Terms of Use
Teevodar® Terms of Use
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INTRODUCTION. Welcome to www.teevodar.com (the “Teevodar® Site”). This site is owned by Dorrington, LLC (“we” or “us”). Through the Teevodar Site, you can shop for various Teevodar® Products made by Sod-E Biotech (“Teevodar® Products”).
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GENERAL. These terms of use (the “Terms of Use”) contain the complete terms and conditions that apply to your use of the Teevodar Site, and your use, in any way, of any Teevodar Products or information that you access, read, or buy through the Teevodar Site. These Terms of Use are a legally binding agreement between you and Teevodar and they supersede any information that may be provided to you orally. The Terms of Use will remain in full force and effect for as long as you use any Teevodar Products, and they will govern any interaction between you and the Teevodar Site and any transactions that you engage in or that you may have engaged in on the Teevodar Site.
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RESELLERS. These Terms of Use are directed to consumers. If you wish to become an authorized reseller of Teevodar® Products (a “Teevodar Reseller”), please click here for our Reseller Agreement.
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PRIVACY. For our Privacy Notice, click here.
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COMMUNICATION
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We may contact you in different ways. We may provide notifications to you via email notice, “push” notifications on your mobile device, or through posting of such notices on the Teevodar Site, as we may determine in our sole discretion.
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Make sure you can get our emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@teevodar.com to your email address book to help ensure that you receive email notifications from us.
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OWNERSHIP OF INTELLECTUAL PROPERTY. TEEVODAR® is a registered trademark of Sod-E Biotech. Sod-E Biotech also owns all trade dress rights in the appearance of any Teevodar Product package, and all other trademarks and service marks that are used on the Teevodar Site or on any Teevodar Product (all together, for purposes of these Terms of Use, “Teevodar Trademarks”). We own all other content used on the Teevodar Site (“Teevodar Site Content”). You may not use any Teevodar Trademark or any Teevodar Site Content for any purpose.
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SHIPPING AND RETURNS
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Shipping Generally. We ship to addresses in the United States only via FedEx, UPS and USPS. We do not ship to APO addresses or P.O. Boxes. Standard shipping is free. We offer next-day shipping and two-day shipping via UPS at UPS’s expedited shipping rates. All shipping is subject to the terms and conditions of the carrier whom we use to ship your order. We will use commercially reasonable efforts to fulfill any Order in a timely manner, but actual delivery times may vary circumstances beyond our control for reasons. Title to the Teevodar Product(s) covered by an order will pass to you when we deliver such Teevodar Product(s) to the carrier. Our default or delay by us in shipping or delivering the whole or any part of an Order will not affect any other portion of such Order.
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Shipping Fees. Standard shipping is free. If you request expedited shipping via UPS, the shipping fee will depend on the UPS rates for shipping to your destination.
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Delivery Policies. All shipping is subject to the terms and conditions of the carrier that we use to ship your order.
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Returns. We will not accept any returns or give any exchanges except (i) if we have sent you the wrong Teevodar Product, or (ii) a Teevodar Product you received has been damaged or tampered with in the course of shipping. To initiate a return for one of these reasons, email us at info@teevodar.com for a return authorization number. Please include your name or the name of the recipient, the order number and date of purchase, all of which can be found on the sales receipt/packing list enclosed in the package. We will contact you with instructions on how to complete the return or exchange in the form of a return authorization that will include shipping information.
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TERMINATION OF ACCESS TO SITE. We may block your access to the Teevodar Site in our sole discretion.
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REPRESENTATIONS AND WARRANTIES. You represent and warrant that you have the right, authority, and legal capacity to enter into these Terms of Use.
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DISCLAIMER OF WARRANTIES
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NO TEEVODAR PRODUCT AND NO INFORMATION ON THE TEEVODAR SITE HAS BEEN REVIEWED, EVALUATED OR ASSESSED BY THE FOOD AND DRUG ADMINISTRATION. WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY TEEVODAR PRODUCT WILL CURE OR ALLEVIATE THE CONDITION FOR WHICH YOU CHOOSE TO USE IT.
