Terms and Conditions – Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS”) BEFORE PLACING AN ORDER ONLINE OR OTHERWISE USING THIS WEBSITE OR ANY OTHER SPAQTACULAR WEBSITES. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPAQTACULAR.

These websites located at www.spaqtacular.com and www.aq18.com, including any features, content, or other materials provided via these websites (the “Websites”) are owned and operated by Vort8x, Inc. and its affiliates (collectively “spAQtacular”, “AQ18”, “we”, “us,” or “our”). These Terms, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and spAQtacular and governs your access to and use of these Websites or any other websites of spAQtacular, any order you place through spAQtacular websites and your use or attempted use of our products and services (collectively, “Your Use”).

BY ACCESSING OR USING THE WEBSITES, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITES (SUCH PRODUCTS, “PRODUCTS”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE WEBSITES OR OTHERWISE PLACE AN ORDER ONLINE.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on the Websites. Your continued use of the Websites after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Websites.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPAQTACULAR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

FDA and Health Disclaimer Relating to Information Provided on the Websites

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITES IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER

REGARDING ANY MEDICAL CONDITION BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR SIMILAR SUPPLEMENT OR PRODUCT OR STARTING ANY NEW TREATMENT. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY SPAQTACULAR PRODUCTS, PARTICULARLY IF YOU ARE PREGNANT OR NURSING, ANTICIPATE SURGERY, ARE TAKING ANY MEDICATIONS, HAVE A KNOWN HISTORY OF MEDICAL CONDITIONS, ILLNESSES OR OTHER HEALTH CONCERNS, OR ARE OTHERWISE UNDER MEDICAL SUPERVISION.

SPAQTACULAR IS NOT A MEDICAL PROFESSIONAL AND DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THIS WEBSITE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. USE OF THE SERVICES IS NOT FOR MEDICAL PURPOSES OR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITES, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.

Eligibility

In order to use the Websites, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Websites is not intended for children under the age of 18 and no person under the age of 18 may use the Websites. If you use the Websites, you are affirming that you are at least 18 years old.

SUBSCRIPTIONS TERMS

spAQtacular offers consumers “products” that can be purchased through a subscription (“subscription”), which will automatically renew unless canceled. If you sign up for a subscription, the payment method you provide will be charged the amount then in-effect every 30 days. (“billing period”)

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid.

You may cancel your subscription at any time. To avoid a recurring charge you must cancel your subscription by the last day of your billing period. All cancellations are effective on the last day of billing period. If you wish to cancel your subscription, you may do so by logging into your account and turning your subscription “off” or, electronically by contacting our customer support team or, by calling our customer service representatives at (877) 369-2718.

Each renewal subscription will be for the same products as y‎our ‎immediately proceeding order. ‎we require a reasonable amount of time to process your ‎cancellation request. Please refer to our refund policy for further questions.

Testimonials, Reviews – User-Generated Content

Subject to the limitations set forth herein, you or third parties may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through HelpfulCrowd) the Websites (“Your Content” or “Third-Party Content,” as applicable). Unless we indicate otherwise, by posting or submitting Your Content to the Websites, you grant spAQtacular a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. spAQtacular and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. spAQtacular is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any of Your Content; or (iii) to respond to any of Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.We will not be responsible or liable to you or to any third party in any way for the content, or completeness, accuracy, or reliability of Your or Third-Party Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. spAQtacular has the right, but not the obligation, in its sole discretion, to monitor and edit or remove any activity or content, or take legal action against you or the\ third-party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Websites, spAQtacular, or its products, are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of spAQtacular. spAQtacular takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorize spAQtacular and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products (“Submissions”), provided by you to spAQtacular are non-confidential, and spAQtacular will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Property Rights & License

You acknowledge that content available through the Websites, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Websites for the sole purpose of using or placing an order via the Websites, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of spAQtacular’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Disclaimer of Warranties, Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Services (including the products are (except as expressly stated by us)) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall spAQtacular, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or for any other claim related in any way to your use of the Services, or any loss or damage of any kind incurred as a result of the use of the Services, even if advised of their possibility, except as provided by law.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Purchasing Items from Us

Product Representations. spAQtacular reserves the right to discontinue or change at any time without notice the specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. spAQtacular takes reasonable precautions to try to ensure that the prices quoted on the Websites are correct, to ensure that the Websites are complete, accurate, and current, and to describe the items available on the Websites as accurately as possible and to depict the most up to date packaging. However, spAQtacular does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Websites will match the actual product that you receive. If a product described on the Websites is not as described when you receive it, or the packaging on the Websites does not match the product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Websites under Customer Service, for a refund or credit. spAQtacular’ descriptions of, or references to, products not owned by spAQtacular do not imply endorsement of that product, or constitute a warranty by spAQtacular.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Websites and to correct errors once discovered. Any product on this Websites at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Order Placement and Acceptance

If you order a product, payment must be received by spAQtacular prior to spAQtacular’s acceptance of the order. spAQtacular may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

spAQtacular does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If spAQtacular discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, spAQtacular will also report you to federal, state and/or local enforcements authorities.

Shipping and Risk of Loss

spAQtacular will add applicable shipping and handling fees to your order. Unless otherwise noted, spAQtacular will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although spAQtacular may provide delivery or shipment timeframes or dates, you understand that those are spAQtacular’ good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 10 days from the date of your order, spAQtacular will use reasonable good faith efforts to contact you. If spAQtacular cannot contact you or you no longer wish to receive the item, spAQtacular will cancel the order and promptly refund the amount tendered. spAQtacular may reject orders where the stated delivery address is outside the continental United States.

Payment Information

In ordering products through the Websites, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. spAQtacular shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to spAQtacular, or for any other reason that we, in our sole discretion, deem appropriate.

