Aeraye Terms and Conditions of Sale and Use of Site Effective Date of Current Policy: July 14, 2021
These terms and conditions (the “Terms”) apply to (i) all sales of Aeraye products (“Products” as defined below) made by Sun Scientific, Inc. (“Company”, “Sun”, “we”, “our”, or “us”) whether through (a) website located at www.aeraye.com and all associated sites (collectively, the “Sites”), (b) any wholesale or retail locations operated by Company or any of its licensed distributors (“Store”), and (c) any Product is offered on the Sites or by any bona fide third party retailer, online or e-commerce platform or other third party channel (each, a “Third Party Seller”), as well as (ii) use of any of the Products by the buyer or any other person who is an end user of the Products, and also (iii) any use of the Sites. Please read these Terms carefully. By (1) visiting, accessing, or otherwise using in any way the Sites or any Store (the “Services”), or (2) by ordering, purchasing, receiving or using any products or services offered by Company through the Sites, a Store or a Third Party Seller (the “Products”), you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of the Sites or a Store, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order, purchase, receive, or even use the Products. If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
These Terms provide that all disputes between you and Company relating to these Terms, your use of or access to the Services and/or your order, purchase, receipt or use of the Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small-claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (Dispute Resolution) for the details regarding your agreement to arbitrate any disputes with Company.
BY CLICKING THE "I AGREE" BUTTON OR ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY BY THESE TERMS. IF YOU DO NOT AGREE TO COMPLY, DO NOT ACCESS OR USE THIS SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE SITES CONSTITUTE ASSENT TO ANY NEW PROVISIONS OF THIS TERMS THAT MAY BE POSTED.
2. Use For Consumer And Educational Purposes Only
This Site and its Services are (a) for consumer educational use and (b) to facilitate the purchase of our Products, only. Nothing contained in the Sites is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Site and its Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Site or any of the Sites. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
3. Electronic Communication
When you order a Product through the Site, or visit any of the Sites, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on any Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you choose to receive marketing text messages from us, either via our Sites or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message.
If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.
4. Prices; Payments; Coupons and Offer codes; Shipping; Third Party Seller Purchases
A. Prices. The price for Products available for purchase through any Site will be displayed to you on that Site. The price for Products available for purchase through any Store will be displayed next to or adjacent to the Product. In each case, the prices displayed do not include taxes. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you purchase the Products (at this time we are only selling Product in the United States of America - “US”). Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products in the contiguous states of the US if your total before taxes is $75 (Seventy-five US Dollars pre-tax including any discounts due to offer codes) or more. Shipping fees apply for all orders less than $75.00 pre-tax. Additional shipping fees may be charged even for orders over $75.00 when shipped to Alaska, Hawaii, and all U.S. Territories, APO/FPO.
B. Payments. The Sites and the Stores currently use third parties to process payments such as but not limited to PayPal. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
C. Coupons and Offer Codes. From time to time, Company may offer qualified consumers “coupons” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on any Site or in any Store, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Company in its sole discretion. Only valid offer codes provided or promoted by Company will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Company (including any unauthorized third-party websites) will not be considered valid. Codes supplied or promoted by Third Party Sellers are not valid for use on the Sites or in any Store, and are subject to the terms and conditions set by such Third Party. Each offer code promoted by Company is non-transferable and valid for single use on an item (or items) of merchandise as determined by Company. Limit of one offer code per household. Offer codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” or “Clearance” unless stated otherwise. Customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Company is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
D. Third Party Seller Purchases. Company may offer certain of its Products through Third Party Sellers. Company does not control any Third Party Seller, and your order, purchase, receipt or use of any Product provided by any Third Party Seller is a transaction solely between you and such Third Party Seller. Each Third Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third Party Seller or any retail locations operated by a Third Party Seller are at your own risk.
A. Shipping Fees/Free Standard with Orders $75 or more. Though every attempt is made to ship orders as quickly as possible, they generally take 2-3 business days to process before shipping. If your order of Products, pre-tax, is $75 or more the standard shipping is free in the US (contiguous states). Overnight and Saturday delivery options are not available. Any order less than $75 will be charged standard shipping fees. We will generally use USPS as our shipping agent for shipping Products but may change based on availability, timeliness, or cost of the shipping agent. Our shipping carrier does not deliver to a PO Box so please do not use that as an address. Product manufacture, stocking, shipping, availability and other Services may be affected by force majeure events including any events outside the control of Company as stated in Section 22 below.
