ACAE, as a convenience to you, grants you (“you“, “your“) access to its websites, accessible via acae.life or any website owned or controlled by ACAE, including its subdomains (collectively, the “Website“), and use of its applications (hereinafter referred to as the “Apps“) (together the “Site“), conditioned on your acceptance of these terms, conditions, and notices contained herein (the “Terms“) (together with, our Privacy Policy, Return Policies, and, if applicable, the Cookie Policy, and any other documents referred to herein).

For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Site that are not Unsolicited Submission (as that term is defined in Section 7 below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

PLEASE BE AWARE THAT SECTION 16 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND ACAE. AMONG OTHER THINGS, SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16 ALSO CONTAINS CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 16 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Acceptance of these Terms

   PLEASE READ THESE TERMS AND ACAE’S PRIVACY POLICY (“Privacy Policy“) CAREFULLY BEFORE USING THE PLATFORM.

   BY CREATING AN ACCOUNT, ACCESSING OR USING THE SITE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITE AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THE ACAE PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

   ACAE MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE SITE OR BY SENDING ACCOUNT HOLDER USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE SITE. BY CONTINUING TO USE OR ACCESS THE SITE, YOU ARE AGREEING TO THE REVISED TERMS.

   These Terms do not alter in any way the terms or conditions of any other agreement You may have with ACAE or its affiliates for other products or services.

2. Privacy Policy.

   We respect your right to privacy at ACAE! It’s important to us that you know how we collect and use your personal information, and that you know that your personal information will only be used in compliance with our Privacy Policy, which is incorporated into these Terms by this reference. For further information regarding ACAE’s processing of your personal information, please refer to our Privacy Policy, available at https://acae.life/legal-stuff/privacy-policy/.

3. Change and Supplement to These Terms.

   These Terms may be revised at our sole discretion at any time and from time to time by updating them here. You are expected to check this page from time to time to take notice of any changes ACAE has made, as they are binding on you. The Terms were updated as of November 9, 2023, and will be in effect no later than December 20, 2023, solely to the extent you live in a jurisdiction that requires advance notice. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Site.

4. Authorized Use

   The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.

   The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms.

   You acknowledge and agree that ACAE, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site.

   As a condition of your use of the Site, you agree not to use the Site for any unlawful purposes and in compliance with these Terms. No right, title, or interest in or to the Site or any content thereof is transferred to you, and all rights not expressly granted are reserved by ACAE. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition, when providing User Generated Content (as described in Section 8) or otherwise using or Website, Apps and/or using our services, you agree not to without limitation:

   • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms, without ACAE’s express prior written consent.
   • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
   • Use the Site in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate ACAE or anyone else; display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community.
   • Use the Site to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
   • Restrict or inhibit any other person from using the Site.
   • Use the Site to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Site about anyone without their express permission.
   • Remove any copyright, trademark, or other proprietary rights notice from the Site.
   • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain ACAE’s express prior written consent to do so.
   • Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Site or interfere with anyone else’s use of the Site.
   • Engage in any other conduct that affects anyone else’s use or enjoyment of the Site or that, as determined by us, may harm ACAE.
   • Systematically download and store any content of the Site.
   • Use any robot, spider, or other automatic or manual device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; modify, adapt, translate, or reverse engineer any portion of the Site.
   • Use any device, software, or routine that interferes with the proper working of the Site. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
   • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, including any server on which the Site are stored, or any server, computer, or database connected to the Site.
   • Cause attacks to the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.
   • Cause injury to any person or entity.
   • Use the Site or ACAE’s name, logo, or brand to send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation or use any meta tags or other hidden text or metadata utilizing a ACAE trademark, logo, URL, or product name without ACAE’s written consent.
   • Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

   ACAE will have the discretionary right, but not the obligation, to monitor, evaluate, and analyze user content, and any use of and access to the Site, including to determine compliance with these Terms and any other operating rules that may be established by ACAE from time to time. ACAE will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through, the Site, for any reason. Despite the right described above, you are solely responsible for any content you make available, and you agree to indemnify ACAE for all claims resulting from any content you make available.

   Any unauthorized use of the Site will terminate the permission or license granted by these Terms, will result in you being barred from using the Site, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

5. User Account

   If you purchase products or services using the Site, you may be prompted to establish an account with ACAE, and if you wish, you can choose to do so. You are solely responsible for (i) ensuring the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) maintaining the current email address listed on your account. You are solely accountable and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password. You agree to immediately notify ACAE of any unauthorized use of your password or account or any other breach of security by using the form at this link:  https://acae.life/contact/ We retain the right to disable any account or password at our discretion, for any reason.

   You certify that any information you provide on or through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. ACAE is not responsible for any losses arising out of the unauthorized use of your account. You agree that ACAE does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that ACAE is not a party to any such agreement, nor is ACAE responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the ACAE Site or any portion of the Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

   You acknowledge and agree that ACAE may, in alignment with our Privacy Policy, and to the extent allowed by applicable law, access, preserve, and disclose your account information, all submissions, all communications to and from you, all data related to your use of the Platform, and all information relating to the use of the Site under your account or account password. This may be necessary if ACAE is compelled by legal mandates, or if ACAE determines that such actions are crucial to safeguard the rights of ACAE, third parties, and other users of the Site, or in order to respond to your customer service inquiries.

