Terms of service
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Last updated: January 26th, 2021
STIMPAK
Terms & Conditions (“Terms”)
Overview and Your Agreement to Our Terms
Welcome to Stimpak.rocks. Stimpak.rocks, aka STIMPAK, and/or its agents, representatives, contractors, affiliates, assignees, suppliers, manufacturers, employees and officers ("SP", “We”, “Our”, and/or “Us”) provide website content, features and other services and materials/products (“Products”) through Our website (collectively, "SP Service(s)"). We provide SP Services subject to the following Terms and Conditions.
We offer a wide range of Services, and sometimes additional Terms may apply. When you use any SP Service (including, but not limited to, your profile (“My Account” page), correspond with SP customer support (in any format or context), check or track the status of an order made, transact for one or more of Our Products, Our “Your Cart”, or “Checkout” page) you will also be subject, to the full extent permissible by law, to the guidelines, Terms and agreements applicable to that SP Service ("Supplemental Terms"). To the full extent permissible by law, these Terms wholly apply in addition to any Supplemental Terms provided unless any specific Term(s) herein conflict(s) with any Term in the Supplemental Terms, if and/or when that is the case, the Supplemental Terms will control. Otherwise, these Terms remain in full-effect.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL PERSONS ARE DENIED ACCESS TO, AND THE USE OF, THIS SITE UNLESS THEY READ AND ACCEPT THESE TERMS AND THE PRIVACY POLICY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND TO THESE TERMS & CONDITIONS AND THE PRIVACY POLICY.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPPA) OF 1998.
WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, SUPPLEMENTAL TERMS, AND THESE TERMS AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR OR POST NOTICE BEYOND THIS PAGE HEREIN. IF YOUR PREROGATIVE IS TO MAINTAIN CURRENT AWARENESS OF THE INFORMATION PROVIDED HEREIN, IT IS YOUR DUTY TO MAINTAIN SUCH AWARENESS OF OUR TERMS, POLICIES AND PRACTICES EACH TIME YOU VISIT OUR SITE PRIOR TO PROCEEDING WITH ANY FORM OF FURTHER ENGAGEMENT BEYOND THIS PAGE ON THIS SITE.
PRIVACY
Please review Our Privacy Policy, which also governs your use of SP Services, to understand Our policies and practices.
ELECTRONIC COMMUNICATIONS
When you use SP Services, or send e-mails, text messages, and/or other communications from your desktop or mobile device to Us, you may be communicating with Us electronically. In doing so, you are subscribing to any one or more of the SP Services, and you expressly consent to receive electronic communications from Us, including e-mails, (“SMS” or “MMS”) text messages, mobile push notices, or notices and messages. You agree that all agreements, notices, disclosures, disclaimers, Supplemental Terms, and/or other communications We provide to you electronically satisfy any requirement that such communication be “in writing”, be it legal or otherwise.
INTELLECTUAL PROPERTY “IP”
All content displayed on, included in, or made available through any SP Service, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, quotes from other Customers, and software, is either the property of SP or its rightful owners and as such, is protected by the United States and international copyright, trademark, and patent law. The compilation of all content (on its own or comingled with other content) included in or made available through any SP Service is the exclusive property of SP and protected by U.S. and international copyright law, trademark, and patent law. Neither SP nor any other herein inclusive IP owner grants you a license to use Our and/ or their IP in any way. By using any SP Service, you agree to not infringe on the rights of any copyright, trademark and/ or patent holder. This includes, but is not limited to, frame or utilize framing techniques to enclose any IP, trademark, logo, or other proprietary information (including images, text, page layout, or form), using meta tags or any other "hidden text" utilizing SP’s name, trademarks or IP without the express written consent of SP.
IP COMPLAINTS
SP respects the IP rights of others. If you believe that your intellectual property rights are being infringed, please immediately notify Us at stimpak.rocks@protonmail.com so that We can take the appropriate steps to remedy the situation!