International Orders

spAQtacular does not sell products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions.

Electronic Communications, Signatures and Agreements

The information communicated on the Websites constitutes an electronic communication. When you communicate with spAQtacular through the Websites or via other forms of electronic media, such as e-mail, you are communicating with spAQtacular electronically. You agree that spAQtacular may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that spAQtacular provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by spAQtacular or you).

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by spAQtacular, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the websites or services offered by spAQtacular. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Communications with spAQtacular

To the extent permissible by applicable law, you acknowledge that telephone calls to or from spAQtacular are monitored and recorded and you agree to such monitoring and recording.

You verify that any contact information provided to spAQtacular, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to spAQtacular. You acknowledge that by voluntarily providing your telephone numbers to spAQtacular, you expressly agree to be contacted at the telephone numbers you provide.

You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of spAQtacular relating to this Agreement, any purchase or transaction with spAQtacular, matters related to your account (including debt collection), and promotions regarding spAQtacular products. These communications may be made by or on behalf of spAQtacular, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that spAQtacular will not be responsible for these charges.

spAQtacular may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide spAQtacular notice within 30 days of any change to your contact information by emailing us at: service[at]spaqtacular.com. Your consent to this communications provision is not required to make any purchase with spAQtacular.

Indemnification

You agree to indemnify, defend, and hold harmless spAQtacular and our parent, subsidiaries, 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Termination of Websites

spAQtacular may, in its sole discretion, and at any time, terminate or suspend its operation of the Websites or your use of the Websites, if spAQtacular reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Websites and spAQtacular may, at our discretion, cancel any outstanding orders for the products and or services.

Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITES, ANY INFORMATION YOU PROVIDE VIA THESE WEBSITES, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITES WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST SPAQTACULAR, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.

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.

Generally

Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, spAQtacular, and/or any involved third party relating to your account, Your Use (defined here), your relationship with spAQtacular, or these Terms. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by spAQtacular or any third party related to your use or attempted use of the products. You, spAQtacular, or any involved third party may pursue a Claim. spAQtacular agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against spAQtacular. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration

As an exception to binding arbitration, you and spAQtacular both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. spAQtacular 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 pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures

You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against spAQtacular, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to spAQtacular 13351-D Riverside Rd #650, Sherman Oaks. CA. 91423 Commencement of Arbitration. Except where otherwise prohibited by law (including, without limitation, the State of California), You and spAQtacular agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

Sponsoring Organization, Rules and the Arbitrator

You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

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 and this arbitration provision. 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 this provision against you or spAQtacular.

Arbitration Fees

spAQtacular shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if spAQtacular is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to spAQtacular.

Arbitration Award

The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Arbitration Location

For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and spAQtacular agree.

Applicable Law

This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws thereof.

Enforceability

This provision survives termination of your account or relationship with spAQtacular, 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 provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Miscellaneous

This provision is the entire arbitration agreement between you and spAQtacular and shall not be modified except in writing by spAQtacular.

Amendments

spAQtacular reserves the right to amend this arbitration provision at any time. Your continued use of any spAQtacular Websites, purchase of a spAQtacular product, service, or use or attempted use of a spAQtacular product, is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, spAQtacular will provide you notice. Your continued use of any spAQtacular Websites, purchase of a spAQtacular product, or use or attempted use of a spAQtacular product, after receiving such notice is an affirmation of your consent to such material changes.

You have the right to opt-out of this arbitration provision within 30 days from the date of purchase, use, or attempted use of a spaqtacular product (whichever comes first) by writing to spAQtacular 13351-d Riverside Dr #650, Sherman Oaks. CA. 91423 Attn: General Counsel. For your opt-out to be effective, you must submit a signed written notice identifying any spAQtacular product you purchased, used or attempted to use within the 30 days and the date you first purchased, used or attempted to use of spAQtacular products. Untimely opt-outs will not be valid and you must then pursue your claim through arbitration pursuant to these terms.

Privacy

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Websites is subject to the Websites Privacy Policy, which is incorporated herein by reference.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for Company

Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to spAQtacular, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting spAQtacular from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Pay-AQ-Forward Compassionate Action Mission Terms and Conditions

As a Pay-AQ-Forward Contributor (a “Participant”), you are subject to spAQtacular Terms & Conditions and Privacy Policy, as well as the following additional Terms & Conditions for spAQtacular Pay-AQ-Forward Compassionate Action Mission:

How It Works

1. Apply for a Free Bottle: Clients can apply to receive a complimentary bottle of spAQtacular18 through our Pay-AQ-Forward plan on our official website page (click here). While the bottle is free, clients are responsible for covering the shipping and handling fee of $14.33.

2. Receive Your Bottle: Once the application is approved, clients will receive one free bottle of spAQtacular18 dietary supplement, delivered directly to their doorstep. If located in Los Angeles, clients can request to pick up their bottle of spAQtacular18 at which point the cost of shipping will be waived/refunded at the time of pickup.

3. Experience the Benefits: Incorporate spAQtacular18 into your daily routine and experience the positive effects on your health and well-being.*

4. Monthly Request: Clients can submit a new request for a free bottle of spAQtacular18 each month, allowing them to continue benefiting from the Dietary Supplement.

5. Pass It On: Clients are encouraged to share the Pay-AQ-Forward plan with friends and family so they can also experience the benefits of spAQtacular18.

6. Contributing Members: For every bottle of spAQtacular18 you purchase for our Pay-AQ-Forward Mission, we will match the exact quantity of bottles and add to the overall availability of “Free” spAQtacular18 bottles. (Example: If you contribute 3 bottles we will add additional 3 making it a total of 6 bottles available for delivery). spAQtacular does not charge any additional costs for matching your contribution.