AMERICAN BEHAVIORAL RESEARCH INSTITUTE LLC’S TERMS OF USE
Date of last revision: March 3, 2025
IMPORTANT NOTICE – SECTION 12 (DISPUTES/MANDATORY ARBITRATION/CLASS ACTION WAIVER) OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY REQUIRE YOU AND US TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. FOR COMPLETE TERMS AND CONDITIONS THAT BIND YOU AND USE, PLEASE REFER TO THE "MANDATORY ARBITRATION" SECTION OF THIS DOCUMENT.
The Websites www.relaxium.com and www.tryrelaxium.com (the "Websites") are owned and operated by the American Behavioral Research Institute LLC (“ABRI”). These Website terms of use (the "Terms") govern your ("You", "Your") use of the Websites, including all content, functionality, products and services offered on or through the Websites (collectively, the "Services"). By accessing or using the Websites, you agree to comply with these Terms, as well as any additional terms and conditions that may apply to specific sections of the Websites or to products and services offered through the Websites.
By accessing or using any part of the Websites or the Services, You agree to be bound by these Terms. If You do not agree to these Terms, then You may not access the Websites or use any of the Services offered by ABRI. Any new features or tools that are added to the Websites following the publication of these Terms shall also be subject to the Terms. You may access the Websites and the Services through a computer, mobile phone, tablet, or other technology, which We refer to herein as a "Device".
TABLE OF CONTENTS
- NO MEDICAL ADVICE
- LICENSE TO USE THE WEBSITES
- RULES OF CONDUCT
- OWNERSHIP OF CONTENT
- RETURNS
- THIRD-PARTY CONTENT AND ACTIVITIES
- DISCLAIMER OF WARRANTIES
- TERMINATION
- INDEMNIFICATION
- LIMITATION OF LIABILITY/WAIVER
- ENFORCEMENT OF THE AGREEMENT
- DISPUTES/ MANDATORY ARBITRATION/CLASS ACTION WAIVER
- ELECTRONIC COMMUNICATIONS
- RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY, ENTIRE AGREEMENT
- AGE REQUIREMENTS
- MOBILE TERMS OF SERVICE
- CONTACT US
- 1. NO MEDICAL ADVICE
The Content (as defined below) and information provided on this Websites are for informational purposes only and may not be complete or cover all health issues. The information on the Websites should never be used or relied upon as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. ABRI does not recommend self-management of health problems, nor does it endorse any specific medical treatment, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided by the Websites is solely at Your own risk. While we strive to keep the information on the Websites accurate, complete, and up-to-date, we make no guarantees and assume no responsibility for any errors or omissions in the Content. We will not be liable for any loss or damage caused by your reliance on information obtained through the Websites. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction You take based on the information, services, or other material on the Websites. 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. You may contact us with general questions regarding our products, dietary supplements, or health matters, but please do not send us any specific medical, therapeutic, or treatment questions. For any medical concerns, consult Your healthcare provider.
- 2. LICENSE TO USE THE WEBSITES
ABRI hereby grants You a limited, personal, non-transferable, non-exclusive, non-commercial, revocable, non-assignable license to access, view, and download (if downloading is expressly offered by ABRI) the Websites and Our Services, subject to Your strict compliance with these Terms. This license does not include any rights to the source or object code, other than as made available to access and use via standard web browsers. When accessing or viewing the Websites Content, You must keep intact all copyright and other proprietary notices, make no modifications to the Websites’ Content, and not copy or adapt any object code associated with the Websites or reverse engineer, modify, or attempt to discover any source code associated with the Websites, nor allow or assist any third party in doing so. You also agree not to use any robot, scraper, or other data mining technology or process to frame, mask, extract data or other materials from, copy, or distribute the Websites’ Content (except as may result from standard search engine or Internet browser usage). Except as expressly provided in these Terms, You may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute, or otherwise use the Websites’ Content in any way without the prior written permission of a duly authorized ABRI employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Websites. Unauthorized use of Websites’ Content may be a violation of federal and state laws and could result in civil and criminal liability. Any violation of these Terms is grounds for immediate termination of this limited license and may result in legal action by ABRI.
- 3. RULES OF CONDUCT
You agree to comply with all applicable laws, rules, and regulations in accessing and/or using the Websites and the Services. In addition, Your use of the Websites and the Services is conditioned on Your compliance with the following rules of conduct. A breach or violation of these Terms may result in an immediate termination of all access to the Websites and/or ABRI’s Services to You. You agree not to use the Websites or the Services for any unlawful or fraudulent purpose, including, but not limited to, impersonating any person or entity, including, but not limited to, any ABRI employee, agent, or representative, or expressing or implying that ABRI endorses any statement You make.
