TERMS OF SERVICE

TERMS OF SERVICE
OVERVIEW
This website is operated by activemere.com. Throughout the site, the terms "we"
"us" and "our" refer to activemere.com.activemere.com offersthis website, including all
information, tools, and services available from this siteto you, the user,
conditioned upon your acceptance of all terms, conditicons, policies and noticess
stated here.
By visiting our site and/or purchasing something from us, you engage in ou
Service" and agree to be bound by the following terms and conditiions (Terms
of Service", "Terms"), including those additional terms and conditions and
policies referenced herein and/or available by hyperlinTheseTerms of Service
apply to all users of the site, including without limitationusers who are browsers
vendors, customers, merchants, and/ or conttributors of content
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site,youagree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or useany services. If these
Terms of Service are considered an offer, acceptance isexpressly limited to
these Terms of Service
Any new features or tools which are added too the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve thhe right to update
change or replace any part of these Terms of Service byposting updates and/or
changes to our website. It is your responsibility to checkthis page periodically
for changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Our store is hosted by Shopily Inc. They provide us withthe online e-commerce
platform that allows us to sell our products and services to you
ONLINE STORE
By agreeing to these Terms of Service, you represent theat you are at least the
age of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and youhave given us your
consent to allow any of your minor dependents to use thhis site
You may not use our products for any illegal or unauthorized ppurpose nor may
you, in the use of the Service,violate any laws in your jurisdiction (iincluding but
not limited to copyright laws).
You must not transmit any worms or virusesor any code of a destructive nature
A breach or violation of any of the Terms willresult in an immediate termination
of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyorhe for any reason at any time
You understand that your content (not including credit coird information), may
be transferred unencrypted and involve (a)transmissionsover various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy,sell,resell orexploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written
permission by us
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms
ACCURACY.COMPLETENESS AND TIMELINESS OF IINFORMATION
We are not responsible if information made available on this site is not accurate
complete or current. The material on this siteis provided for general information
only and should not be relied upon or used asthe sole basis for making
decisions without consulting primary, more accurate, motre complete or more
timely sources of information. Any reliance on the materiaI on this site is at your
own risk.
This site may contain certain historical information. Historical information
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICING
Prices for our products are subject to changewithout notice
We reserve the right at any time to modify ordiscontinue the Service (or any part
or content thereof)without notice at any time
Weshall not be liableto you or to any third-party for anymodification, price
change, suspension or discontinuance of the Service
PRODUCTS OR SERVICES
Certain products or services may be available exclusivelyonline through the
website. These products or services may have limited quaintities and are subject
to return or exchange only according to our Return Policy。
We have made every effort to display as accurately aspossible the colors and
images of our products that appear at the store. We carnnot guarantee that you
computer monitor's display of any colorwill be accurate
We reserve the right but are not obligated, tolimit the sales of our products on
Services to any person, geographic region or jurisdictionh. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing
are subject to change at any time without notice, at thesole discretion of us. We
reserve the right to discontinue any product any time. Any offer for any
product or service made on this site is void where prohibited
We do not warrant that the quality of any products, servces, information, or
other material purchased or obtained by you will meetyour expectations, or that
any errors in the Service will be corrected
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place withus. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed byor under the same
customer account, the same credit card, and/or ordersthat use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the orderwas made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your emoil address and credit
card numbers and expiration dates so that vve can complete your transactions
and contact you as needed
OPTIONAL TOOLS
We may provide you with access to third-party tools overwhich we neither
monitor nor have any control nor input
You acknowledge and agree that we provideaccess to such tools tas is' and 'as
available* without any warranties, representations or coonditions of any kind and
without any endorsement. We shall have no liability whotsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site site is entirelyy at your own
risk and discretion and you should ensure that you are ffamiliar with and approve
of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or featuresthrough the
website (including, the release of new tools and ressources). Such new features
and/or services shall also be subject to these Terms of Servicce.
