree that Mainspring, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the site, and remove and discard any content within the site, at any time and for any reason. In such event and with respect to any use of the site on a mobile device, you must immediately remove the site from your mobile device, including all component parts. You agree that any actions taken under this Section 18 may be effective without prior notice to you.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of that right or provision. These Terms of Service and all policies and operating rules posted by us on this
site or with respect to the Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between
you and us (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 21 - COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith
that materials available on the site infringe your copyright, you (or your agent) may send to us a written notice by
mail or email to the respective addresses set forth below requesting that we remove such material or block access to
it. If you believe in good faith that Mainspring has wrongly filed a notice of copyright infringement against you,
the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA.
Notices sent under this Section may be mailed to Mainspring Partners LLC, 123 Bowery, 4th floor, New York, NY 10002.
Notices sent under this Section may be emailed to a href="mailto:firstname.lastname@example.org" target="_blank" rel="noopener noreferrer">email@example.com
SECTION 24 - ARBITRATION AGREEMENT
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Mainspring Partners LLC from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Mainspring Partners LLC proprietary interests.
SECTION 25 - CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SECTION 26 - CONTACT INFORMATION
Mainspring Partners LLC
123 Bowery, 4th floor
New York, NY 10002
Copyright 2019 Mainspring Partners LLC. All rights reserved.