Terms OF SALE  

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW OR (D) ARE NOT LOCATED IN THE UNITED STATES. 

IF YOU CHOOSE TO PURCHASE PRODUCTS OR SERVICES ON A SUBSCRIPTION PLAN, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME DURATION BY WHICH YOU INITIALLY SUBSCRIBE. BY PURCHASING PRODUCTS OR SERVICES ON A SUBSCRIPTION PLAN, YOU ACKNOWLEDGE AND CONSENT TO THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION, AND REPRESENT THAT YOU HAVE CAREFULLY READ THESE TERMS AND UNDERSTAND THE INSTRUCTIONS SET FORTH HEREIN DESCRIBING THE STEPS YOU MUST TAKE TO AVOID AUTOMATIC RENEWAL AND/OR ACHIEVE CANCELLATION OF YOUR SUBSCRIPTION. 

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through CellucorGamer.com (the "Site"). These Terms are subject to change by Woodbolt Distribution, LLC d/b/a Nutrabolt (referred to as “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms prior to purchasing any products or services that are available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. 

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy (as referenced in Section 10) before placing an order for products or services through the Site. The Website Terms of Use and our Privacy Policy are hereby incorporated herein. In the event of a conflict between these Terms and the Website Terms of Use, these Terms shall prevail. 

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and/or services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion or revoke our acceptance prior to delivery, at any time and for any reason. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order by following the prompts located on the Subscription Platform (as defined below).  
  1. Prices and Payment Terms.  
  1. All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed, or Subscription Terms (as set forth herein) beginning after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. 
  1. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. By providing a credit card or other payment method that we accept, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.  
  1. Shipments; Delivery; Title and Risk of Loss.  
  1. We will arrange for shipment of the products and/or services to you in the United States as permitted by law. Please check the individual product or service page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. 
  1. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 
  1. Returns and Refunds. Except for any products or services designated on the Site as non-returnable, we will accept a return of the products or services purchased on the Site for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery accompanied by your receipt, and provided such products or services are returned in their original condition. To return products or services, you must call 866-927-9686 or e-mail our Returns Department at support@cellucorgamer.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product or service. No returns of any type will be accepted without an RMA number. 

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.  

Refunds are initiated within one to three business days following the refund request and are processed within approximately three (3) to five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THE SITE AS NON-RETURNABLE. 

  1. Subscription Term, Termination, Suspension.  
  1. On the Site, you have the option to purchase the products or services on a one-time or subscription basis.  A purchase on subscription basis means that you are agreeing to pay for the right to receive products and/or access services over a certain period of time (the “Subscription Term”).  You acknowledge and agree that when you purchase on a subscription basis, unless you terminate as otherwise set forth herein, at the end of a Subscription Term, (i) your subscription will renew for an additional Subscription Term upon terms as set forth herein (ii) you agree to make payments due for each Subscription Term and that Company or its third party payment processor is authorized to charge your payment method as provided by you; and (iii) the payment method and information you provided upon your initial purchase will be charged automatically upon any renewal on a recurring basis unless you change or terminate your subscription as set forth herein.   Your management of your ongoing Subscription Term may be achieved through a hosting platform for our subscription services located at https://cellucorgamer.cratejoy.com/customer/account (the “Subscription Platform.”) You may modify certain aspects of the subsequent Subscription Terms by following prompts within the Subscription Platform. BY ENTERING INTO A SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF USE OF THE SUBSCRIPTION PLATFORM IN ADDITION TO THESE TERMS AND THAT YOU UNDERSTAND THE CANCELLATION PROCEDURES. Notwithstanding anything to the contrary, you understand that we may terminate your subscription at any time in our sole discretion. 
  1. Subscription Fees.  The subscription fee for your subscription, if any, will remain fixed during each Subscription Term.  
  1. Subsequent Subscription Terms. Upon thirty (30) days’ electronic notice, we may alter the subscription fee or other conditions for any Subscription Term that is subsequent to the then-current Subscription Term. Your failure to cancel your subscription as set forth in Section 6(d) prior to the beginning of any subsequent Subscription Term shall constitute your acceptance of the altered subscription fee or other altered conditions.  
  1. Term and Renewal. Your Subscription Term, if any, will be specified in your order, and your subscription will automatically renew at the end of each subscription period. To prevent renewal of a subscription, you or we must give written notice of non-renewal prior to the commencement of a subsequent Subscription Term. If you do not want your Subscription Term to renew, you must sign in to your profile in the Subscription Platform, click “cancel” under the heading reading “Your Subscription” and then follow the appropriate prompts prior to the expiration of your then-current Subscription Term. You may alternatively send an email to support@cellucorgamer.com with the subject line “cancellation of subscription” which email must be sent no less than ten (10) business days prior to the expiration of your then-current Subscription Term.   
  1. NO EARLY TERMINATION; NO REFUNDS. THE SUBSCRIPTION TERM WILL END ON THE EXPIRATION DATE OF SUCH TERM. YOU ACKNOWLEDGE THAT YOU CANNOT CANCEL A SUBSCRIPTION TERM PRIOR TO ITS EXPIRATION, EXCEPT AS EXPRESSLY SET FORTH HEREIN. WE DO NOT PROVIDE REFUNDS IF YOU DECIDE TO STOP USING THE PRODUCTS OR SERVICES INCLUDED IN YOUR SUBSCRIPTION DURING YOUR SUBSCRIPTION TERM, OR IF YOU ARE SUSPENDED DURING YOUR SUBSCRIPTION TERM AS SET FORTH HEREIN. 
  1. Termination for Cause. Either party may terminate a Subscription Term for cause: (i) upon thirty (30) days’ notice in writing, by email, or via the Subscription Platform, to the other party of a material breach if such breach remains uncured at the expiration of such notice period, or (ii) we may also terminate your subscription for cause on fifteen (15) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers, or if you have violated these Terms, the Website Terms of Use or the Privacy Policy. A subscription may not otherwise be terminated prior to the end of the Subscription Term. 
  1. Suspension for Prohibited Acts. We may suspend any subscriber’s subscription for use of the products or services in a way that violates applicable local, state, federal, or foreign laws or regulations or these Terms, the Website Terms of Use, the Privacy Policy, or for other prohibited acts, including but not limited to (i) the resale or distribution of any of the products or services to any third party, (ii) the use of the products other than as directed, (iii) the harassment or demeaning of any other person in connection with any of our social media accounts, (iv) the use of any device, software or routine to interrupt or interfere with the operation of the Sites or your attempt to do so, (v) the use of any software, device, or routine to trace any information on any other person who visits the Sites or (vi) your violation of any terms of use issued by the Subscription Platform. You will not be eligible for a refund for any payments if your Subscription Term is suspended. 
  1.  Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your subscription ten (10) days after such notice. If a subscription is suspended for non-payment, we may charge a re-activation fee to reinstate the subscription. The term “non-payment” shall include, but not be limited to, the expiration or revocation of your payment information prior to the initiation of a subsequent Subscription Term. 
  1. Disclaimer of Warranties. The descriptions and statements provided on the Site are for informational purposes only and are not intended to convey medical advice, or be a substitute for the services or advice of a licensed professional. We strongly encourage you to seek the advice of a licensed professional regarding any mental or physical health or wellness questions prior to taking any dietary and nutritional products or engaging in any other activity discussed on the Sites. Company is not responsible for any incorrect or inaccurate content posted on the Sites, whether posted by users of the Sites, or by any of the equipment or programming associated with or utilized by the Sites. Company is not responsible for the conduct, whether online or offline, of any user of the Sites. The Sites may be temporarily unavailable from time to time for maintenance or other reasons.  Occasionally there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users.  