LICENSE AND ACCESS
Subject to your assent to, and compliance with, these Terms and any Supplemental Terms, SP and/or its content providers grant you a fully revocable limited, non-exclusive, non-transferable, and non-assignable license (“License”) to access and use SP Services solely for personal and non-commercial purposes. To the full extent permissible by law, this License does not grant the right to, and by using any SP Service you agree not to, use any SP Product and/ or Service for resale or commercial purposes, unless otherwise pre-agreed to, in-writing, by an authorized representative of SP. Such resale or commercial purposes include, but are not limited to, the re-selling and/or re-packaging of Our Products for re-sale purposes, any collection and/ or use of any Product listing(s), description(s), or price(s); any derivative use of any SP Product and/or Service or its contents; any downloading, copying, ripping or other use of account information for the benefit of any third party; or any use of data gathering and extraction tools and/ or techniques, including but not limited to, packet sniffers, data mining, robots (“bots”), or anything similar to such. You may use SP Services solely for purposes of enabling you to use other SP Services as provided by SP, and as permitted by these Terms and any Supplemental Terms. You may not incorporate any portion of a SP Service into another service, product or program, nor compile any portion of one in combination with another service, product or programs, or otherwise copy (except to exercise rights granted herein), modify, create derivative works of, distribute, assign any rights to, or license a SP Service in whole or in part. All services used in any SP Service are the property of SP, its Product or software suppliers, or the rightful owner and is protected by United States and international copyright laws.
By using any SP Service, you also agree to not use, test or otherwise utilize any SP Service for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of any SP Service. Any use or attempted use of the aforementioned is strictly prohibited. All rights not expressly granted to you in these Terms or any other Supplemental Terms are reserved and retained by SP and/or Our licensors, suppliers, publishers, rightsholders, and/or other content providers. No SP Service, nor any part of any SP Service, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of SP by an authorized representative of SP. If you fail to comply with any of the Terms, your License is revoked.
YOUR ACCOUNT
If you experience a problem completing an order, please visit Our FAQ section.
You are responsible for maintaining the confidentiality of your account and respective password (collectively, “Login Credentials”) for said account. You are responsible for restricting access to your Login Credentials, and you agree to accept full responsibility for all activities that occur under your Login Credentials, without exception. You further agree to immediately notify SP if you discover any unauthorized use of your Login Credentials (to any degree), or any other breach of security, and ensure that you exit (log out) from your account at the end of each session.
You represent that all information you provide to SP, through SP Services or otherwise, is truthful and accurate. In the event any personal information changes after it is provided to SP, you agree to update your profile/account no later than the next time you access SP’s websites. If you discover incorrect information of any kind was used in connection of an order, you agree to immediately notify SP. Anyone using an account and/or Login Credentials which are and/or were not originally set up in their own name is strictly prohibited. You also agree not to use or share anyone else’s Login Credentials at any time.
All listings on SP are intended for individuals at least 18 years of age. You must be at least 18 years of age to access, create an account, or otherwise use any SP Service, or use any site functionality, including but not limited to, engaging in a dialogue with Us (e.g. SP customer support) and/ or making any purchases on SP or through any SP Service. By using SP Services, you affirm that you are at least 18 years of age. Furthermore, by continuing to use SP Services, you agree that you understand the nature of Our Products and Services and the potential health and other hazards related to the handling and use of said Products and Services. SP reserves the absolute right to refuse Service, terminate accounts, terminate your rights to use SP Services, remove or edit content, and/or cancel orders in Our sole discretion, without forewarning or explanation.
To the full extent permissible by law, without limiting any other provisions of these Terms or Supplemental Terms, you agree to not hold SP liable for any loss or damage arising from your failure to comply with these Terms, and you agree to not hold SP liable for any loss resulting from unauthorized use of your account or Login Credentials, either with or without your knowledge or permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the full extent permissible by law, by continuing to use this site and any SP Services, you agree to not post any content; be it within this site, or on any other platform, including but not limited to social media platforms, that is or could reasonably be perceived as obscene, threatening, defamatory, invasive of privacy, infringing of IP rights (including publicity rights), or otherwise injurious to Us or third parties and/or that are objectionable or consist of or contain software viruses, political lobbying or campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. The use of a false e-mail address, impersonation of any person or entity, or otherwise misleading information as to the origin or accuracy of content is strictly prohibited and will merit immediate cause for review and likely ban. SP reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate any of the Terms herein and will not cause injury to any person or entity; and that you will indemnify SP for all claims related to content you post here or on any other, external, platform, including but not limited to social media platforms.
