Welcome to Amuse! We are so glad you are here.

These Terms of Use (these “Terms”) govern the use of all visitors who use the available pages of the website located at https://amusedrops.com/, (the “Site”) including any content, functionality, and services offered therein. These Terms are between you as a user of any portion of the Site (“you”) and Amuse Drops, Inc. (“Amuse,” “we,” “us,” or “our”). Certain features of the Site may require the use of an individual account requiring a username and password (an “Account”). If you are accessing features of the Site utilizing your Account, the provisions of these Terms specific to Accounts or discussing features only accessible through an Account shall apply to your use.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. BY USING OR OTHERWISE ACCESSING THE SITE, MAKING PURCHASES THROUGH SITE, CREATING AN ACCOUNT ON THE SITE, AND/OR POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND YOU AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, CREATE AN ACCOUNT, OR MAKE A PURCHASE.

ANY DISPUTES BETWEEN YOU AND AMUSE, INCLUDING BUT NOT LIMITED TO, ANY DISPUTE OR OTHER CLAIM INVOLVING YOUR USE OF THE PRODUCTS, THE SITE, OR YOUR ACCOUNT, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (ARTICLE XXIII – DISPUTE RESOLUTION) BELOW AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

ARTICLE I – CONTENT

The Site, including its text, audio, video, know-how, recipes, ingredients, testimonials, graphics, charts, photographs, interfaces, chatbots, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Amuse or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in Article II – Use Rights and Accounts, Amuse reserves all other rights in and to the Site and Content, including all intellectual property rights. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.

ARTICLE II – USE RIGHTS AND ACCOUNTS

You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by Amuse.

Certain features of our Site are only accessible through an Account. By creating an Account, you agree to: (i) provide accurate, current and complete information necessary to create an Account; (ii) maintain and promptly update your  Account information as needed; (iii) maintain the security of your password; and (iv) immediately notify us if you discover or otherwise suspect any unauthorized access to the Site through your Account. You are responsible for maintaining the confidentiality of your Account access credentials and are fully responsible for all activities that occur under your Account, including any damages to Amuse or the Site resulting from unauthorized access to the Site from your Account. You will indemnify, defend, and hold Amuse harmless from and against any and all damages, losses, costs, and expenses arising from, related to, or caused by unauthorized access or use of the Site under your Account.

By creating an Account, you also consent to receive electronic communications from Amuse (e.g., via email, text message (standard rates and opt-out options apply), or by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing and that we have a prior business relationship with you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You cannot opt out of non-promotional email that are transactional in nature.

ARTICLE III – RESTRICTIONS ON YOUR USE OF THE SITE

You make the following representations, warranties and covenants by accessing and/or using the Site:

• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Products (as defined herein) without Amuse’s prior written consent.
• You will not use the Site for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud, or falsify information in connection with your use of the Site.
• You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
• You will not access, use, or copy any portion of the Site through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms nor will you use the Site to train any artificial intelligence tool or algorithm.
• You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
• You may not upload, distribute, transmit, or post anything to or through the Site that: (a) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (b) invades the privacy of another or includes the confidential or proprietary information of another; or (c) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Site that Amuse considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

ARTICLE IV – PRODUCTS AND PRICING

All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Amuse reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Amuse will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your Order (as described below), to decline or cancel any such Orders, whether or not the Order has been confirmed and/or your credit card charged. If your credit card has already been charged for the Order and we cancel your Order, we shall timely issue a credit to your credit card account in the amount of the charge. You are not permitted to resell or otherwise use the Products for commercial purposes. The Products are solely for your personal use and in accordance with the instructions provided for use of the Products. For more information on the Products and other services offered, please visit our FAQ page.

ARTICLE V – ORDERS AND PAYMENT

By clicking on “Confirm Order,” “Confirm Purchase,” “Submit Payment,” or other such similar confirmation, you are placing a binding order for the Products that you have selected for purchase (an “Order”). Your receipt of an electronic or other confirmation from us does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your Order to accept or decline or cancel your Order (in whole or in part) for any reason. We may require additional verifications or information before accepting any Order.

Your Order is not accepted until we send you shipping information for the Order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your Order, your sole and exclusive remedy is limited to: (i) issuance of credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order); or (ii) if no charge has occurred, your credit card will not be charged for the cancelled portion of the Order.

If you wish to make an Order, you will be asked to supply certain information through your Account, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant Amuse the right to provide such information to third parties, including but not limited to, WooCommerce, Stripe, and their successors, for purposes of facilitating Orders. You agree to pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Orders. You will be required to store your credit card or other payment information on your account for a Subscription (as further discussed in Section 6.2, below), and you authorized us or our payment processor to hold and retain such information for such purpose. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.