B. Title. Risk of loss and title for Products purchased from Company pass to you upon delivery of such Products (by Company or our manufacturer) to the shipping agent. You are responsible for filing any claims with the shipping agent for damaged or lost shipments.
We stand behind our Products and provide a ninety (90) day warranty below, except for normal wear and tear and misuse, etc. If you believe there is a defect in any of your paid Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at email@example.com.
Company warrants that the Products will be free from defects in material and workmanship for ninety (90) days from shipping date of the applicable Product (the “Warranty Period”), provided that you notify Company within the Warranty Period, or if the defect is one which cannot reasonably be discovered upon delivery, within thirty (30) days after said defect should reasonably have been discovered but in no event later than one year after the shipping date. Your failure to timely give the required notice shall render the warranty ineffective. This warranty does not extend to any Products which have been subject to misuse, accident or improper installation, maintenance or application, nor does this warranty extend to any labor charges for removal and/or replacement of the nonconforming or defective Product or part thereof. The Products must be used and maintained according to the directions included in the packaging and on this Site and any deviation voids this warranty. This warranty does not cover service or parts for any attachments, accessories, or alteration not provided by the Company, nor correction of problems resulting from the use or misuse of attachments, accessories or alterations whether provided or not provided by Company.
THE WARRANTY SET FORTH IN THIS SECTION 6 IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. YOU ACKNOWLEDGE THAT COMPANY HAS MADE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS TRANSACTION OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. NO PERSON IS AUTHORIZED TO EXPAND OR IN ANY MANNER MODIFY COMPANY’S EXPRESS WARRANTY DESCRIBED ABOVE.
If you believe your Product is defective, then please see the Return Policy below in Section 7. Company’s liability under this warranty shall be limited, at it’s option, to repairing or replacing any Product which Company finds to be defective in material or workmanship after your return and upon receipt of the Product by Company for inspection. You may not be entitled to a refund even if the original provided Product is confirmed by Company to be a defective lot.
Notwithstanding anything to the contrary set forth herein, the liability of Sun with respect to a claim of any kind, whether as to quality or amount of Products delivered or for non-delivery of Products, shall not exceed the invoiced paid price of the quantities of Products as to which the claim is made. As stated in Sections 17 and 18 below, in no event shall Sun be liable for any special, incidental, indirect or consequential damages arising in tort, contract, strict liability or any other legal theory (including, without limitation, loss of profit or revenue, downtime costs, loss of use of the products, cost of any substitute product, facility or service, and any claims of customers or other third parties for any such damages). Again, Sun’s liability under this warranty shall be limited, at Sun’s option, to repairing or replacing any Product which Sun finds to be defective in material or workmanship after receipt of the Product by Sun for inspection after return under an approved RAN (see Section 7 below).
7. Returns and Refunds; Cancellation
A. Cancellations. If you decide to cancel your order within 24 hours we will try to cancel it if prior to shipment.
B. Returns. Subject to the exceptions set forth below, you may return any Product purchased from the Sites or any Store within ninety (90) days and subject to the conditions described below. If your return is the result of a shipping error on our end, we will refund the entire purchase amount and return shipping costs. However, we are not responsible for re-shipments, specifically if you type in an incorrect address online or if you enter a P.O. Box address.
You can return your Product within ninety (90) days for a full refund of the cost (not including shipping fees) if the box is sealed and unopened (“Returnable Products”). We do not accept any returns or provide any refunds for opened Products, unless there is a defect under the Warranty in Section 6 above. We will not accept returns if the packaging seal is broken. If you feel there is a defect or you wish to return an unopened boxed Returnable Product, please contact us at firstname.lastname@example.org for instructions on requesting a Return Authorization Number.
Please read our full return policy:
- All returns must have a Return Authorization Number provided to you if applicable within 2-3 business days after you request the RAN via email.
- Returnable Products may be returned up to 90 days after shipping date.
- Returnable Product(s) must be in unopened boxes or containers, unless you are claiming the product is defective during the Warranty Period.