6. Intellectual Property Rights.

   All Content and aspects of the Site, as well as the selection and arrangement thereof, including, without limitation, any, works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, trade dress, features, or functionality, and other intellectual property, and any merchandise information, product descriptions, reviews, comments, messages, communications, feedback, and other information, data, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) (collectively, “Materials“) that ACAE makes available on or through the Site are owned or controlled by or licensed to ACAE, its licensors, or other providers of such Materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

   Any such Materials are licensed (not sold) to end users subject to your compliance with these Terms, and solely for so long as you are permitted by ACAE to use the Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (i) retain all copyright, trademark, or other proprietary designations contained on the Materials; (ii) do not modify or alter the Materials in any way; and (iii) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Site or any Materials is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Website or Apps.

   ACAE.life, ACAE, and all related names, logos, product and service names, designs, and slogans are trademarks of ACAE or its affiliates or licensors. You must not use such marks without the prior written permission of ACAE, and ACAE reserves all rights. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

   In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of ACAE or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ACAE.

   ACAE reserve all copyright and other intellectual property rights associated with the images and moving image material on the Site and will not tolerate any infringement of their rights or any loss of or damage to their goodwill caused by such infringement. Legal proceedings will be commenced without further notice in the event of any infringement of intellectual property rights vested in ACAE.

7. Copyright and Trademark Infringements.

   We respect the intellectual property of others and ask that you do the same. If you believe that your work has been copied and is appears on our Site in a way that constitutes infringement, please provide ACAE’s designated agent the information described by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”), and described in our Intellectual Property Compliance & Reporting Procedure.

8. User Generated Content.

   1. The Site may provide you with the ability to create, post, upload, display, publish, transmit, broadcast, share, or otherwise make available content, including messages, text, illustrations, files, images, graphics, photographs, ratings, reviews, questions, products, listings, descriptions and images of goods or services, resources or other information or materials (together, “User Generated Content“). This content may be accessible and viewable by the public. Whether on ACAE’s Website, Apps or affiliated platforms. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any User Generated Content provided by you in connection with the Site is provided on a non-proprietary and non-confidential basis.
   2. In addition, to the extent any User Generated contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights“), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to ACAE a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of ACAE’s products and services (in any media, whether now known or not currently known or invented). The User Generated Content provided to us shall be considered non-confidential and ACAE is under no obligation to treat such User Generated Content as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information.
   3. You understand and agree that you are solely responsible for any User Content you provide. ACAE assumes no responsibility for any content posted by you or any third party. You shall not post any content that: (i) is defamatory, abusive, obscene, profane, or pornographic; (ii) violates or infringes upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; (iii) is false, misleading, or inaccurate; (iv) promotes hatred, discrimination, or violence against any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age; or (v) is harmful to minors in any way. As a provider of interactive services, ACAE is only a forum and is not liable for any statements, representations, or User Generated Content provided by its users in any public forum or personal home page.
   4. We are under no obligation to screen, edit or monitor any User Generated Content and assume no responsibility or liability relating to any such User Generated Content. However, we may delete or remove User Generated Content, with or without notice, at any time and for any reason.
   5. SUBJECT TO THE LICENSE GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR USER GENERATED CONTENT. Though you retain ownership of any copyright or other intellectual property rights in your User Generated Content, by providing it, you agree that ACAE is free to use such User Generated Content for the purpose of providing you and others with use of the Site and their functionality and providing you with the associated products and services, and, unless the rights in such User Generated Content are assigned to ACAE under these Terms, you grant ACAE a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License“) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the User Generated Content without the need for further notice, attribution, or compensation, unless otherwise mandated by law. Furthermore, if there are any intellectual property or moral rights or similar rights in your content, you’re consenting not to enforce them against ACAE.
   6. Should ACAE ever grant you permission to use its Content or copyrighted materials in your User Generated Content, it will be conditional upon your assignment of all rights in the resulting work to ACAE. If such rights are not assigned to us, your license to use ACAE’s copyrighted material is voided.
   7. ACAE reserves the right to monitor, modify, or remove User Generated Content at its discretion. Non-compliance with our terms may result in account termination or removal of content without prior notification. It should be noted that ACAE does not necessarily endorse the opinions or content submitted by users.

9. Reliance on Information Available on the Site.

   The Site may make available listings, descriptions, and images of goods and services (collectively, “Products“). Such Products may be made available by us or by third parties. We do our best to ensure that information on the Site is complete and accurate but you acknowledge and agree that we do not warrant the accuracy, completeness, or usefulness of any information made available through the Site. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.

   ACAE is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any ACAE’s licensors, suppliers, business partners, or other third parties to whose Site we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Site, including the product description, country of origin, sizes, and other information. Always read labels, warnings, directions, and other information provided with the product before using it. For additional information about a product, please contact the manufacturer.