ARTICLE VI – SUBSCRIPTIONS

6.1    Subscriptions. Amuse offers various plans for the recurring delivery of our Products (each plan, a “Subscription”). Our available Subscriptions are described on our Site at the time of purchase and are subject to change. Amuse may modify the terms of any Subscription, including pricing, at any time. Any changes regarding your Subscription(s) will be communicated to you within a reasonable period of time prior to the applicable Subscription renewal. If you do not accept the modifications, your sole and exclusive remedy is to cancel your Subscription.

6.2    Automatic Renewal of Subscription. When you purchase a Subscription, you expressly acknowledge and agree that Amuse (or our third-party payment processor(s)) is authorized to charge you on a monthly basis for the price of your chosen Subscription, in addition to any applicable taxes and other charges set forth during the purchase process, for the term of your Subscription. Your Subscription(s) shall automatically renew for successive terms equal to the length of the initial Subscription term for the applicable Product until you cancel or we suspend or terminate the Subscription. The monthly recurring charges for your Subscription will be set forth during the purchase process. The amount you are charged may vary depending on the preferences you select.

6.3    Cancellation of Subscription. You may cancel your monthly Subscription at any time prior to the next date of billing (“Billing Date”) by accessing your Account and following the cancellation instructions. Your cancellation request will be processed for the next scheduled Billing Date. You are responsible for all charges, including any applicable taxes and other charges, incurred with respect to any Order processed prior to the cancellation of your Subscription. Subscriptions that automatically renew every three (3) or six (6) months cannot be cancelled mid-term. You will continue to receive our Product until the end of your Subscription term.

6.4    Gifts. You may have the ability to purchase recurring monthly Subscriptions for other people through our Site (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed through the Site in accordance with our then-current procedures for redemption, which may require the recipient to create their own Account and agree to these Terms in order to redeem the Gift. Gifts are subject to the automatic renewal terms and cancellation policy in this Article VI – Subscriptions.

ARTICLE VII – DELIVERIES

7.1    Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you place an Order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary from your online account or checkout. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

7.2    Inspect on Delivery. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. In the event you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at hello@amusedrops.com within ten (10) calendar days of receiving your Order. Requests for re-delivery may not be accommodated without submission of photos detailing the issue with the Product and the shipment information.

7.3    Delivery in Your Absence. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. In certain areas, you may be able to provide additional delivery instructions when setting up your Account, such as requesting that your delivery be left with a neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

7.4    Delivery Delays. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully upon eventual arrival and email hello@amusedrops.com within ten (10) calendar days of receiving your Order with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

7.5    Refrigerate on Delivery. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe use and consumption of the Products following delivery.

7.6    Shipping Address. Due to the perishable nature of our Products, we cannot guarantee the condition of the delivery if the shipping address is incorrectly entered, if a change of address isn’t updated prior to the Billing Date, if an address is altered while in transit, or if you are unable to retrieve the Order on the guaranteed delivery date and did not notify us prior to the Billing Date. When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt and Account for any errors. If you enter the shipping address incorrectly or move, please log in to your Account or email hello@amusedrops.com immediately to correct the address.

7.7    Returns and Refunds. We are shipping perishable Product(s) and therefore are not able to accept returns. If you are not satisfied with your Order, please contact us at hello@amusedrops.com. If your Order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our Terms, we will dispose of the contents and you will not be refunded. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.

7.8    Damaged Due To Courier. In the event of damage caused by improper handling by the courier, we are happy to file a claim and replace the shipment. We ask that you please email hello@amusedrops.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the Order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage. Filing a claim does not guarantee a refund. Amuse will review your claim and determine accuracy in its sole discretion.

7.9    Refund Discretion. Notwithstanding anything to the contrary herein, Amuse reserves the right to reject any refund request made under any Account that is, in Amuse’s sole and absolute discretion, excessive, abusive, unreasonable, or fraudulent in nature.

ARTICLE VIII – USE OF MARKS

Amuse owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Amuse. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.

ARTICLE IX – PRIVACY NOTICE

We may collect certain personal information about you and about your use of the Site as described in our Privacy Notice.