- 4. OWNERSHIP OF CONTENT
All of the Content and materials contained on or distributed within Our Websites (including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, audio, images, graphics, contests, messaging features merchandise, logos, designs, copyrights, trademarks (including the ABRI name and the RELAXIUM logo) service marks, trade names and all other content or intellectual property related to the Websites or ABRI (the "Content")) constitute valuable intellectual property owned by ABRI, Our licensors, or the third party credited as the owner of the Content. ABRI and Our licensors retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights ("IP Rights"), in and to the Content and Services and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Content or Services and You are not granted any right or license to use the Content or Services itself, apart from Your ability to access the Content and Services under these Terms.
- 5. RETURNS
ABRI allows returns of ABRI’s products purchased on the Websites in accordance with the ABRI’s Return Policy. If You have a question about a return, please review the return policy or email support@relaxium.com.
- 6. THIRD-PARTY CONTENT AND ACTIVITIES
From time to time, ABRI may provide links to or collaborate with third-party websites, social media platforms, mobile applications, and other products and services ("Third Parties"). While You may be able to connect with these Third Parties through the Websites, this does not imply that ABRI endorses, monitors, or has any control over these Third Parties or their content and activities, which are governed by their own terms of use and privacy policies. It is important for You to carefully review the terms of use and privacy policies of any Third Party's websites. ABRI is not responsible for the content, policies, or activities of Third Parties, and You engage with Third Parties at Your own risk.
- 7. DISCLAIMER OF WARRANTIES
THE WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ABRI PARTIES (DEFINED AS ABRI AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. THE ABRI PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE ABRI PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ABRI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY ABRI PARTY, WHETHER MADE ON THE WEBSITES, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE WEBSITES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE WEBSITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE WEBSITES. THE ABRI PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE WEBSITES BY THIRD AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE WEBSITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT AVAILABLE ON THE WEBSITES. THERE IS A POSSIBILITY THAT THE WEBSITES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE WEBSITES BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE WEBSITES, THE ABRI PARTIES MAKE NO GUARANTEES AS TO THE WEBSITES' COMPLETENESS OR CORRECTNESS.
- 8. TERMINATION
At its sole discretion, ABRI reserves the right to terminate, suspend, or block Your access to and use of the Websites, without notice and liability, for any reason, including, but not limited to, if ABRI believes Your conduct does not comply with these Terms. ABRI also reserves the right to investigate suspected violations of these Terms, including, but not limited to, any violations arising from emails You send to the Websites or ABRI. Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms that, by its nature, should survive termination, shall survive any termination of these Terms.
- 9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless each of the ABRI Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) Your breach or anticipatory breach of these Terms; (b) Your use of the Websites or activities in connection with the Websites; (c) Your violation of any law, rule, regulation, code, statute, ordinance, or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; (d) information or material transmitted through Your computer, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or defames any person; (e) any misrepresentation made by You; or (f) the ABRI Parties' use of Your information as permitted under these Terms, the Privacy Policy, or any other written agreement between You and ABRI. You will cooperate as fully required by the ABRI Parties in the defense of any claim. The ABRI Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of a duly authorized employee of the ABRI Parties. You, for Yourself and on behalf of Your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the ABRI Parties from any and all claims or causes of action You may have for damages relating in any way to Your use of the Websites, and covenant not to sue the ABRI Parties.
- 10. LIMITATION OF LIABILITY/WAIVER
UNDER NO CIRCUMSTANCES WILL THE ABRI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT); (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ABRI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE WEBSITES' TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ABRI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITES). IN NO EVENT WILL THE ABRI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITES IS TO STOP USING THE WEBSITES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE ABRI PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITES.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF ABRI'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITES OR ANY ABRI WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ABRI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE WEBSITES OR ANY ABRI WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ABRI PARTIES.
BY ACCESSING THE WEBSITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
ANY CLAIMS MADE AGAINST ABRI MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.
- 11. ENFORCEMENT OF THE AGREEMENT
ABRI may investigate any reported, alleged or suspected violation of these Terms, and take any action that ABRI, in its sole discretion, deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspension of a user's access to the Websites or complete termination of such access, at any time. Additionally, ABRI reserves the right to bring suit for any violation of these Terms.
- 12. DISPUTES/ MANDATORY ARBITRATION/CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT AS OTHERWISE STATED BELOW, YOU AND WE AGREE THAT ANY CLAIM THAT YOU OR WE MAY HAVE AGAINST THE OTHER MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT OR AS PART OF ANY CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Any dispute You have with ABRI should be submitted to ABRI's Help Desk within thirty days of the event giving rise to the dispute. The Help Desk can be contacted via postal mail at: 2255 Glades Rd, Suite 324A, Boca Raton, FL 33431, Attention: Help Desk, or via email at: support@relaxium.com. Please allow at least thirty (30) days for ABRI to address Your complaint prior to taking further action.