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ANY INFORMATION PROVIDED ON THE TEEVODAR SITE IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, AND IT IS NOT TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OF OR FOR ANY INDIVIDUAL PROBLEM. INFORMATION ON THE TEEVODAR SITE ALSO IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER WHO IS FAMILIAR WITH YOUR PARTICULAR MEDICAL CONDITION OR INJURY. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
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WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION PROVIDED ON THE TEEVODAR SITE OR ON THE PACKAGING FOR ANY TEEVODAR PRODUCT, INCLUDING, WITHOUT LIMITATION, THE DIRECTIONS ON ANY TEEVODAR PRODUCT PACKAGE. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE TEEVODAR SITE OR ON THE PACKAGING OF ANY TEEVODAR PRODUCT.
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEEVODAR SITE WILL BE SECURE.
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Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
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INDEMNITY. You will indemnify and hold harmless Dorrington and its affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims“) made by any third party (which means anyone other than you) due to or arising out of your use of the Teevodar Site, including, without limitation, any Claim arising from your providing any third party with any Teevodar Product.
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LIMITATION OF LIABILITY
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NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
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WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT TEEVODAR PRODUCT.
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TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THESE TERMS OF USE, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, AND UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.
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WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF ANY TEEVODAR PRODUCT OR FROM YOUR USE OF THE TEEVODAR SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE TEEVODAR SITE.
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OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TEEVODAR SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US FOR THE TEEVODAR PRODUCT AS TO WHICH YOU CLAIM SUCH DAMAGES OR LOSSES; OR (B) TEN UNITED STATES DOLLARS ($10).
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GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. These Terms of Use will be governed by New York law applicable to contracts to be performed in New York, without regard to conflicts of laws. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO ANY TEEVODAR PRODUCT OR ANY PART OF THESE TERMS OF USE, INCLUDING CLAIMS AND DISPUTES THAT AROSE BETWEEN US BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, AS FOLLOWS:
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Before initiating any arbitration proceeding, you will first discuss the matter informally with us in good faith for at least 30 (thirty) days. To initiate such a discussion, please send your full name and contact information, your concern, and your proposed solution by mail to us at info@teevodar.com.
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If we are unable to mutually agree upon a resolution after the 30-day period, any claim you may have against us regarding any Teevodar Product, the Teevodar Site or these Terms of Use will be resolved through binding arbitration administered by JAMS (https://www.jamsadr.com/) and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures.
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You must begin any arbitration WITHIN ONE YEAR after your claim arose, otherwise, your claim will be waived.
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You may arbitrate with us only in your individual capacity, not as a representative or member of a class (i.e., a group of people). That means that your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
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Arbitration will be exclusively held in White Plains, New York. Each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. There will be a single arbitrator. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
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Both you and we will keep all information about the arbitration and any arbitration award CONFIDENTIAL, except as may be necessary to prepare for or conduct the arbitration on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
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In arbitration, (i) the arbitrator will not be authorized or empowered to award indirect or consequential damages, (ii) neither you nor we will seek punitive or exemplary damages, and (iii) the arbitrator may award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration (“Prevailing Party’s Costs”). If the arbitrators determine one party to be the prevailing party under circumstances where the prevailing party prevailed on some but not all of the claims and counterclaims (if any), the arbitrator may award the prevailing party an appropriate percentage of the Prevailing Party’s Costs.
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You acknowledge that by agreeing to arbitrate, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute resolved by a judge.
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You and we adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure as it exists on the date of these Terms of Use with respect to any final award in an arbitration arising out of or related to these Terms of Use.
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Notwithstanding the statement made above with respect to applicable substantive law, any arbitration that is conducted pursuant to these Terms of Use will be governed by the Federal Arbitration Act (9 U.S.C. et seq., Secs. 1-16).
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If you have a claim that qualifies for resolution in small claims court, you may assert that claim in small claims court in White Plains, New York, on an individual basis only (i.e., not as part of a class action and not as a member of any class).
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If you're not sure what all of this means, ask an attorney.
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ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.
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MOST RECENT CHANGES. These Terms of Use were first posted on August 10, 2023.