   All products are intended for sale to adults, including without limitation any Products that could, without our knowledge or consent, be used by children such as plush animals. ACAE has no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Certain images, videos, texts, designs, and other Products are intended for “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

10. Third Party Links.

    You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part nor does it incur any obligation, responsibility, or liability on the part of ACAE, any of its successors and assigns, and any of its officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, unless otherwise expressly stated by us. We do not verify, endorse, or have any responsibility for any such third-party Site, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our logos or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. You agree that, to the fullest extent permissible pursuant to applicable law, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party service providers and advertisers on the Site.

    You may choose to provide us with comments, reviews, ideas, suggestions or feedback from time to time regarding the Site. You agree that ACAE will own, and you hereby assign to ACAE your intellectual property rights in and to any and all comments, ideas, reviews, ideas and feedback and that ACAE will be free to use, disclose, reproduce, license, distribute, and exploit them provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

11. Unsolicited Idea Submission.

    ACAE does not accept unauthorized creative idea submissions (including without limitation; product design, drawing, products or graphic) other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to prevent potential confusion should your ideas resemble those we’ve already created or are in the process of creating independently.

    Any such ideas disclosed to ACAE are not confidential and ACAE may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including creative ideas, product design, drawing, graphic, template, or graphic, testimonials, reviews, comments, or suggestions (collectively, “Unsolicited Submission“), is received and treated by us on a non-confidential and unrestricted basis. If despite this policy, you provide ACAE with any Unsolicited Submission, you hereby grant ACAE a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Unsolicited Submission for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that ACAE is not required to make any use of any Unsolicited Submission that you provide. You agree that if ACAE makes use of your Unsolicited Submission, ACAE is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Unsolicited Submission that you provide to ACAE to grant ACAE and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.

12. Unavailability of the Site and Termination.

    We reserve the right to withdraw or modify the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to discontinue, suspend, deny or terminate your access to the Site at any time, without notice, for any reason and without any obligation to you or any third party if we have reasonable grounds to believe that any information that you provide or have provided is false, inaccurate, or otherwise violates these Terms. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.

    Without limiting the foregoing, ACAE reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

13. DISCLAIMER AND WARRANTIES.

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    THE WEBSITE, APPS, USER GENERATED CONTENT, AND ANY PRODUCTS OR CONTENTS, INCLUDING LINKS, SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY ACAE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACAE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THIS SECTION 13 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY ACAE TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE Site MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ACAE ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

    IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. ACAE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACAE RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, ACAE MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, ACAE WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

    AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO ACAE THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

    Nothing in these Terms shall affect your legal rights under applicable consumer laws.

14. LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT, IN NO EVENT WILL ACAE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF ACAE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ACAE WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER ACAE NOR ACAE AFFILIATES WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SUPPLIER, VENDORS, (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE ACAE WEBSITE AND APPS.

15. Indemnification.

    You agree to defend (at ACAE’s option), indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of the Site or breach of these Terms. ACAE reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with ACAE if and as requested by ACAE in the defense and settlement of any such matter.

16. Dispute Resolution and Arbitration.

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and ACAE will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the below arbitration provision.

    1. Informal Dispute Resolution. As an initial matter, in an effort to avoid the high stress and important cost associated to legal disputes both you and ACAE agree that any controversy, claim, action, or dispute in any way related to your use of the Site, any purchase from ACAE, or to any products or services sold or distributed by ACAE (“Dispute”) will be resolved by this dispute resolution procedure and Arbitration Agreement below. Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to ACAE at: ACAE Legal Department, 932 E. 12TH St., Los Angeles, CA 90021, Attn: General Counsel, or to you at: your last shipping address and/or the last address you have otherwise provided to us. Both you and ACAE agree that this informal dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
    2. Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration as described in this section. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ACAE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT ACAE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
    3. Right to Bring Small Claims in Court. Instead of arbitration, either you or ACAE may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

17. California Prop 65.

    ACAE makes this warning as a result of the Safe Drinking Water and Toxic Enforcement Act of 1986, Prop 65, which requires businesses to inform citizens in California about exposures to certain chemicals. For additional information regarding Prop 65, please refer to https://acae.life/legal-stuff/californias-prop-65/.

    WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

18. Electronic Communications.

    When you create an Account with us and provide your email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Site, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY, POSTED ON THE SITE, AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US. These communications may include notices about your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and your relationship with us. You represent that you are the Account holder for the mobile telephone number(s) that You provide. If you change your mobile telephone number(s), you will notify us immediately by updating your number on the Site. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in these Terms satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

    We may use automated or manual means to deliver text messages to you if you have a U.S. phone number. Text messages providing you information about marketing reminders, cart reminders, selling tips, ACAE’s events, promotions, product launches and marketing messages related to ACAE’s products and services are sent through our marketing program. You may opt out of these communications at any time by following the opt out information provided within the communications or on our Site. Consent to receive marketing text messages and other electronic communications is not required to purchase any products or services. You agree that ACAE may use and/or disclose contact information consistent with ACAE’s Privacy Policy.

19. Applicable. Law.

    These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

20. Entire Agreement; Waiver and Survival.

    These Terms govern our relationship with you as it relates to the Site. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 20 is subject to the provisions of Section 13 and 14 of this Terms.

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.