- If you are claiming the product is defective during the Warranty Period, all parts and accessories must be included and in original packaging when returned. We will not charge return shipping fees unless upon receipt of the returned Product we decide it was not defective.
- Shipping fees (if charged in the original order) are non-refundable and the cost of return shipping on that order if within the applicable time frame is your responsibility.
- For any return not based on a defective Product, we will deduct the actual cost of return shipping from your refund of the Returnable Product(s).
- Wire transfer fees, credit card fees or PayPal fees are non-refundable.
- You may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address.
- If at least one of a particular Product type is returned from an initial order, you or anyone in your household at the same shipping address will not be eligible for additional Upgrade Periods on subsequent orders of that particular Product.
After confirmation and approval of a RAN, you will receive an e-mail containing a complimentary USPS (or any other carrier we choose) shipping label for you to apply to your return box (not provided by Company) as well as a return receipt. Please place the Product you would like to return, along with the return receipt, in your mailing box, affix the shipping label to the outside of the box, and drop off the box at your nearest USPS (or other Sun designated carrier) location. All returns must be delivered to the carrier prior to 90 days from the original shipping date of the Product from Company.
C. Refunds. Any refunds will be issued in the form of the original payment. If you purchased a Product from the Sites or in a Store using an offer code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or transaction fees. Depending on the timing of the RAN approval, your return to a Sun designated carrier location, and our processing of the returned unopened item, as well as your third party payment processors such as VISA, PayPal, etc., your refund may take 2-6 weeks or longer.
D. Third Party Seller Returns and Refunds. Notwithstanding anything provided in these Terms, including this Section 7, the return of any Product(s) ordered, purchased or received from any Third Party Seller and any refunds issued in connection with such Product(s) will be subject to the terms and conditions of such Third Party Seller (such as for example, Amazon, etc.). Please contact the Third Party Seller from which you ordered, purchased or received the Product for their applicable terms and conditions regarding returns and refunds.
E. NO Exchanges. Due to the nature of our Products being worn by individuals we do not offer exchanges on any opened box or container of a Product. If you wish to return a Returnable Product still in its unopened box or container, please follow the directions above regarding a RAN and refund.
8. Accounts, Forms, Registrations and Passwords
You represent and warrant that the information you provide to Company upon creating an account on any Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Sites, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Sites and to preserve the confidentiality of your username and password, and any device that you use to access the Sites.
You agree to notify us immediately of any breach in secrecy of your log-in information.
If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify Company by e-mail to email@example.com. You will be solely responsible for the losses incurred by Company and others due to any unauthorized use of your account.
None of our Sites or any part of our Sites is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS ANY SITE.
If you are using a Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Unless otherwise noted, all content included on any Site, featured in any Store or on any Product, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “Company Content”) is the property of Company or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of each Site is the exclusive property of Company and is protected by United States and international intellectual property laws. Any unauthorized use of any Company Content on any other site or for any other media platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the Sites, please contact us at firstname.lastname@example.org.
Spokespeople. From time to time, Company may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. Such individuals may be allowed to use certain Company Content subject to a separate written agreement. Not all of the opinions of such individuals are approved, endorsed or allowed by Company.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on any Site, in any Store or on any Product are proprietary to Company, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Company, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites.
12. Limited License and Access to the Sites
We grant you a limited license to use the Sites for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of the Sites or any of the contents of the Sites; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites not intended to be so read. Including using or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Sites or to collect any information from the Sites or any other user of the Sites.
13. Use of the Sites
You agree to use each Site only for its intended purpose. You must use the Sites in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Sites are prohibited.
You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Sites, user accounts, or the technology and equipment supporting the Sites;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Sites;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Sites to a third-party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Sites in an illegal way or to commit an illegal act in relation to the Sites or that otherwise results in fines, penalties, and other liability to Company or others; or access the Site from a jurisdiction where it is illegal or unauthorized.
14. Content you submit to Company; Reviews
A. Reviews. From time to time, Company may allow you to post reviews, comments, photos, or similar materials on the Sites (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Sites.
