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TERMS OF USE
Legal Information & Notices
Deltrium, LLC
Terms of Use
Legal Information & Notices
OWNERSHIP OF WEBSITE & AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to the Deltrium, LLC website located at www.deltrium.com, and all associated sites linked to by Deltrium, LLC, its subsidiaries and affiliates (collectively “Deltrium,” the “Company,” “we,” “us,” and “our”), including Deltrium sites around the world (collectively, the “Site”). The Site is the exclusive property of Deltrium, LLC.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OTHER NOTICES REFERENCED IN THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms of Use apply to all users of the Site including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Use govern the Site and all information, tools, products and services (collectively, the “Products or Services”) to the extent not covered by a more specific agreement signed by you and Deltrium, LLC senior management. Deltrium reserves the right, at its sole discretion and at any time, to change, modify, add or remove portions of these Terms of Use. Continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
PURCHASES
We sell our products (“Products”) through our online e-commerce store and through “brick & mortar” retail locations. To purchase any Products through the Site, you must be at least 21 years of age, provide us with current, complete and valid payment information associated with a credit card or other payment method that you are authorized to use, and authorize us to charge your credit card or other payment method for the price of the Products or Services that you request, together with any taxes, fees, or shipping charges described on the Services.
You also agree to promptly update your account and other information, including your email address and credit card or other payment method and associated expiration dates, so that we can complete your transactions and contact you as needed.
PERSONAL USE ONLY
All orders of our Products must be for personal use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third-party online marketplace, store or digital platform is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or if we have reason to believe that your order is not for personal use.
NO PROFESSIONAL REPRESENTATION OR MEDICAL ADVICE
While we attempt to be accurate in offering descriptions on the Products and Services, we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any Product will diagnose, treat, cure, or prevent any disease. The Products or Services provided through this Site do not provide medical advice, diagnosis or treatment, and the information included in the Products or Services is offered for informational purposes only.
Although we provide information about our Products and Services, our employees or any third parties we may be affiliated with, are not authorized to provide medical or other professional advice at any time or for any reason. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Our products are not intended to diagnose, treat, cure or prevent any disease and none of the statements made that are associated with the Products or Services have been evaluated by the Food and Drug Administration.
PROHIBITED USES
We reserve the right to terminate your use of our Site, Products or Services for violating any of the prohibited uses. You are prohibited from using the Site or its content for reasons listed below:
- For any unlawful or unauthorized purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate international, federal, provincial, state or local regulations, rules, laws, or ordinances.
- To infringe upon or violate our intellectual property rights.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used to impact the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the site or any related website, other websites, or the Internet.
REGISTRATION & ACCESS RESTRICTIONS
You may be required to register for an account with us to use certain features of the Site. If you elect to take advantage of such features, you must register by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is optional, but if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
You agree to provide accurate, current and complete information about yourself when we request it, to use only access credentials that we have issued to you, and you are solely responsible for maintaining the confidentiality of any access credentials that we issue to you. You must notify us immediately of any unauthorized use of your credentials or any other breach of security.
INTELLECTUAL PROPERTY
Software: You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights or property of Deltrium through the use of the Site, Products or Services.
Name & Logos: DELTRIUMTM, DOSE DIFFERENTTM, DELTRIUM. ONLY DELTRIUMTM, and the Deltrium logo are trademarks and/or service marks of Deltrium, LLC (collectively the “Deltrium Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Deltrium. Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Deltrium Trademarks or third-party trademarks displayed, without prior written permission in each instance as applicable. Goodwill generated from the use of Deltrium Trademarks is intended to inure exclusively to Deltrium’s benefit.
Material on the Site: Except when otherwise noted, all material and content on the Site and any variations of them are copyrighted by Deltrium. No part of the materials and content on the Site, including but not limited to, the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without the express prior written permission of Deltrium senior management.