THIRD-PARTY LINKS
Certain content, products and services available viia our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not hayve any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties. Weare not liable for any harm or
damages related to the purchase or use of goods,services, resources, content,
or any other transactions made in connection with any third-party websites
Please review carefully the third-party's policies and practices and make sure
you understand them before you engage in any traInsaction. Complaints, claims
concerns, or questions regarding third-party products shouldbe directed to the
third-party.
USER COMMENTS FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions(for example contest
entries) or without a request from us you send credative ideas, suggestions
proposals, plans, or other materials, whether online, by email, by postal mail,or
otherwise (collectively, 'comments'), you agree thaIt we may, at any time, without
restriction, edit, copy, publish, distribute, translate cand otherwise use in any
medium any comments that you forward to us. Weare and shall be under no
obligation (1) to maintain any comments in confidence; (2)topay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove coontent that we
determine in our sole discretion are unlawful, offensive, threatening, libelous
defamatory, pornographic, obscene or otherwise olbjectionable or violates any
party's intellectual property or these Terms of Service
You agree that your comments will not violate any right of any third-party
including copyright, trademark, privacy, personality or other ppersonal or
proprietary right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material. or contain any computer
virus or other malware that could in any way affectthe operation of the Service
or any related website. You may not use a false e-nnail address, pretend to be
someone other than yourself, or otherwise misleadus or third-parties as to the
origin of any comments. You are solely responsiblefor any comments you make
and their accuracy. We take no responsibility and assume noliability for any
comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information througgh the store is governed by our
Privacy Policy.
ERRORS.LNACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in thService that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shippingcharges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update informaticon or cancel orders il any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted ycour order)
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website.should be taken to indicate that
all information in the Service or on any relatedwebsite has been modified or
updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms oService,youare
prohibited from using the site or its content: (a) for any unlawlul purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, ruleslaws, or local
ordinances; (d) to infringe upon or violate our intellectualproperty rights or the
intellectual property rights of others; (e) to harass, abuse,insult, harm, defame
slander, disparage, intimidate, or discriminate based on gender, sexud
orientation, religion, ethnicity, race, age, national origin, or disabilit
submit false or misleading information;(g) to upload or transmit viruses or any
other type of malicious code that will or may be used in ary way that will affect
the functionality or operation of the Service or of any related website, othe
websites, or the Internet;(h) to collect or track the personeal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)for any
obscene or immoral purpose; or (k) to interfere with or cincumvent the security
features of the Service or any related website, other websiites, or the Internet. We
reserve the right to terminate your use of the Service or ary related website for
violating any of the prohibited uses.
DISCLAIMER OF WARRANTIIES;LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free
We do not warrant that the results that may beobtained from the use of the
service will be accurate or reliable
You agree that from time to time we may removethe service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability tto use, the service is at your sole
risk. The service and all products and services delivered toyou through the
service are (except as expressly stated by us) provided 'asis' and 'as available
for your use, without any representation, warranties or conditions of any kind
either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness fora particular purpose,
durability,title, and non-infringement.
In no case shall activemere.com, our directors, officers, employees, affiliates, agents
contractors, interns, suppliers, service providers olicensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitivespecial, or
consequential damages of any kind, including, wiithout limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or anhy similar damages,
whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or anyproducts procured
using the service, or for any other claim related in any wayto your use of the
service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred asa result of the use of
the service or any content (or product) posted, transmittedor otherwise made
available via the service,even il advised of their possibilityBecausesomestates
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless activemere.com
and our parent, subsidiaries, affiliates, partners, afficers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, includingreasonable attorneys
fees,madeby any third-party due to or arising out of yourbreach of these Terms
of Service or the documents they incorporate by referenceor your violation of
any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms ofService is determined to be
unlawful, void or unenforceable, such provision sthall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the urenforceable portion
shall be deemed to be severed from these Termsof Service, such determination
shall not affect the validity and enforceability ofany other remaining provisions.