By posting a Review on any Sites or any media platform (including social media platforms), you hereby grant Company an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Sites and/or media platforms, for any purpose, including promoting and marketing Company and the Products. You further grant Company a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Sites and/or media platforms. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Company through the Sites, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Sites and/or media platforms, or you have all rights, licenses, consents, and releases that are necessary to grant to Company the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Sites and/or media platforms do not (a) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (c) require Company to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
B. No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be unlawful, infringing, defamatory, slanderous, libelous, inaccurate, unlawful, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, hatred, or in volitation of any rights of any third-parties as determined by Company in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
15. Digital Millennium Copyright Act
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 posted on the Sites infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Sites;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to 145 Palisade Street, Suite LL11, Dobbs Ferry, NY 10522 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
16.Content Accuracy; User Disputes
A. Content Accuracy. We make no representations or warranties about accuracy, reliability, completeness, or timeliness of any contents of any Site extending to any descriptions of our Products. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites. Use the Sites at your own risk.
We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Sites.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Sites you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Sites at any time, including hours of operation or availability of the Sites or any feature, without notice or liability.
B. User Disputes. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Sites. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Company of all claims, demands, and damages in disputes among users of the Sites. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY ABOVE IN SECTION 6, OR ANY OTHER PRODUCT WARRANTY FOR PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITES AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, GOOD OR SERVICE AVAILABLE ON THE SITES, IN ANY COMPANY STORE OR THROUGH ANY THIRD PARTY SELLER WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
“Released Parties” include Company and its affiliates, officers, employees, agents, partners, and licensors.
18. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE SERVICES PROVIDED ON THE SITES, IN A COMPANY STORE OR BY A THIRD PARTY SELLER OR THE PURCHASE, RECEIPT, ORDER OR USE THE PRODUCTS; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS, AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITES; (vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vii) ANY OTHER MATTER RELATING TO THE SITES, ANY STORE, THE SERVICES, THE PURCHASE, THE RECEIPT, ORDER OR USE OF THE PRODUCTS OR THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF A PRODUCTS, USE OF THE SITES OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100.00 (ONE HUNDRED US DOLLARS) OR THE AMOUNT YOUI PAID FOR SUCH PRODUCT(S).
19. Dispute Resolution
A. Generally. In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any dispute arising out of or in any way related to these Terms, your use of the Sites or the Services or the purchase, receipt, order or use any of the Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, your use of the Sites, the Services, or the purchase, receipt, order or use of any of the Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Company will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Company’s address for Notice is: 145 Palisade Street, Suite LL11, Dobbs Ferry, NY 10522 or firstname.lastname@example.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Company will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Company in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
E. No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
F. Modifications to this Arbitration Provision. If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Company’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Company.
G. Enforceability. If the Section 19(E) entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of or access to the Sites, any Store, the Services or the purchase, receipt, order or use of Products.
H. Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and Company agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your limited license to use the Sites, and to block or prevent future access to and use of any of the Sites or any Store for any reason or no reason. Upon termination, these Terms will still apply.
21. Changing these Terms.
We reserve the right to update and revise these terms at any time
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the Site(s) by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of or access to the Services constitutes your acceptance of these Terms.
22. Force Majeure/Weather/ Etc.
Neither party shall be liable to the other for any delay or failure to perform hereunder (excluding the failure to pay money due hereunder), which delay or failure is due to causes beyond the reasonable control of said party, including but not limited to acts of God, acts of the public enemy, acts of terrorism, acts of the United States of America or any state, territory or political subdivision thereof, fires, floods, epidemics, global pandemics, quarantine restrictions, lock-downs, strikes or freight embargoes. Product manufacture, stocking, shipping, availability and other Services may be affected by such force majeure events including any events outside the control of Company.
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
In the event any of these Terms or any provisional are deemed invalid, void, or for any reason unenforceable, that specific term will be severed and will not affect the validity and enforceability of any remaining term or condition. The remaining Sections, terms and provisions of these Terms shall remain in full force and effect, and such unenforceable provision shall be deemed modified so as to comply with law while maintaining, to the maximum extent possible, the original intent of the provision. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
25. Entire Agreement
Except as explicitly noted above, these Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Company with respect to the Services and/or the purchase, receipt, order or use of the Products and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services and/or the purchase, receipt, order or use of the Products. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Effective Date of Current Policy: July 14, 2021
Our Products collect your information
We collect personal information in the following circumstances:
Registering an account. Some of our Products give you the option of creating a user account. If you decide to create an account, you will provide us with certain personal information, such as your user name and password. You are not required to register to use our Products.