You understand that we cannot and do not guarantee that files for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.  

YOUR USE OF THE SITES, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES including but not limited to ANY INFORMATIONAL POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET OR EXCEED YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURER, DISTRIBUTOR, AND SUPPLIER, IF ANY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES, AND MISAPPROPRIATION. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export. 
  1. Special Promotions.You agree that, in the event that your purchase of the products or services through the Site is pursuant to the terms of a coupon, promotional code, group discount, or other special promotion, then the terms of such special promotion shall be cumulative to, and not exclusive of, these Terms. Except as expressly authorized in the terms of any such special promotion or these Terms, these Terms shall apply to all special promotions. The special promotional terms shall not automatically renew or be renewable, unless expressly designated within the terms of such special promotion.  
  1. Indemnification.   To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites or products or services by you or any third party you authorize to access or use such Sites or products or services, (b) any content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, outside attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company. 
  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, located at http://www.cellucorgamer.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 
  1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 
  1. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. 
  1. Dispute Resolution and Binding Arbitration. 
  1. YOU AND WOODBOLT DISTRIBUTION, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

  1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13 and held either in the state, city and county of New York, or in the city of Austin, Texas. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 

  1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WOODBOLT DISTRIBUTION, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 
  1. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company. 
  1. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 
  1. Notices. 
  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) through the Subscription Platform. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current on the Subscription Platform. 
  1. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Woodbolt Distribution, LLC, 3891 S. Traditions Dr., Bryan, Texas 77807, Attn.: Customer Support. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 
  1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 
  1. Remedies.  In no event shall Company or any of its directors, officers, representatives, successors or assigns be liable under this agreement to you for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of these Terms. You acknowledge that Company’s total liability under these Terms is limited to the subscription fees or other amounts you have paid Company for its products or services through the Site. 
  1. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. 
  1. Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents 

The following provision applies to residents of the State of New Jersey.   

Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by State or Federal law.  The Terms of Sale are intended to comply with TCCWNA.  In the event of a conflict between the Terms of Sale and the TCCWNA, the terms of the TCCWNA take precedence and will control. 

The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey.  The following provisions of the Terms of Sale shall not be applicable to New Jersey residents: (i) provisions which limit the Company’s liability for any tortious action or breach of contract by the Company; (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Company; and (iii) provisions which limit the time within which claims against the Company must be brought.