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Free Gift With Purchase
*Offer applies to orders placed through TRYARMRA.com. Offer is for one free The ARMRA Tote 2.0 per customer on orders that include one of our five bundles: The Peach Principle, The Revival, The Transformer, The Catalyst, The Revitalizer. The ARMRA Tote 2.0 will automatically be added to cart once conditions are met. Offer begins on July 7 at 12:01am PST and ends on July 14 at 11:59pm PST. Cannot be combined with any other offer. While supplies last. Offer is subject to change without notice. Gift items are non-refundable and cannot be exchanged or returned. Terms and conditions apply. Rahal Biosciences Inc reserves all rights.
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Terms of service

Terms of Service

Last Updated: MAY 24, 2024

Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://tryarmra.com/policies/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the website located at https://tryarmra.com/ (the “Site”), our product and subscription offerings made available via the Site, and your purchase of immune revival and supplement products offered for sale by Rahal Biosciences, Inc. (“ARMRA”) on the Site.  To make these Terms easier to read, the goods offered for sale by ARMRA are called the “Products”, and the Site, and other interactive features or services, including our e-commerce platform therein are collectively called the “Services.”  These Terms govern your purchase of Products and your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise, and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ARMRA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 20 “DISPUTE RESOLUTION” BELOW CAREFULLY FOR DETAILS REGARDING ARBITRATION.

  • 1. Agreement to Terms. By using our Services and/or purchasing any Products, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or purchase any Products. If you are accessing and using the Services or purchasing Products on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
  • 2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
  • 3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion (subject to applicable law). If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  • 4. Supplementary Terms. Certain Products, services, promotions, or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.
  • 5. Who May Use the Services and Purchase Products? You may use the Services only if you are 18 years or older and capable of forming a binding contract with ARMRA (subject to applicable law), and not otherwise barred from using the Services under applicable law.

Delivery of Products to addresses outside the U.S. is not available for all items or to all addresses. For clarity, subject to applicable law, there will be no shipping of Products to any excluded territories. See our Shipping and Returns Policies for details. We reserve the right to limit availability of, and/or to discontinue, any Product, Services, or other feature described or available on the site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any Products, Services, or other feature that we provide.

For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all Product purchases and any other financial transactions. It’s your sole responsibility to protect your password from unauthorized use.

