PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OR MOBILE APPLICATIONS OF MEDARMOUR, ITS AFFILIATES OR AGENTS (“MEDARMOUR”, “WE”, “OUR”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE”) IN ANY WAY, INCLUDING BUYING ANY PRODUCTS WE SELL ON THE SITE, THROUGH A POP-UP SHOP OR IN ANY OTHER PHYSICAL RETAIL LOCATION (“PRODUCTS”) OR OTHER SERVICES ENABLED VIA THE SITE ( “SERVICES”) BY MEDARMOUR, INCLUDING THE CREATION AND USE OF USER ACCOUNTS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT AND WARRANT THAT
(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
(2) YOU ARE OF LEGAL AGE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH MEDARMOUR.
(3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS OF USE.
THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. THESE TERMS OF USE SET FORTH THE AGREEMENT BETWEEN YOU AND MEDARMOUR WITH RESPECT TO THE SITE, PRODUCTS AND SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. ALL THE DISPUTES WILL FALL UNDER BHIWANI JURISDICTION ONLY.
1REGISTRATION.
You may simply browse the Site, or you may register with MEDARMOUR and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
2. ACCOUNT INFORMATION.
When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders (as defined below) and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. To the extent permitted by applicable law, and unless such loss or damage is due to the breach or willful misconduct of MEDARMOUR, in no event and under no circumstances will MEDARMOUR be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of MEDARMOUR under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization.
ORDERS.
These Terms of Use shall govern any order you make through the Site for Products (such order, an “Order”). For Team Orders (as defined below), please see the Supplemental Terms for Team Orders .