ARTICLE X – INTELLECTUAL PROPERTY RIGHTS

The Site and any Products, services, or other items made available through the Site are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Amuse or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

ARTICLE XI – COMPLIANCE WITH LAWS

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

ARTICLE XII – FEEDBACK AND OTHER CONTENT SUBMITTED BY YOU

If you submit comments or feedback to us regarding the Site, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

ARTICLE XIII – SOCIAL MEDIA

Links to Amuse’s social media pages (e.g. Facebook, X (formerly known as Twitter), LinkedIn, Instagram, TikTok, YouTube, and any other social media platform on which we may maintain a presence now or in the future) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Amuse’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement by Amuse of that third party or any service or company they represent.

ARTICLE XIV – DISCLAIMER OF WARRANTIES

THE SITE, PRODUCTS AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMUSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

AMUSE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. AMUSE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. AMUSE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

WE ARE NOT ENGAGED IN PROVIDING PROFESSIONAL MEDICAL ADVICE VIA THE SITE OR OTHERWISE. IF YOU HAVE QUESTIONS REGARDING A MEDICAL CONDITION, TREATMENT, MEDICATION, OR OTHER SIMILAR HEALTH-RELATED TOPICS, INCLUDING SPECIFIC ALLERGENS AND RELATED CLINICAL DIAGNOSES, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL, AND SHOULD NOT DISREGARD SUCH ADVICE BASED ON THE INFORMATION OR FEATURES IDENTIFIED THROUGH THE SITE OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT (1) THE SITE, ITS CONTENTS, AND ANY COMMUNICATIONS FROM AMUSE OR ITS AFFILIATES DO NOT CONSTITUTE MEDICAL ADVICE OR CLINICAL GUIDANCE; AND (2) THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR CONTACTING EMERGENCY MEDICAL SERVICES, AND YOU SHOULD IMMEDIATELY CONTACT 911 OR AN APPLICABLE EMERGENCY RESPONSE LINE OR SEEK CARE FROM THE NEAREST MEDICAL FACILITY IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY. AMUSE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCTS OR SUBSCRIPTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, AMUSE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PERSONAL INJURY, HEALTH OUTCOME, OTHER DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY PRODUCTS OR SUBSCRIPTIONS OR RELATED INFORMATION PROVIDED THROUGH THE SITE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, PRODUCTS, AND SUBSCRIPTIONS AND ANY DECISIONS MADE BASED ON ITS FEATURES OR OUTPUTS.

AMUSE DOES NOT MAKE ANY GUARANTEES REGARDING THE OUTCOMES OF YOUR OR YOUR MINOR CHILD’S USE OF THE PRODUCTS, INCLUDING THE PREVENTION OR ELIMINATION OF ANY ALLERGIES.

ARTICLE XV – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL AMUSE OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANUFACTURERS, DISTRIBUTORS, LICENSORS, OR REPRESENTATIVES (THE “AMUSE PARTIES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR WEBSITE AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE AMUSE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., OR IF IN RELATION TO A PRODUCT OR SUBSCRIPTION, THE TOTAL FEES DUE FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS ARTICLE XV – LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AMUSE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ARTICLE XVI – INDEMNIFICATION

16.1  Amuse Indemnification. Amuse shall defend you against any third party claims that the Site or any Content published by Amuse on the Site, infringes any United States patent, trademark, or copyright or misappropriates any trade secret (to the extent it qualifies as a trade secret under US law) (“Infringement Claim”), and shall indemnify you for any costs and damages finally awarded by a court of competent jurisdiction or agreed upon in settlement with respect to such Infringement Claims, provided Amuse is promptly notified of any such Infringement Claim related thereto and given reasonable assistance and sole control over defense and settlement. Amuse will not be responsible for any settlement it does not preapprove in writing. Amuse shall have no obligation to indemnify you under this Section 16.1 where you continue any allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement.

16.2  Your Indemnification for the Site. You agree to defend, indemnify and hold the Amuse Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) related to any claim, lawsuit, investigation, proceeding, regulatory action or other cause of action asserted by a third party against any of the Amuse Parties arising out of or relating to the Site or any component thereof (unless the damages related thereto were caused solely by reason of Amuse’s breach of these Terms), including but not limited to: (a) the use of our Site or other information, materials, products or services contained, displayed or available in or on our Site by you or any other person accessing our Site on your behalf; (b) your breach or violation of these Terms or any other guidelines or agreements referenced in these Terms; (c) any information you provide to Amuse (including any information your provide to us as part of the Account registration process, contact form, or Feedback); or (d) your violation of any rights of any third party.