  • 6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Products and Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
  • 7. Subscriptions.
    • (a)Subscription Terms. We offer subscription plans (each, a “Subscription”) for regular shipments of Products selected by you. Our Subscriptions are also subject to the terms on our Subscription Details Page, which provide additional information regarding Subscriptions (including term, delivery frequency, and pricing).
    • (b) Subscription Fee. If you purchase a Subscription, subject to applicable law, you will be charged the applicable Subscription fee outlined in the Subscription Details Page, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each selected Subscription period (i.e., in accordance with your selected delivery timing) thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE ARMRA TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (through Shopify or another third-party payment processor) will automatically charge you in accordance with the selected Subscription period (i.e., in accordance with your selected delivery timing), until your Subscription ends (except when otherwise paused). Subject to applicable law, ARMRA reserves the right to change the Subscription Fee and available Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. In accordance with applicable law, ARMRA will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or ARMRA.
    • (c) Cancellation. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. SUBJECT TO APPLICABLE LAW, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel via your Subscription portal on the Services, or by chat, phone or by sending an email to help@tryarmra.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
  • 8. Terms of Sale. The following terms apply to your purchase of the Products, whether by way of a Subscription, individually on a standalone basis, as an “add-on” product, or otherwise.
    • (a) Product Descriptions. We try to make the Services and the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Services may be incorrect, incomplete, or appear inaccurate because of the browser, hardware, or other technology that you use. For example, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Subject to applicable law, all Products descriptions are subject to change at any time without notice, in our sole discretion. Any offer for any Product made via our Services is void where prohibited.
    • (b) Availability and Pricing. ARMRA reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time. Products offered for sale on this Site are for sale only in the jurisdictions set forth in the Shipping and Returns Policies and all prices are quoted in U.S. dollars. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an order and you are responsible for paying such charges and taxes to ARMRA, subject to applicable law.
    • (c) Purchasing Products. We have the right to refuse or limit any orders or quantities, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason, subject to applicable law. We are not liable if a Product is unavailable or if shipment is delayed.
    • (d) Shipping and Returns. All Products purchases via our Services are also governed by our Shipping and Returns Policies which are incorporated into these Terms by reference, subject to applicable law. Please review all Shipping and Returns Policies before purchasing a Product from or entering into any such purchase transaction with ARMRA.
    • (e) Transfer of Title and Risk of Loss/Damage. Subject to applicable law, title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to our fulfillment partner for shipment. By purchasing Products for shipment, we reserve the right to choose any and all procedures, packaging and the fulfillment partner for Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
    • (f) Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipments, or if you are otherwise unhappy with any Product, please email us at help@tryarmra.com. Any refunds or replacements are made solely in our discretion.
  • 9. Ordering; Payment
    • (a) Transaction Authorization. When you make a purchase via the Services, whether for individual Products or a Subscription (each, a “Transaction”, you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including but not limited to your credit card number, the expiration date of your credit card and your name, email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected in the amount posted or as otherwise communicated to you (plus any applicable taxes and other charges that your bank or other financial service provider may levy on you). By initiating a Transaction, you agree to the policies applicable to such fees and charges, subject to applicable law. All fees and applicable taxes, if any, are payable in United States dollars.
    • (b) Payment. We accept the forms of payment stated on the Site and charge your selected payment method (such as credit card, debit card, gift card) when your order is processed. Your bank may control when to release funds in the case of an order cancellation or refund. Completion of a payment transaction is contingent upon: (i) you providing sufficient personal details on your account, in addition to providing any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment.
    • (c) Cancellation. Except as expressly provided in these Terms, all orders are non- cancelable; we may grant or deny cancellation requests for individual orders in our sole and absolute discretion, subject to applicable law. We may also, in our sole discretion, cancel your payment at any time by providing notice to you, or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law, regulation, or policy including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if your payment method is declined; (iv) if we suspect fraudulent, unlawful or improper activity regarding a payment; (v) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; (vi) your failure to cooperate in an investigation or provide additional information when requested; or (vii) any other circumstances we deem appropriate in our sole discretion.
    • (d) Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
    • (e) Promotional Codes. ARMRA may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or towards previous purchases, and cannot be used in conjunction with any other promotion, unless otherwise stated. The promotional code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by ARMRA at any time in its sole discretion, subject to applicable law.
  • 10. Your Content.
    • (a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others or a review of a product) and images. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. ARMRA does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
    • (b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to ARMRA a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services, and for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered, including all media now known or hereafter devised. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that ARMRA and its sub-licensees are allowed to use them to the extent indicated in these Terms.
    • (c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by ARMRA on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    • (d) Removal of User Content. You can remove your User Content by contacting our customer service team and requesting its removal. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
    • (e) ARMRA’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
  • 11. Messages. As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of messages directly sent to you (“Messages”). If you decide to enable such Messages, you agree to receipt of communications from ARMRA via such Messages. Please be aware that third party messaging or data fees may occur relating to these Messages depending on the plan you have with your wireless carrier.
  • 12. General Prohibitions and ARMRA’s Enforcement Rights. You agree not to do any of the following:
    • (a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    • (b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, ARMRA’s name, any ARMRA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARMRA’s express written consent;
    • (c) Access, tamper with, or use non-public areas of the Services, ARMRA’s computer systems, or the technical delivery systems of ARMRA’s providers;
    • (d) Attempt to probe, scan or test the vulnerability of any ARMRA system or network or breach any security or authentication measures;
    • (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARMRA or any of ARMRA’s providers or any other third party (including another user) to protect the Services;
    • (f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ARMRA or other generally available third-party web browsers;
    • (g) Use any meta tags or other hidden text or metadata utilizing a ARMRA trademark, logo URL or product name without ARMRA’s express written consent;
    • (h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    • (i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    • (j) Impersonate or misrepresent your affiliation with any person or entity;
    • (k) Violate any applicable law or regulation; or
    • (l) Encourage or enable any other individual to do any of the foregoing.