By posting any content on a SP property, you grant SP a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, or display such content throughout the world in any format on any media We may deem fit. You grant SP and sublicensees and assignees the right to use the name that you submit in connection with such content. In such scenarios, SP will contact you with a message establishing Our intent and purpose for using the name in connection with such content so that you may have an opportunity to object. If you do not respond within thirty (30) business days, you will be deemed to have agreed and consented to SP’s use of such name.
SP has the right but not the obligation to monitor and edit or remove any activity or content. SP takes no responsibility and assumes no liability for any content posted by you or any third party. If you believe you have a valid reason to have any content on Our website removed, please contact Our customer support with a detailed explanation of what it is you wish to have censored, where (if applicable) and why you believe you have the right to do so.
RISK OF LOSS
The risk of loss and title for any purchased items pass to you upon Our delivery to the shipping carrier. All items are packed and shipped safely and in a manner that ensures reasonably safe arrival to your destination. If, for any reason, you feel this to not be the case and there was a mistake anywhere in the manufacturing, fulfillment, or the delivery processes, please contact SP customer support, and We will work with you to resolve the issue if and when possible.
Each case is handled individually. Pictures and/ or video evidence of the package(s) PRIOR TO OR DURING opening will ensure an expeditious resolution.
You may appeal any adverse decision by Us by contacting customer support. Decisions are subject to SP’s sole and absolute discretion.
RETURNS, REFUNDS AND TITLE
We have a 30-day return policy, which means you have 30 calendar days, from date of receipt, to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unopened and unused, and in its original (sealed) packaging. You must also include the original order # so that We may correlate your order with the payment method used for said order.
To initiate a return, you may contact Us at stimpak.rocks@protonmail.com. If your return is accepted, We will send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You may also contact us at the aforementioned eMail address for any reasonable return questions or exchange questions.
DAMAGES AND ISSUES
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you received the wrong item so that We can evaluate the issue and make it right.
EXCEPTIONS/ NON-RETURNABLE ITEMS
Certain types of items cannot be returned, an item which has the “Tamper Evident” seal broken on the original packaging. This is why it is imperative you thoroughly document the re-packing of an authorized return order so that your claim is preserved. Rest assured, any products which We receive (factory sealed) are not re-sold. They are properly disposed of.
UNFORTUNATELY, ANY PRODUCTS SOLD ON “SALE” OR “DISCOUNTED” THROUGH ANY PROMOTIONAL CODE, OR OTHER IS NOT ELIGIBLE FOR A RETURN.
EXCHANGES
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make separate purchase for the new item.
REFUNDS
We will notify you once We have received and inspected your return and let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
SP does not take title to returned items until the item(s) arrive(s) at one of Our fulfillment centers. SP disposes all returned items, regardless of whether they were opened or not due to the respect and quality control standards We have for Our customers and Our Brand.
PRODUCT DESCRIPTIONS
You understand and agree that any information related to, or describing the Products or Services on SP’s website is or may have been sourced from, among other sources, independent third parties such as news agencies, scientific reports, scientific/ research entities. SP does not warrant nor represent that any content published on or through SP and/or SP Services is accurate, complete, reliable, current or error-free, including but not limited to, the description of any Product.
