Terms and Conditions of Sale and Website
Terms and Conditions of Use
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Date of last revision: September 19, 2017
This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years of age or older and have the legal capacity to enter into a binding contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
IMPORTANT – PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER pinnaclelifelabs.com (“WEBSITE”). this agreement contains disclaimers of warranties (see SECTION 10) AND LIMITATIONS OF LIABILITIES (see SECTION 7). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE TERMS BELOW IN THEIR ENTIREITY BEFORE ACCESSING, USING OR PLACING AN ORDER THROUGH THE WEBSITE.
THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE (DEFINED IN SECTION 16 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY BINDING ARBITRATION AGREEMENT, SECTION 16 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
1.1 By placing your order, you will be receiving a 14-day trial of the product for the price of shipping and handling $4.97. Two days before the trial period ends, you will be notified via email to inform you that your card will imminently be charged unless you take action to cancel the trial. After the trial period of 14-days, you will be billed $79.97 (shipping included) (shipping included) and enrolled into our convenient auto ship program until your membership is cancelled. (see Section 2.1 below for more details). You understand that you are subscribing to a monthly shipment program and you will be charged $79.97 (shipping included) (shipping included) per month starting 14 days from today and every 30 days thereafter unless cancelled. The transaction will appear on your credit card statement as . All subsequent orders ship within 24-48 hours of a successful transaction. Deliveries are available to United States residents through the United States Postal Service. Please allow 3 business days for all subsequent deliveries. You understand that you can cancel at any time without further obligation by calling 1-866-390-6075 twenty-four (24) hours a day, seven (7) days a week, or by email to us at [email protected]
1.2 You authorize COMPANY to initiate debit/credit charges to your debit/credit card account as indicated upon enrollment. This authority will remain in full force and effect until you cancel your Subscription.
1.3 You expressly agree to the automatic 30 day billing set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription(s). If your payment is not approved by your debit/credit card company within 30 days of the due date for your next installment, your Subscription will be suspended. If you wish to cancel and not be billed, you must call toll-free at 1-866-390-6075 or by email to us at [email protected]
2.1 CANCELLATION. You understand that you can cancel at any time without further obligation by calling 1-866-390-6075, or by email to us at [email protected] If you cancel within 14 days of your order, you will not be charged again, and you will not receive additional product unless you place another order on this Website. On the 14th day after your initial order (if you have not called us to cancel) the trial period will end and we will process payment for your first auto shipment. You do not have to return any product to cancel your subscription with us.
2.2 RETURNS AND FAILURE TO DELIVER. Subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
(a) If there is damage to or defect(s) in the Product, you must return the Product and notify COMPANY in writing of the damage or defect(s) within 30 calendar days of delivery of the Product. Thereafter, Diamond Solutions may, at its option: (i) replace or repair the Product; or (ii) refund the price paid for any Product found to be damaged or defective.
(b) If there is a shortage or failure to deliver Products, Diamond Solutions will make good on any such shortage or non-delivery.
(c) COMPANY shall not be liable for, and you shall not be entitled to reject or return Products or Services for a refund, except for defects in Products that are not caused by any act, neglect or negligence on your part.
(e) COMPANY shall not be liable for any damages or losses arising from: (1) the use of the Products in connection with other defective or unsuitable products or services; (2) your negligence; and/or (3) you improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
(f) Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will be negated or rendered void where: (1) Products have been repaired or altered by persons other than the manufacturer, COMPANY or any authorized dealer; (2) defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 calendar days from the date on which such Products were delivered; and/or (3) defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Diamond Solutions in connection with the delivered Products.
2.3 REFUND POLICY. All refunds should appear back on your credit card in 5-7 business days. All sales are eligible for a full refund up to 30 days of the charge. Please call us 24 hours a day, 7 days a week at 1-866-390-2036, or email to us at [email protected] to request a refund.
2.4 YOU UNDERSTAND THAT YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS UNDER THE TERMS OF THIS AGREEMENT IF YOU FAIL TO CANCEL AS PROVIDED FOR ABOVE IN SECTIONS 1 AND 2.1.
2.5 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refunds will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this Product.