Third-Party Material: The Site Services may include or incorporate third party material. These third parties are not under Deltrium’s control. Under no circumstances will Deltrium, its directors, shareholders, officers, employees, affiliates and assigns be liable in any way for any materials or content of any third parties, including, but not limited to, any errors or omissions in any material or content, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material or content on or through the site/Services. You bear the sole responsibility and all risks associated with the use of any third-party material or content, including any reliance on the accuracy, completeness, or usefulness of such material or content.
DISCLAIMER OF WARRANTIES
USE OF ANY PORTION OF THE PRODUCTS OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DELTRIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
DELTRIUM MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR WILL PROVIDE ACCURATE OR RELIABLE RESULTS.
LIMITATION OF LIABILITY
In no event will Deltrium, its affiliates, or any of their respective partners, officers, directors, shareholders, agents, contractors, licensors, services providers, subcontractors, suppliers and employees be liable to you for any claim related in any way to your use of Deltrium Products or Services, or any damages, including without limitation, any special, indirect, incidental, consequential, or punitive damages, whether based in contract, tort, strict liability or otherwise that may result from the Site, its Products or Services.
INDEMNITY
You agree to indemnify, defend and hold harmless Deltrium and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with your use of the Site or your violation of any law or the rights of a third-party.
DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services will be resolved exclusively by final and binding arbitration in accordance with the terms of our arbitration agreement, found below. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
GOVERNING LAW
Subject to the Arbitration Agreement provisions, these Terms of Use shall be governed by the laws of the United States and construed in accordance with the laws of the State of North Carolina, without regard to any conflicts of law provisions. To the extent that your agreement to arbitrate is not deemed to apply, you expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of North Carolina to adjudicate and resolve any dispute with Deltrium, its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders and any other service providers regarding any dispute, claim or controversy arising out of or relating in any way to the Site, these Terms of Use, the Products or the Services. You agree to the personal jurisdiction, and venue, in the state and federal courts in Wake County, North Carolina, and you hereby irrevocably waive your right to a jury trial or to claim that the State of North Carolina is an inconvenient forum to hear claims and disputes.
VOID IF PROHIBITED BY LAW
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Deltrium reserves the right to limit, at its sole discretion, the provision and quantity of any feature of the Site, Product or Service to any person or geographic area. Any offer for any feature of the Site, Product or Service made on the Site is void where prohibited by law.
SEVERABILITY
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited, eliminated or severed from these Terms of Use and replaced with a valid provision that best embodies the intent of these Terms of Use, and the other provisions of these Terms of Use shall continue to remain valid and enforceable.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and Deltrium and govern your use of the Site or in regard to the Products or Services, and any and all other written or oral agreements or understandings previously existing between you and Deltrium with respect to such use of the Site or in regard to the Products or Services (including, but not limited to, any prior versions of these Terms of Service) are hereby superseded and canceled.
CONTACT US
Information in this site is subject to change without notice and any feedback you provide will be deemed to be non-confidential. Deltrium shall be free to use such information on an unrestricted basis. If you have any questions or comments about these Terms of Use or the site, please contact us:
Deltrium, LLC
964 High House Road, Suite 3016
Cary, NC 27513
Ph. 844-540-1112
customerservice@deltrium.com
Copyright 2023, Deltrium, LLC. All rights reserved.
Last Update: October 1, 2023
DELTRIUM, LLC
WEBSITE ARBITRATION AGREEMENT
TERMS AND CONDITIONS
THESE ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) TERMS AND CONDITIONS (“ARBITRATION TERMS”) APPLY TO THE DELTRIUM WEBSITE LOCATED AT WWW.DELTRIUM.COM, AND ALL ASSOCIATED SITES LINKED TO WWW.DELTRIUM.COM, BY DELTRIUM, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “SITE”). THIS SITE IS THE PROPERTY OF DELTRIUM. LLC (“DELTRIUM”) AND ITS LICENSORS. BY USING THE SITE, YOU AGREE TO THESE ARBITRATION TERMS AND ANY OTHER DELTRIUM TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
DELTRIUM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE ARBITRATION TERMS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
THIS ARBITRATION AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
DISPUTE RESOLUTION
PLEASE READ THESE ARBITRATION TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
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 THESE TERMS AS A COURT WOULD.