16.3 Product Indemnification. You agree to fully indemnify, defend, and hold harmless Amuse Parties from and against any and all claims, actions, demands, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including attorneys’ fees and court costs, arising out of or related to your use or misuse of the Product and administration thereof, including but not limited to any use that is inconsistent with product labeling, instructions, warnings, or recommended dosages, any use without first consulting a qualified healthcare professional, any combination with other supplements, medications, or drugs, any use despite known medical conditions, allergies, or sensitivities, any reliance on information provided by Amuse in place of medical advice, or any sharing, resale, or provision of the supplement to another person. This indemnification obligation applies regardless of whether the claim arises in tort, contract, strict liability, or otherwise, and includes claims brought by third parties, including other consumers, healthcare providers, insurers, governmental authorities, or regulators, arising from your actions or omissions. You agree that Amuse may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate fully with such defense. You acknowledge and agree that the Product is not intended to diagnose, treat, cure, or prevent any disease and that the use of any supplement involves inherent risks, including but not limited to adverse reactions, allergic responses, interactions with medications or other supplements, improper dosing, and unexpected side effects. You voluntarily and knowingly assume all risks, known and unknown, foreseeable and unforeseeable, associated with your purchase, possession, and use of any supplement, on behalf of yourself and any minor whom you may be purchasing the Product for. You represent and warrant that you have carefully read all Product labels, instructions, and warnings prior to use, that you are solely responsible for determining whether the supplement is appropriate for you or your minor child, and that you have consulted, or have elected not to consult, a qualified healthcare professional before use. You agree that any decision to use the Product is made entirely at your own risk. To the maximum extent permitted by law, you expressly waive any and all claims against Amuse arising out of or relating to adverse effects, misuse, improper use, failure to follow instructions or warnings, use contrary to medical advice, use despite known medical conditions or sensitivities, or use in combination with other products, substances, or medications for yourself and your minor child.

ARTICLE XVII – THIRD-PARTY WEBSITES

The Site may link to, or be linked to, websites not maintained or controlled by Amuse. Those links are provided as a convenience to the visitors of our Site. Amuse is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Amuse does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.

ARTICLE XVIII – THIRD-PARTY CONTENT

The Site may also contain certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that Amuse has reviewed the third-party content or that there is any association between Amuse and any third party. You access third-party content at your sole risk. Amuse has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.

ARTICLE XIX – LINKING TO THE SITE

You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Amuse. If Amuse grants you a right to link to the Site, certain terms may apply, and Amuse reserves the right to revoke such consent at any time for or without cause. You are responsible for any costs incurred by Amuse in enforcing its rights under this Article XIX – Linking To The Site.

ARTICLE XX – TERMINATION

These Terms are effective unless terminated by Amuse, and shall apply to you in relation to your use of the Site and or ongoing use of Products or Subscriptions. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

ARTICLE XXI – COOPERATION WITH LAW ENFORCEMENT

Amuse will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD AMUSE AND THE AMUSE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

ARTICLE XXII – GOVERNING LAW

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Kansas without reference to its conflicts or choice of law principles.

ARTICLE XXIII – DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND AMUSE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

For any dispute you have with any of the Amuse Parties, including but not limited to, any dispute or claim involving your use of the Products, the Site, or your Account, you agree to first contact Amuse and attempt to resolve the dispute with Amuse informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms or any transaction or occurrence contemplated hereby, except for claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits applicable through these Terms and as long as such claim is brought individually and not as a class action, shall be finally determined by final and binding arbitration administered by JAMS in Johnson County, Kansas before (a) one arbitrator if the amount of the claim(s) is less than One Million U.S. Dollars ($1,000,000); or (b) three (3) arbitrators if the amount of the claim is equal to or greater than One Million U.S. Dollars ($1,000,000), with Amuse and you independently selecting one (1) arbitrator each, and both parties jointly selecting the third arbitrator. In event of arbitration, the arbitration shall proceed under the JAMS Streamlined Arbitration Rules and Procedures unless otherwise agreed to by both Amuse and you. As part of its final award, the arbitration panel shall allocate all or part of the costs of the arbitration, including fees of the arbitrator(s) and reasonable attorney’s fees of the prevailing party, for payment by the non-prevailing party. Nothing in this Article XXIII – Dispute Resolution shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Site. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS AMUSE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

ARTICLE XXIV – MISCELLANEOUS

These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and Amuse with respect to your access to and use of the Site, Orders, and your purchase and use of the Products. We may modify these Terms at any time, with such modifications taking effect as of the Effective Date referenced above. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By continuing to use the Site or maintaining your use of Products or your Subscription, you agree to those changes. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Amuse’s successors and assigns. Amuse’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Amuse.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms and any other documentation, agreements, notices, or communications between you and Amuse may be provided to you electronically to the extent permissible by law. Please direct any questions and concerns regarding these Terms to us at hello@amusedrops.com.