3.1 While we make every effort to ensure that items appearing on the Website are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
3.2 An order submitted by you constitutes an offer by you to Diamond Solutions to purchase the Subscription on these Terms and is subject to COMPANY’ subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
3.3 COMPANY’ acceptance of your order takes effect when your credit card or other payment is accepted and processed ("Acceptance"). We reserve the right to verify credit or debit card payments prior to Acceptance. Any prices or quotations made or referred to on the Website or in an order acknowledgement do not constitute an offer and may be changed at any time prior to COMPANY’ Acceptance. The controlling price for the Product is the price in effect at the time of Acceptance. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product shipment. In such event, you may cancel your order.
3.4 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by COMPANY on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Website (and not by any other means unless we have given our prior agreement).
3.5 We may keep records of orders received, acknowledgements, Acceptance and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these Terms for your own records.
4.1 You represent that the information provided by you when placing your order is valid, up-to-date, accurate, and sufficient for COMPANY to fulfill your order. You are responsible for maintaining and promptly updating your account information with COMPANY for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access.
4.2 COMPANY reserves the right to cancel any order or to suspend or terminate your account if COMPANY has grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to COMPANY, or for any other reason that COMPANY, in its sole discretion, believes appropriate.
4.3 Unless agreed otherwise or required by applicable law, any warranties provided in relation to your purchase only extend to you on the understanding that you are a user and not a reseller of the Product.
In addition to the grounds for termination provided in Section 4.2 above, COMPANY reserves the right to terminate your account if you fail to make any payment or become unable for any reason to make payments as they become due (for example, by filing bankruptcy, entering into an assignment for the benefit of creditors, or becoming insolvent). If you fail to or are unable make any payment, COMPANY reserves the right to: stop any Products in transit, suspend further Product deliveries, and/or
stop or suspend provision of Services.
6.1 Delivery timescales/dates specified on the Website, in any order acknowledgement, Acceptance or elsewhere are estimates only. While Diamond Solutions endeavors to meet such timescales or dates, COMPANY does not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
6.2 Delivery shall be to a valid address submitted by you within the Territory and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or Acceptance that Diamond Solutions provides and notify COMPANY of any changes without delay of errors or omissions. COMPANY reserves the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
6.3 If you refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies COMPANY may have.
EXCEPT AS OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, COMPANY IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, PRODUCTS OR SERVICES BY YOU OR BY THIRD PARTIES, REGARDLESS OF WHETHER COMPANY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL IN THEIR ESSENTIAL PURPOSE. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IF, NOT WITHSTANDING THESE LIMITATIONS OF LIABLITY, COMPANY IS FOUND LIABLE UNDER ANY THEORY, COMPANY’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NO GREATER THAN THE COST OF THE PRODUCTS OR SERVICES YOU ORDERED THAT ARE FOUND TO HAVE CAUSED YOUR DAMAGES.
8.1 You agree to defend, indemnify and hold harmless COMPANY, its affiliates, officers, directors, shareholders, employees, independent contractors, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands incurred by or made against COMPANY arising from any act or omission by You and/or your breach of any of these Terms and/or the Agreement. COMPANY shall promptly notify you by electronic mail of any such claim, suit or demand, and cooperate (at your expense) in the defense of such claim, suit or demand. If COMPANY does not hear from you promptly, Diamond Solutions reserves the right to defend such claim, suit or demand and seek full recompense from You.
COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE OR DO NOT TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE SEEK TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE AND CURRENT, COMPANY CANNOT GUARANTEE, AND SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE.
10.1 EXCEPT WHERE UNENFORCEABLE OR INAPPLICABLE, INCLUDING THE STATE OF NEW JERSEY:
THE WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. DIAMOND SOLUTIONS MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY COMPANY WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such license or consent at your own expense and if necessary produce evidence to COMPANY on demand. Failure to do so shall not entitle you to withhold or delay payment of the price nor entitle you to any refund. Any additional expenses or charges incurred by Diamond Solutions resulting from such failure shall be met by you.