Except for disputes relating to the infringement of Your or ABRI's intellectual property (such as trademarks, trade dress, copyright, and patents) or where You or ABRI are seeking a preliminary injunction ("Excluded Disputes"), You agree that all disputes between You and ABRI (whether or not such dispute involves a third party) with regard to these Terms, Your use of the Websites, Your purchase of any ABRI product, or any ABRI advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and You hereby expressly waive trial by jury. Neither You nor ABRI will participate in a class action or class-wide arbitration for any claims covered by this agreement.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Florida law. The arbitration will be conducted in Palm Beach County, Florida, in the English language by three arbitrators appointed in accordance with the American Arbitration Association's Rules. If the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ABRI or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At Your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of Your residence at the time the dispute is submitted to arbitration. ABRI will pay the costs for arbitration (not including Your attorney's fees) for claims under $5,000 where You are successful. In all other cases, You will bear 50% of the cost of any arbitration and You alone will be responsible for Your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Notwithstanding any provision of applicable law, the arbitrators will not have authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF NEW YORK SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.
You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in New York County, New York, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. ABRI reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of Your transactions with ABRI.
- 13. ELECTRONIC COMMUNICATIONS
By using the Websites, You agree to receive certain electronic communications from ABRI, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that ABRI sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.
- 14. RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY, ENTIRE AGREEMENT
ABRI may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or Our obligations under these Terms. You are expressly prohibited from assigning any of Your rights or obligations under these Terms without ABRI’s express written consent. You agree that no joint venture, partnership, employment or agency relationship exists between You and ABRI as a result of Your use of the Websites. ABRI’s failure to exercise or enforce any rights, or insist upon or enforce strict performance of these Terms, is not a waiver of any of these Terms or ABRI’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable. These Terms (inclusive of the hyperlinked documents which are incorporated herein) constitute the entire agreement between ABRI and You in relation to Your use of the Websites, and supersede all prior agreements and understandings.
- 15. AGE REQUIREMENTS
In order to purchase products through Our Websites, You must be 18 years of age or older. By using the Websites, You confirm that You possess the legal authority to enter into these Terms, including instructing Us and/or Our vendors to collect any payments from a credit or debit card, and to use the Websites in accordance with these Terms. You confirm that all information supplied by You in using the Websites is true and accurate. The Websites are not directed to individuals under the age of 18, nor does it contain information which would be potentially harmful to minors in any way. However, We advise all visitors to the Websites under the age of 18 not to disclose or provide any personally identifiable Information. In the event that ABRI discovers that a child under the age of 18 has provided personally identifiable information to Us, We will delete the child's personally identifiable information in accordance with the Children's Online Privacy Protection Act of 1998. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections are commercially available to assist You in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact Your Internet Service Provider for more information.
- 16. MOBILE TERMS OF SERVICE
ABRI’s mobile message service (the "Mobile Messaging Service") is operated by ABRI. Your use of the Mobile Messaging Service constitutes Your agreement to these Terms ("Mobile Terms"). We may modify or cancel the Mobile Messaging Service or any of its features without notice. To the extent permitted by applicable law, We may also modify these Mobile Terms at any time and Your continued use of the Mobile Messaging Service following the effective date of any such changes shall constitute Your acceptance of such changes. By consenting to ABRI’s Mobile Messaging Service, You agree to receive recurring SMS/text messages from and on behalf of ABRI through Your wireless provider to the mobile number You provided, even if Your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that You do not have to sign up for this program in order to make any purchases, and Your consent is not a condition of any purchase with ABRI. Your participation in this program is completely voluntary. We do not charge for the Mobile Messaging Service but You are responsible for all charges and fees associated with text messaging imposed by Your wireless provider. Message frequency varies. Message and data rates may apply. Check Your mobile plan and contact Your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from Your wireless provider. You may opt-out of the Mobile Messaging Service at any time. Text the single keyword command STOP to +18446202135 , or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. Once You cancel the Mobile Messaging Service, no further messages will be sent to Your mobile device, unless initiated by You. If You have subscribed to other ABRI mobile message programs and wish to cancel, except where applicable law requires otherwise, You will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Messaging Service support or assistance, text HELP to +18446202135 or email support@relaxium.com. We may change any short code or telephone number We use to operate the Mobile Messaging Service at any time and will notify You of these changes. You acknowledge that any messages, including any STOP or HELP requests, You send to a short code or telephone number We have changed may not be received and We will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Mobile Messaging Service are not liable for delayed or undelivered messages. You agree to provide Us with a valid mobile number. If You get a new mobile number, You will need to sign up for the program with Your new number. To the extent permitted by applicable law, You agree that We will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Messaging Service, any errors in such information, and/or any action You may or may not take in reliance on the information or Mobile Messaging Service. We respect Your right to privacy. To see how We collect and use Your personal information, please see Our Privacy Policy.
- 17. CONTACT US
To contact ABRI, please email support@relaxium.com.
