These Terms of Use (“Terms”) govern your access to, and use of the website operated by Cerasus Sanguine USA Corp., a Florida corporation (“Company,” “we,” “us,” or “our”). By accessing or using our website (“Website”), you agree to be bound by these Terms.
1. Capacity to Contract
The Website is intended for use by individuals who are legally capable of entering into binding contracts. You must be at least eighteen (18) years of age to make purchases through the Website.
2. Intellectual Property
All content available on the Website, including text, graphics, logos, trademarks, product descriptions, images, software, and design elements (collectively, “Content”), is the property of the Company or its licensors and is protected by United States and international intellectual property laws.
You may not reproduce, distribute, modify, transmit, display, perform, publish, license, create derivative works from, or otherwise exploit any Content without the Company’s prior written consent.
3. Limited License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial purposes.
This license does not include any resale or commercial use of the Website or its Content.
4. Permitted Use
You may use the Website solely for lawful purposes and in accordance with these Terms.
5. Prohibited Conduct
You agree not to:
– Use the Website for any unlawful purpose.
– Engage in scraping, data mining, automated access, or extraction of data or Content.
– Attempt to gain unauthorized access to any portion of the Website or related systems.
– Interfere with or disrupt Website functionality or security.
– Introduce viruses, malware, or other harmful code.
– Impersonate any person or entity.
– Use the Website in any manner that could damage, disable, overburden, or impair our infrastructure.
6. User Accounts
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. You agree to notify us immediately of any unauthorized use.
7. Accuracy of Information
While we strive to ensure that information on the Website is accurate and up to date, the Website may contain errors, inaccuracies, or omissions. In the event of any discrepancy between information displayed on the Website and the product packaging or labeling, the product packaging and labelling shall control. We reserve the right to correct errors and update information at any time without prior notice.
8. Third-Party Links
The Website may contain links to third-party websites. The Company is not responsible for the content, policies, or practices of any third-party websites.
9. Website Disclaimer
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE, INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
11. Termination
The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website at any time, without notice, for violation of these Terms or for any lawful reason.
12. Copyright Complaints
If you believe that any content on the Website infringes your copyright, please notify us in writing with sufficient detail to allow us to investigate the matter. We will review and, where appropriate, remove allegedly infringing content in accordance with applicable law.
13. Dispute Resolution; Arbitration; Small Claims Carve-Out; Class Action Waiver
PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS
a. Informal Resolution. Before initiating arbitration or filing a small claims action, you agree to first contact the Company and provide a written description of your claim. The parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or your use of the Website for a period of thirty (30) days following receipt of such notice.
b. Small Claims Carve-Out. Notwithstanding the agreement to arbitrate set forth below, either party may bring an individual claim in a small claims court of competent jurisdiction, provided that the action remains strictly individual in nature and is not removed to a higher court or pursued on a class, consolidated, or representative basis.
c. Binding Arbitration. Except for claims properly brought in small claims court as described above, any dispute, claim, or controversy arising out of or relating to these Terms or your access to or use of the Website shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
d. Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act.
e. Delegation Clause. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable.
f. Class Action Waiver. YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
g. Jury Trial Waiver. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
h. Arbitration shall take place in the State of Florida, unless otherwise required by applicable law.
14. Governing Law
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.
15. Modifications
The Company reserves the right to modify these Terms at any time. Updated Terms will be posted with a revised Effective Date.
16. Severability; No Waiver
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver.
17. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding purchases and supersede prior communications.
18. Contact Information
For questions regarding these Terms or your purchase, please contact:
Cerasus Sanguine USA Corp., a Florida corporation Operational Address: 7923b E McKinney, Denton, Tx 76208 Email: celestial-cherry@cerasussanguine.us Phone: +1 (817) 349-5270