TARMINATION
The obligations and liabilities of the parties incurred priorto the termination date
shall survive the termination of this agreemenit for all purposes
These Terms of Service are effective unless and untilterminated by either you or
us. You may terminate these Terms of Service at any timeby notifying us that
you no longer wish to use our Services, or when you cease using our site
If in our sole judgment you fail, or we suspectthat you have failed, to comply
with any term or provision of these Terms of Service, we aIso may terminate this
agreement at any time without notice and you will remairliable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your useof the Service
superseding any prior or contemporaneous atgreements, communications and
proposals, whether oral or written, between you and us (iincluding, but not limited
to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of New
Jersey.
Changes to Terms of Service
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page
We reserve the right, at our sole discretion, to update, choange or replace any
part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically forchanges. Your
continued use of or access to our website or the Service following the posting of
any changes to these Terms of Service constittutes acceptance of those changes
Subscription Terms and Conditions
Welcome to our subscription service. Before using thiis service, please read and
understand the following terms. By using our service,you acknowledge that you
have read, understood, and agree to comply with these terms
Subscription Details
1.1 Product Description: This subscription service includes product/service
description].
1.2 Price: The subscription fee is [amount] and will beautomatically deducted at
the beginning of each subscription cycle.
Payment Terms
2.1 Billing Cycle: Certain parts of the subscription service are billed on a
subscription ('Subscription') basis. You will be billed in advanceon a recurring
periodic basis ('Billing Cycle'). The Billing Cycle is set on a monthly basis
2.2 Clubs and Discounts: Your subscription is eligiblefor savings clubs and initia
discounts that allow you to join the monthly coupon pprogram
2.3 Automatic Renewal: At the end of each Billing Cycle, yousubscription will
automatically renew under the exact same conditions unless you cancel your
subscription or the "Company" cancels the subscription.
2.4 Cancellation: You can cancel the subscription renewal by coontacting the
"Company" customer support team via phone or emaiil.
Payment Method
3.1 Valid Payment Method: A valid payment method (including cedit card on
PayPal) is required to process your subscription payment
3.2 Billing Information: You must provide accurate and complete billing
information to the "Company," including full name, aoddress, state, postal code
phone number, and valid payment method information
3.3 Automatic Authorization: By submitting such payment information, you
automatically authorize the "Company' to charge all fees incurned through your
account for any subscription charges made by such payment instrument
3.4 Failed Automatic Billing: If automatic billing fails forany reason, the
"Company' will issue an electronic invoice indicating that you must manually
take action by making a full payment corresponding tothe Billing Cycle specified
on the invoice within a specific due date.
Coupon Issuance
4.1 Coupons: We will issue a $9.99 coupon to your account in the second month
after you agree to the subscription
4.2 Coupon Usage: The coupon can be used for the purchase of any product at
our exclusive store [www.activemere.com].
Subscription Cancellation
5.1 Subscription Cancellation: You may cancel the subsscription at any time, but
the cancellation must be completed before the start ofthe next subscription
cycle.
5.2 Coupon Eligibility: Canceling the subscription mayaffect your eligibility for
coupons in the next subscription cycle.
Billing Cycle
6.1 Billing Date: The subscription fee will be charged at the beginniing of each
subscription cycle.
6.2 Coupon Issuance Date: Coupons will be issued in the second month after
your subscription becomes effective
Privacy Policy
7.1 Privacy Policy: By using this service, you agree to our Privacy Policy, which
details how we collect, use, and protect your personalinformation.
Liability and Warranty
8.1 Limitation of Liability: To the maximum extent permited by law, we shall not
be liable for any damages arising from the use of this service.
8.2 Refunds: Unless otherwise stated, subscription feesare non-refundable once
paid
Change Notice
9.1 Changes to Terms: We reserve the right to change these terms with advance
notice. Any changes will be effective after the publication of the change notice.
Applicable Law
10.1 Governing Law: These terms are governed by (applicablelaw).
By making a purchase, you automatically agree to thee subscription terms,
including the payment and cancellation conditions mentioned above.
Clicking 'Buy' signifies your agreement to these subscriptionterms.
Please read and understand these terms before usingthe service. If you have
any questions, please contact our customer service teeam
These Terms of Service and any separate agreementswhereby we provide you
shall be governed by and construed in accordance wiith the laws of HK
Contact Information
Questions about the Terms of Service should be sent to
service@activemere.com