Purchasing a Company Product. When you make a purchase, you are given the option of logging into an account or checking out as a guest. In either case, when you purchase a Product, you will provide us with personal information, such as your name, email address, payment information, and shipping address.
Making a payment. When you make a payment to Company, you may need to provide personal information to our third-party payment processors. Such personal information may include sensitive personal information, such as your credit card number.
Submitting information to us. We collect information you submit to us. For example, when you post a review of a Product on the Sites or any social medial platform or refer a friend to Company on the Sites, we receive the information in your submission, including any personal information. If you choose to submit content to any public area of sun-scientific.com, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
Communicating with us. We may also collect personal information from you when you communicate with us. For example, you may send us personal information by writing an email to us, calling our customer service department, subscribing to Company communications, or making a reservation for an event hosted by Company.
Taking a survey. From time to time, we may contact you to participate in optional online surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information.
Information you provide about a third party. If you choose to use our referral service to tell a friend about Company, we may collect your friend's personal information, such as name and email address. We will automatically send your friend a one-time email inviting him or her to purchase a Company product. We store your friend’s information in order to send this one-time email and to track the success of our referral program.
Passive collection. Our Sites and applications collect and store information that is generated automatically as you use them, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, cookie identifier, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our websites and applications (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this data to analyze trends in the aggregate and administer our Products. Information that we passively collect may be combined with other information about you, including personal information such as when you are logged into your Company account.
Information provided by third parties. Company may collect information about you from third parties or supplement the information we collect from you with additional records received from third parties. If you place an order with a third-party retailer, that retailer will send your personal information to Company so that we can fulfill you order. We also collect information from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.
Non-personal information collected when you use our Products. Some of our Products may collect information when you use them.
How Company uses your information
Except as provided below, we do not share or disclose your personal information. We never monetize your information; we use your information to continue developing excellent products to help you sleep better and to optimize your experience with relevant offers and promotions.
We use personal information in the following ways:
Internal and service-related usage. We use and retain information, including personal information, to improve and facilitate our Products, including:
- to analyze interactions with and performance of our Products;
- to debug and identify errors that impair functionality;
- to detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity;
- for research related to technological development and demonstration;
- to improve or enhance our Products or website.
- Advertising. We may use personal information to help us deliver targeted advertising including to consumers directly and through unaffiliated advertising partners, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement.
- Communications. We may send communications via email or SMS to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
- Marketing. We may use information about you, including personal information, to send you information about our Products, including by email, SMS, phone, or mail.
- Non-personal Information. We may use aggregated or other data that is not personal information for any purpose, including marketing. These uses may include but are not limited to analyzing interactions with and performance of our Products, enabling us to improve our Products, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such and aggregated data collected via our Products with other information collected from our business partners.
- Operationally Necessary: This includes technologies that allow you to access our Products and tools that are required to maintain functionality and monitor and protect our Products.
- Performance-Related: This includes technologies that allow us to assess the performance of our Products and help us understand how our users and visitors interact with our Products.
- Functionality-Related: This includes technologies that allow us to offer you an enhanced experience when using our Products, such as identifying you when you sign in to your account or keeping track of your preferences.
- Advertising or Targeting-Related: We may use first- or third-party Technologies to deliver content, including ads relevant to your interests on our Products or on third-party websites and applications.
- Company may disclose your information in the following ways:
- Service Providers. We may share personal information with our vendors and Service providers who perform services on our behalf. These third parties are authorized to use your personal information only as necessary to provide these services to us, such as fulfilling orders, processing payments, sending and improving communications, developing and improving our Products, detecting, preventing, and remediating fraud or other prohibited activities, and other support for the provision of our Products.
- Displaying to other users. The content you post to the Sites or any social media platform may be displayed on the Sites and any social media account run by Company. Other users may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
- As required by law and similar disclosures. We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your personal information, other account information, and content if we believe in good faith that disclosure is necessary to protect yours’, ours’ or others’ rights, property, or safety, or investigate fraud.
- We may also disclose your personal information with your permission.
- Your Choices and Rights
- In accordance with applicable laws, you may have the right to:
· Access personal information about you that we have collected.