ARMRA is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Services and ARMRA bears no responsibility for your interactions with other users of the Services. Further, ARMRA is not party to any disputes between you and other users.

  • 13. Relationships with Third Parties.
    • (a) Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
    • (b) Manufacturers. ARMRA designs and markets a variety of Products that are manufactured by independent third-party contract manufacturers. These manufacturers are carefully selected based on their commitment to quality and their ability to meet our specifications and standards. While we collaborate closely with these manufacturers to ensure that the Products meet our high standards, these manufacturers are not owned or operated by ARMRA. We assume responsibility for the Products we sell, including their quality, compliance with our specifications, and adherence to applicable laws and regulations; however, we are not liable for the independent operations of our contract manufacturers. We are committed to customer satisfaction and stand behind the Products we sell. If you have any concerns or issues with a Product you have purchased from us, please contact our customer service team, and we will make every effort to address your concerns and provide a satisfactory resolution.
  • 14. Endorsements and Testimonials. You agree that your User Content will, when applicable, comply with: (i) the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (found at: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf); (ii) the FTC’s Disclosures Guide (found at: https://www.ftc.gov/system/files/documents/plain-language/bus41-dot-com-disclosures-information-about-online-advertising.pdf); and (iii) the FTC’s Native Advertising Guidelines (https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses); and any other guidelines issued by the FTC from time to time (the “FTC Guidelines“), as well as any other advertising guidelines required under applicable law.

For example, if you have been paid or provided with free Products in exchange for discussing or promoting a Product or service through the Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Armra, are solely responsible for any endorsements or testimonials you make regarding any Product or service through the Services.

  • 15. Termination. We may suspend or terminate your access to and use of the Services, including cancelling any order for Products, suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at help@tryarmra.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 3, 4, 6, 7(b), 8(b), 8(d), 8(f), 9, 10(b), 10(c), 10(e), and 12-22.
  • 16. Disclaimers.
    • (a) Content Disclaimers. THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES. IT IS NOT 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 AND BEFORE STARTING ANY NEW TREATMENT.
    • ARMRA AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE ARMRA STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, ARMRA CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE SERVICES.
    • (b) Warranty Disclaimers. EXCEPT FOR ANY EXPRESS PRODUCT WARRANTIES WE MAY MAKE TO YOU, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services or the Products.
  • 17. Indemnity. You will indemnify and hold ARMRA and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your purchase of, access to or use of the Products or Services, (b) your User Content, or (c) your violation of these Terms.
  • 18. Limitation of Liability.
    • (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARMRA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARMRA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARMRA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ARMRA FOR USE OF THE SERVICES AND PURCHASE OF PRODUCTS OR ONE HUNDRED DOLLARS ($100) OR THE PRICE THAT YOU HAVE PAID FOR PRODUCTS, WHICHEVER IS GREATER.
    • (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARMRA AND YOU.
  • 19. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 20 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and ARMRA are not required to arbitrate will be the state and federal courts located in the Middle District of Florida, and you and ARMRA each waive any objection to jurisdiction and venue in such courts.
  • 20. Dispute Resolution.
    • (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products and Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and ARMRA agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and ARMRA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    • (b) Exceptions. As limited exceptions to Section 20(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
    • (c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
      Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    • (d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous.
    • (e) Injunctive and Declaratory Relief. Except as provided in Section 20(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    • (f) Class Action Waiver. YOU AND ARMRA 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 PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    • (g) Severability. With the exception of any of the provisions in Section 20(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  • 21. General Terms.
    • (a) Reservation of Rights. ARMRA and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Products and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, packaged with or on, or accompanying the Products and Services.
    • (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ARMRA and you regarding the Products and Services, and these Terms supersede and replace all prior oral or written understandings or agreements between ARMRA and you regarding the Products and Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without ARMRA’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. ARMRA may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    • (c) Notices. Any notices or other communications provided by ARMRA under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted
    • (d) Waiver of Rights. ARMRA’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ARMRA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  • 22.Contact Information. If you have any questions about these Terms or the Services, please contact ARMRA at help@tryarmra.com.