Except as provided in subsection below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, the Shipping & Returns Policy, our relationship, or your use or attempted use of the Site or any Product or Service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.
The following terms shall apply. You, Deltrium (or any of its affiliates), or any involved third party may pursue a claim. Deltrium agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Deltrium (or any of its affiliates). By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration.
These Arbitration Terms sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
REQUIRED PRE-DISPUTE PROCEDURES
Each party acknowledges and agrees that before initiating any claim against the other, to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to: support@deltrium.com. Deltrium will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Deltrium, or its designated representative(s) or affiliate(s) in good faith about your problem or dispute.
If for some reason the dispute is not resolved within 90 days after receipt of the written description of the dispute, each party agrees to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this Arbitration Agreement, each party will have the right to seek injunctive or other equitable relief in state or federal court located in North Carolina to enforce these Terms or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in the subsections below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
COMMENCING ARBITRATION
You and Deltrium hereby agree to commence any arbitration proceeding within one (1) year after the claim arises, including the required pre-dispute procedures set forth above, and that any arbitration proceeding commenced after one-year shall be forever barred.
ARBITRATION LOCATION
If the amount in controversy is $1,000 or less, then the arbitration may be conducted by telephone, teleconference or by written submissions. Otherwise, the arbitration shall be conducted in North Carolina unless Deltrium otherwise agrees to arbitrate in another forum.
ORGANIZATION, RULES, AND THE ARBITRATOR
We each agree that all claims other than those exempted under subsections below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time-period set forth in subsection above.
The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.
The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Returns Policy, and these Arbitration Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this Arbitration Agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce these Arbitration Terms against you or Deltrium.
FEES
In all respects, the parties shall each pay their own fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. Should either party file an action contrary to these Arbitration Terms, the other party may recover reasonable attorney’s fees and costs.
GOVERNING LAW AND AWARD
The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
ENFORCIBILITY
These Arbitration Terms survive termination of your account or relationship with Deltrium’s or any of its affiliates’ bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire Arbitration Agreement shall be rendered null and void and shall not apply. If a portion of these Arbitration Terms (other than the class action waiver) is deemed unenforceable, the remaining portions of these Arbitration Terms shall remain in full force and effect.
MISCELLANEOUS
Failure or any delay in enforcing these Arbitration Terms in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the one-year limitation period set forth above. These Arbitration Terms constitute the entire Arbitration Agreement between you and Deltrium and shall not be modified except in writing by Deltrium or its affiliates.
EXCEPTIONS
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Deltrium or any of its affiliates each retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Deltrium will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in North Carolina:
- Any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party.
- An action by Deltrium or any of its affiliates for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement.
In addition, you expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection:
- In any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by other subsections, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in North Carolina and forever waive any challenge to said courts’ jurisdiction and venue.
AMENDMENTS
Deltrium, or any of its affiliates, reserves the right to amend these Arbitration Terms at any time. Your continued use of the Site, purchase of any product or services on or through the Site, or use or attempted use of an Deltrium product or service, is affirmation of your consent to such changes. Your continued use of the Site, purchase or use of any products or services on or through the Site or use or attempted use of an Deltrium product or service, is affirmation of your consent to such changes regardless of whether such changes are considered material.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION TERMS AT THE TIME THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@DELTRIUM.COM.
FOR THE OPT-OUT TO BE EFFECTIVE, YOU MUST IMMEDIATELY SUBMIT A SIGNED NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF YOU FAIL TO IMMEDIATELY NOTIFY US OF YOUR DECISION TO OPT-OUT OF THESE ARBITRATION TERMS, YOU ARE NOT ELIGIBLE TO OPT OUT OF THESE ARBITRATION TERMS AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS ARBITRATION AGREEMENT.
Last Update: October 1, 2023
