Terms and Conditions

PLEASE READ THESE TERMS OF USE BEFORE USING OUR WEBSITE.

By accessing or using this website on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Clayer may change these Terms of Use at any time, and the changes will be effective when they are posted. Your use of the this website  shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this our website.

THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE

The content on this website, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. Reliance on any information provided herein is solely at your own risk.

PHYSICAL ACTIVITY NOTICE

Clayer may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Clayer is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, of this website. Reliance on any information provided herein is solely at your own risk.

INTELLECTUAL PROPERTY

All intellectual property on this website is owned by Clayer, which includes materials protected by copyright, or trademark.

PRODUCT ORDERS

All orders placed through this website is under Clayer’s acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Clayer will issue you a refund. Clayer attempts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific time frame due to the nature of the shipping and fulfillment industry.

ELIGIBILITY AND REGISTRATION

To become a member of the Clayer platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

LINKS

This website may contain links to other websites, applications or other products or services operated by other companies (“Third Party Platforms”). Clayer does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Clayer is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clayer, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Clayer is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Clayer is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

Clayer is not responsible or liable for any User Generated Content or other Content posted on this website or for any offensive, unlawful or objectionable content you may encounter on or through the website. To the fullest extent permitted by law, Clayer disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement. Clayer cannot guarantee and does not promise any specific results from use of its website.

LIMITATION OF LIABILITY

CLAYER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF CLAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST CLAYER FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF CLAYER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, CLAYER’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW; JURISDICTION; DISPUTES

This Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in San Diego County, California in any such legal action or proceeding.

You agree that all disputes, actions, and claims relating to you access to or use of the Website and all matters arising out of or related to these Terms of Use (except for legal action taken to seek an injunction or other equitable relief related to the Website or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively “Dispute”) will be governed by the Federal Arbitration Act (FAA), federal arbitration law, and laws of the State of California, without regard to choice of law principles.

Dispute is sent. After 60 days, you or Clayer may commence arbitration. You are not required to wait 60 days to file a small claims action.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

YOUR RESPONSIBILITY DURING A CLAIM

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms of Use and you will allow us to handle any such claim.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

Clayer reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. Clayer also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 

This website is not designed to, and does not, provide medical advice. All content (“content”), including text, graphics, images and information available on or through this website are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.