To the full extent not precluded by applicable law, SP disclaims any and all express and implied warranties with respect to all content or Product descriptions. This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose, and non-infringement, including, without limitation, any warranty that Stimpak.rocks or its web host(s) are free of computer viruses or other harmful components.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL PRODUCTS AND SP SERVICES ARE SOLD ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SP DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES ON ANY OF ITS PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES RELATED TO THE OPERATION, RELIABILITY, ACCURACY, COMPLETENESS OF ANY INFORMATION PERTAINING TO SP OR ANY SP SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE), OR OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SP SERVICES. MORE SIMPLY SAID: SP AND SP SERVICES ARE A SECOND-HAND INFORMATION AND PRODUCT SOURCE. WE DO NOT AND WILL NOT CONVEY CONTENT INTENDED TO PROVIDE SPECIFIC ADVICE FOR YOU OR ANYONE ELSE. YOU SHOULD NOT ACT OR RELY ON ANYTHING ON SP’S WEBSITE WITHOUT SEEKING THE ADVICE OF A PROFESSIONAL. YOU EXPRESSLY ASSUME THE SOLE RISK ASSOCIATED WITH THE USE OF ANY SP SERVICE OR PRODUCT.
ANY MARKETING MATERIAL RELATED TO US OR OUR PRODUCTS IS STRICTLY INTENDED FOR ENTERTAINMENT PURPOSES ONLY.
IN ADDITION TO THE AFOREMENTIONED (DISCLAIMERS), TO THE FULL EXTENT PERMISSIBLE BY LAW, SP WILL NOT BE LIABLE, AND YOU AGREE TO NOT HOLD SP LIABLE, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE (OR MISUSE) OF ANY SP PRODUCT OR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY SP OR THROUGH ANY SP SERVICE, INCLUDING, BUT NOT LIMITED TO, THEORETICAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/ OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA , USE, GOODWILL OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU AGREE TO INDEMNIFY AND HOLD SP AND SP SERVICES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY IN CONNECTION WITH YOUR USE (OR MISUSE) OF THE CONTENT OR SERVICES OFFERED ON OR THROUGH SP AND/OR SP SERVICES, OR ANY CONTENT YOU SUBMIT, POST OR TRANSMIT THROUGH SP SERVICES, YOUR USE OF SP SERVICES, YOUR CONNECTION TO SP SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
PRICING
Price and availability of Our content and Products, as well as other content contained on SP, through any SP Service, or accessible therefrom, is subject to change without notice.
With respect to items sold on SP or through any SP Service, We cannot confirm the price of an item until you complete your order. Despite Our best efforts, a small number of the items on Our site may be mispriced. If the correct price of an item sold by a SP Service is higher than Our stated price, We will, at Our discretion, either contact you for instructions on how the discrepancy can be remedied prior to shipping, or cancel your order and notify you of such cancellation.
OTHER BUSINESSES
In certain situations, We may provide links to the websites of affiliated (or non-affiliated) companies and certain other businesses which may operate stores, provide services or software, or sell product lines similar to those on SP. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, and not from SP. We are not responsible for examining or evaluating any product or services offered by such third parties, and We do not warrant, neither expressly nor impliedly, the offerings of any of these businesses or individuals (including the content of their web sites). SP does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
DISPUTES
You agree that any claim related to your use of any SP Products or Services shall be brought and resolved solely through binding arbitration. You further agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
APPLICABLE/GOVERNING LAW
By using any SP Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the interpretation and application of these Terms and any other applicable terms, and the resolution of any disputes arising out of such terms. If you or your respective directors, officers, employees, consultants, agents or affiliates are requested or required by legal process to disclose any information of SP and/or any SP Service, you represent and warrant that you will give Us prompt notice so that We may seek a protective order or other appropriate relief. If a protective order or other relief is not obtained in a reasonable period of time, you agree to then disclose only the portion of information which Our counsel advises us as being legally required to disclose.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Each Term herein shall be considered separately, individually, and independently such that, in the event any individual Term should be held illegal, invalid, or unenforceable, all of the other Terms shall remain in full force and effect as if the illegal, invalid, or unenforceable Term were not included as part of these Terms, provided however, that whenever possible, the illegal, invalid, or unenforceable Terms shall be deemed modified and effective to the extent it may thereby be made legal, valid, ad enforceable.