TERMS OF SERVICE
and CONDITIONS OF USE

 

Anodyne Systems, LLC (“ASL”), is pleased to provide our website (https://www.anodynesystems.net/) (the “Site”) as a service to our customers.  Please review the following Terms of Service which apply to your use of the Site (this “Agreement”). 

 

THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.  

 

BY MAKING USE OF THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, OUR TERMS OF SALE, OUR PRIVACY POLICY, AND ANY AND ALL WARNINGS, DISCLOSURES AND DISCLAIMERS PROVIDED ANYWHERE, AND ANY WRITTEN AGREEMENT(S) EXECUTED AND IN EFFECT IN CONNECTION WITH ANY OF OUR PRODUCTS OR SERVICES.

 

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT.  WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE.  FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. 

 

1. Right to Change Site

 

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice and/or offer opportunities to some or all users of the Site, for any reason.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.  

 

2. Site Content

 

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by ASL. 

 

The Site and the Content are intended solely for private, non-public, personal, non-commercial archival use only.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site. 

 

Unless otherwise specified, the Site and the Content are intended to promote our products and services available in the United States to adults over the age of eighteen (18). 

 

3. Registration

 

In order to access certain portions of the Site, you may be required to register with ASL.  In doing so, you agree to provide and maintain true, accurate, and complete information about yourself.  If you are under 18 years of age, you may not use or register to use the Site. 

 

You are solely responsible for all use of the Site under your account information and for maintaining the confidentiality of your account information.  You agree not to hold ASL liable for any damages of any kind resulting from your disclosure of your account information to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor.  If you inform ASL, or ASL has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Site or require that your account information be changed. 

 

You agree to: (i) promptly notify ASL of any actual or suspected unauthorized use of the Site, and (ii) ensure that you exit from your account at the end of each session.  

 

4. Errors, Inaccuracies, and Omissions

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). 

 

5. User Content

 

ASL is pleased to hear from our customers and welcomes your comments regarding our products and services.  However, if you send data, questions, comments, suggestions or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that ASL may, at any time, without restriction, use, edit, copy, publish, distribute, translate, create and own derivative works, and otherwise exploit in any medium, any User Content that you forward to ASL.  ASL is and shall be under no obligation: 

 

(a) to maintain any User Content in confidence;

 

(b) to pay compensation for any User Content; or

 

(c) to respond to any User Content. 

 

ASL has the right but not the obligation to monitor and edit or remove any User Content.  You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.  You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the ASL or third parties as to the origin of any User Content.  You are solely responsible for any User Content you make and its accuracy. ASL takes no responsibility and assumes no liability for any User Content posted by you or any third party. 

 

6. Personal Information Submitted Through the Site

 

Your submission of personal information through the Site is governed by our Privacy Policy, which can be found at https://www.anodynesystems.net/privacy-policy.  This Agreement incorporates by reference the terms and conditions of the Privacy Policy. 

 

Notice

 

ASL and/or its affiliates may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ASL.  In addition, if you provide your residential or cellular telephone number to ASL without any limitation, you acknowledge, agree and consent that ASL or its affiliates and vendors may contact you regarding products and services by automated means, which may include the use of an automatic telephone dialing system, SMS, and/or autodialer.  Your consent is not a condition of purchase. 

 

7. Site Transactions

 

All purchases through the Site or other transactions for the sale of goods formed through the Site or resulting from visits made by you are governed by our Terms of Sale which are hereby incorporated into this Agreement and set forth the basis and manner in which ASL will offer refunds and exchanges. 

 

8. Online Conduct

 

The Site is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or disabling or defacing any portion of the Site. 

 

If ASL is notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, ASL may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Site.  ASL may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of ASL, its users or third party service providers. 

 

ASL reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users or ASL; any rights of ASL or any third party; or to violate any applicable law.  Notwithstanding the foregoing, neither ASL nor its providers can ensure prompt removal of questionable content after online posting.  Accordingly, neither ASL nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site. 

 

ASL may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that ASL, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or ASL. 

 

9. Prohibited Material

 

You may not post or transmit through the Site: advertising or commercial solicitations; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content; or posts that express or imply that any statements you make are endorsed by ASL.  Additionally, you may not harvest or collect information about Site visitors without their express consent.

 

10. Monitoring

 

ASL or its representatives have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement.  We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive.  This same discretion applies to our right of disclosure of any material submitted to the Site and circumstances surrounding its submission to any third party in order to operate the Site properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests. 

 

11. Consent to Electronic Communications and Opting Out

 

You consent to the receipt of electronic mail from ASL. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us.  We reserve the right, however, to email you important information relating to your account or orders. 

 

12. Copyright Complaints

 

ASL respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the ASL copyright agent the written information specified below: 

 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

The ASL DMCA Registered Agent for notice of claims of copyright infringement on the Site can be reached as follows:  

 

Anodyne Systems, LLC

ATTN: Copyright Agent

1888 Main St. PMB #122

MADISON, MS, 39110

Email: support@anodynesystems.net

Phone: (601) 778-8632

 

13. Third Party Sites

 

The Site may contain links to other websites. If you link to another website, you will leave the Site and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites. 

 

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. 

 

14. Indemnification

 

You agree to defend, indemnify, and hold harmless ASL, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Site.  We may participate in the defense of any claim.  You shall not settle any claim that affects ASL without our prior written approval of an authorized representative of ASL. 

 

15. Disclaimer

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ASL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.  

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. 

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASL, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE SITE. 

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT ASL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ASL SHALL CREATE ANY WARRANTY ON BEHALF OF ASL IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

 

TO THE EXTENT APPLICABLE, NOTHING SET FORTH IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

 

16. Limitation of Liability

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ASL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL ASL BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, IF ANY.

 

Nothing in the Agreement removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence.  Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

 

17. Severability

 

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 

 

18. Applicable Law

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of Mississippi, the principal place of business of ASL, without giving effect to any conflicts of laws principles.  You agree to bring any claims against ASL exclusively in the courts of Madison County in the State of Mississippi. 

 

19. Class Action Waiver

 

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ASL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ASL agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

20. Contact us

 

If you have any questions concerning the Site or this Agreement, please contact us using the information below.

 

Anodyne Systems, LLC

1888 Main St. PMB #122

Madison, MS 39110

 

Email: support@anodynesystems.net