· Request correction of personal information that is incomplete or inaccurate. We may offer self-service tools for you to correct this information.
· Request deletion of personal information that we hold about you.
· Request restriction of or object to processing, including the right to opt out of the sale of your personal information to third parties.
You can make any of these requests by contacting email@example.com or by calling this toll-free number: 1-855-656-5656. We will respond to your request within a reasonable timeframe. We may ask you to verify your identity, such as by logging in to your Company account or confirming your email address. You have the right not to receive discriminatory treatment for the exercise of your privacy rights. If you wish to designate an authorized agent to make a privacy request for you, please email us from the email address associated with your Company account and inform us of this designation, along with the designated agent's name and email address. We reserve the right to save transaction data as is necessary to comply with legal obligations or for purposes of standard business operations.
Advertising. To manage our advertising on other sites, we engage third-party advertising partners. These third-party partners may use technologies such as cookies to gather information about your activities on sun-scientific.com and other sites in order to provide you advertising based upon your browsing activities and interests. Notwithstanding the foregoing, our third-party advertising partners do not have access to, nor do we share with such third parties, any Glow Usage Data. Certain of our third-party advertising partners participate in self-regulatory organizations, and those organizations operate websites that give you the ability to opt-out of receiving targeted ads from those partners. You can access these websites, and also learn more about targeted advertising and privacy, at Network Advertising or AboutAds.
To be clear, whether you are opting out by adjusting your browser/device settings or by using a website established by a self-regulatory group, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
Do Not Track Mechanisms. Please note that we do not respond to or honor “do not track” signals or similar mechanisms transmitted by web browsers.
Email If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this policy.
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.
Third-party sites and social media platforms
Our Products may contain links to other websites and other websites may reference or link to www.sun-scientific.com or our other Products. These other domains and websites outside of the Sites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our Products may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Products. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.
Security of your information
By using our Products or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Products. If we learn of a security breach, we may notify you by posting a notice on sun-scientific.com, sending an email to you, or by mail, as required by law.
We retain information for as long as your account is active or as needed to provide Products or services. We will also retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We do not knowingly collect, maintain, or use personal information from children under 16 years of age, and our Products are not directed to children under the age of 16. If you learn that your child has provided us with personal information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected any personal information from children under 16, we will promptly take steps to delete such information and terminate the child’s account.
By using our Products, you will transfer data to the United States. At this time sales are only made in the United States so no data should be submitted by you to Company.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
Contact information for Privacy issues
SUN SCIENTIFIC, INC.
145 Palisade Street, Suite LL11
Dobbs Ferry, NY 10522
Toll-free Privacy helpline: 1-855-656-5656
Effective Date of Current Policy: July 14, 2021
This Cookies Policy is issued on behalf of Sun Scientific, Inc. (“Company”, “Sun”, “we”, “our”, or “us”) whether through a website located at www.aeraye.com, www.sun-scientific.com, and all associated sites (collectively, the “Sites”).
- "Cookies" are small pieces of information that some websites store on your computer's hard drive when you visit them.
- Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis.
- Our Sites require that cookies be enabled to allow full use of the Sites. If you reject cookies from our Sites, you will not be able to access the Sites or it may hamper the extent of your usage.
COOKIES USED BY OUR SITES
We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Sites.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Sites when they are using it. This helps us to improve the way our Sites work, for example, by ensuring that users are finding what they are looking for easily.
- Targeting cookies. These cookies record your visit to our Sites, the pages you have visited and the links you have followed. We will use this information to make our Sites and the advertising displayed on it more relevant to your interests.
In particular we use:
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Sites. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
- Google Ads (AdWords)
- Google Ads (AdWords) remarketing service is provided by Google Inc.
- Bing Ads Remarketing
- Bing Ads remarketing service is provided by Microsoft Inc.
- Twitter remarketing service is provided by Twitter Inc.
- Facebook remarketing service is provided by Facebook Inc.
- Pinterest remarketing service is provided by Pinterest Inc.
- AdRoll remarketing service is provided by Semantic Sugar, Inc.
Most Internet browsers allow users to control the acceptance of cookies via the browser’s settings. Visit allaboutcookies.org to find out how to configure these settings on a number of major browsers.