11.2 Products licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
11.3 Items entering the European Economic Area (EEA) or other countries or territories from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes that are levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since COMPANY has no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
Any notice or other communications in relation to these Terms or the Agreement may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has provided in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received: (a) if by hand delivery, on the date of delivery at the relevant address (or, if this is not a business day, the first business day thereafter); (b) if posted, 5 business days after the date of posting; (c) if by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of COMPANY or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of these Terms or the Agreement or by your purchase of any Product from the Website. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without COMPANY’ prior written permission.
The Website may provide links to other World Wide Web sites or resources. COMPANY has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any COMPANY Website. COMPANY cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any COMPANY’ Website or third-party content on our sites. COMPANY does not endorse any of the merchandise, nor has COMPANY taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. COMPANY does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against COMPANY with respect to such sites and third-party content. COMPANY strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither COMPANY nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.domain. Deep linking to pages of this Website is expressly prohibited without prior written consent from COMPANY.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
16.1 Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
16.3 Pre-Arbitration Negotiation Before initiating any formal claim in arbitration, we each agree to send written Notice to Arbitrate to the other providing a description of the Dispute, previous efforts to resolve the Dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided to COMPANY at the time of your order or in your Notice to Arbitrate. Notice to COMPANY may be sent to COMPANY, 1233 s 132nd st. We each agree to make attempts to resolve the Dispute in good faith within forty-five (45) calendar days of receipt of the Notice to Arbitrate. If those negotiations are unsuccessful, then the party serving the Notice to Arbitrate may submit the Dispute to formal arbitration in accordance with the provisions below.
16.4 Arbitration Procedures The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitration may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
We agree to formally commence any arbitration proceeding with the NAF within 1 year after the Dispute arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding formally commenced after 1 year shall be forever barred.
The arbitrator shall follow WA substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.
We each agree not to pursue arbitration on a consolidated, representative or class-wide basis. We each agree that any arbitration will be solely between you and COMPANY and not brought on behalf of or together with another individual’s claim. If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this entire arbitration provision does not apply and the Dispute must be brought in court. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. This provision survives termination of your account or relationship with Diamond Solutions.
We each are responsible for our own costs relating to counsel, experts, and witnesses; however, COMPANY will pay the arbitration filing fee.
This provision is the entire arbitration agreement between you and Diamond Solutions and shall not be modified except in writing by COMPANY. COMPANY reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a Product through the Website, or use or attempted use of a COMPANY Product, is affirmation of your consent to such changes. Your continued use of the Website, purchase of a Product through the Website, or use or attempted use of a COMPANY Product, is affirmation of your consent to such material changes.
17.1 You shall not assign, transfer, charge or make over or purport to assign, transfer charge, or make over your rights under these Terms. Any purported assignment shall be null and void.
17.2 COMPANY shall not be liable to you nor held in breach of these Terms or the Agreement for any loss or damage which may be suffered as a direct or indirect result of COMPANY being prevented, hindered or delayed in the performance of any of its obligations by reason of any circumstances beyond COMPANY’ reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, or interruption in the supply of power, Internet communications, or materials. In any such event, we may elect to cancel your order and refund any payments made.
17.3 You acknowledge that these Terms supersede and cancel all previous representations, agreements and working arrangements whether oral or written, and whether express or implied. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
17.4 No relaxation, forbearance, delay or indulgence by either you or COMPANY in enforcing any of these Terms or the granting of additional time by either party to the other shall prejudice or restrict any rights and powers granted under these Terms or the Agreement.
17.5 No waiver of any term or condition of these Terms or the Agreement shall be effective unless made in writing and signed by COMPANY. The waiver of any breach of any Term or provision of the Agreement shall not be construed as a waiver of any subsequent breach or condition.
17.6 If for any reason COMPANY determines or a court of competent jurisdiction finds that any provision or portion of these Terms or the Agreement to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect in that jurisdiction and these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application.
17.8 In addition to any other rights and/or obligations that survive the termination of the parties’ relationship and/or your account, Sections 4, 7, and 8 through 16 above expressly survive termination of the parties’ relationship and/or your account.
17.9 Notwithstanding the terms above, certain provisions set forth herein, including the disclaimers of warranties and limitations of liability, shall not apply to New Jersey residents pursuant to the Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 to -18.