This website is operated by LAB-O Corp, the owner of TJzBalm™ and throughout, the terms TJzBalm™ and LAB-O Corp are used synonymously. Throughout the site, the terms “we”, “us” and “our” refer to LAB-O Corp (“TJzBalm™”). LAB-O Corp (TJzBalm™) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
How We Collect InformationWe may collect personal information from various sources, including:
- Directly from you, at your direction or with your consent
- Through our Site and other connected devices
- From our vendors, partners and other sources, including online and offline data
- Information provided as part of our referral program
- From other platforms that you may use to engage with us
- Automatically, from devices that you use to connect to our Site
Type of Information We CollectThe types of personal information we may collect include:
- Contact information, such as name, email address, postal address, and phone number
- Demographic information, such as date of birth, gender, and zip code
- Shopping behavior or preferences
- Billing and shipping information
- Geolocation data
- Username and password for the account you may create with us
- Photographs, comments, or other content you submit to our Site
- Content you make available through social media accounts (e.g., when you sign on using social media plug-ins)
- Details about devices used to access our websites (such as IP address, browser information, device information, and operating system information)
- We may also collect certain information about the use of our websites, mobile apps, social media presence, and internet-enabled services and platforms by automated means, such as cookies, web beacons and other technologies
How We Use Your InformationWe may use the information we collect to deliver the products you request, to maintain and customize your account and our interactions with you, and to provide, maintain, and improve our Site. We also use the information we collect to:
- Communicate with you about our Site, including to tell you about products and services that may be of interest to you
- Analyze and enhance our communications and strategies (including by identifying when emails have been received and read)
- Facilitate your engagement with the Site, including to enable you to post comments and reviews
- Offer promotions
- Conduct or administer surveys and other market research
- Protect against, identify, investigate, and respond to fraud or other illegal activity.
- Respond to requests, questions and comments
- Tailor the content we display to Site users in our communications, and in connection with the use of our Site
- Provide you with newsletters, articles, and other information that may be of interest to you
From time to time, we may use or augment the personal data we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties. For example, we may use such third-party information to confirm contact or financial information or to better understand your interests by associating demographic information with the information you have provided.
We may also aggregate any personal information that we collect in connection with our Site, such that the information is no longer personally identifiable or attributable to you. We may use such aggregated information for our own legitimate business purposes without restriction.
How We Share Your InformationWe may share the information we collect with:
- Internal groups within our company
- With service providers that perform services on our behalf, such as those that provide shipment and payment services, customer service, and marketing support
- With select partners as a part of co-sponsored promotion
- To other third parties with your consent and at your direction
Please note when you provide a product review or other user content, that content will be publicly posted. Other users may be able to see your name or other information about you that you post.
We may also disclose personal information to comply with a legal or regulatory obligation, protect and defend our rights or property, protect the safety of Site users or the public, or to protect against legal liability.
We do not knowingly collect personal information from children under age 13. If we learn that we have collected personal information from a child under the age of 13, we will delete that information.
Your Rights and Choices
You may have certain rights in connection with your personal information, including the right to request access to your personal information or correct mistakes in our records. We will respond to your request in writing, or orally if requested, as soon as practicable. We may request proof of identification to verify your request. For more details in relation to your rights, including how to exercise them, please contact us at firstname.lastname@example.org.
Cookies and Advertising
We, our service providers, and our business partners may also collect certain information about the use of our Site by automated means, such as cookies, web beacons and other technologies.
We and our service providers and business partners may collect information about Site users’ online activities over time and across third-party websites. Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.The information that may be collected by automated means includes:
- URLs that refer users to our Site
- Search terms used to reach our Site
- Details about the devices that are used to access our Site (such as IP address, browser type, and operating system information)
- Details about users’ interaction with our Site (such as the date, time, frequency, and length of visits, and specific pages accessed during the visits)
Some of our business partners that collect information about your activities on our Site may be members of organizations or programs that provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising. For example, you may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly-titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
You may stop sharing your location data by adjusting your mobile device’s location services settings. For instruction on changing the relevant settings, please contact your service provider or device manufacturer.
Links to Other Websites and Third-Party Content
International Data Transfers
How We Protect Information
We maintain administrative, technical and physical safeguards designed to protect personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Despite such efforts, however, please note that no organization can fully eliminate risks or guarantee the security of personal information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time, and we bear no liability for uses or disclosures of personal information or other data arising in connection with theft of the information or other malicious actions.
Content Submitted by You
Some features of the Site allow you to post content on our Site or social media pages, such as photos. Content that you provide may be shared publicly or with other users or third parties.
California Privacy RightsUnder California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer data, which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like information identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and the contact information for such affiliates and/or third parties, please submit a written request to the following address: email@example.com.
TERMS AND CONDITIONS
You agree to these Terms by using the Site, and you understand and agree that LAB-O Corp (TJzBalm™) will treat your use of the Site as acceptance of these Terms.These Terms will remain in effect throughout your use of the Site. These Terms may be amended in our sole and absolute discretion from time to time. The most current version of these Terms will be posted on the Site and you accept these Terms by using the Site. Please check the Site regularly to view our current Terms and Conditions.
- You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer services to any person or entity and change our eligibility criteria at any time.
- We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
- You are solely responsible for ensuring that your use of the services complies with all laws, rules and regulations applicable to you.
Restrictions on Use
- Restrictions. Except as otherwise provided herein, you shall not yourself, or permit or assist any person to:
- Copy, sell, transfer, sublicense, publish, or otherwise distribute or dispose of the Site
- Modify, decode, reverse-engineer, decompile, or disassemble the Site, in whole or in part;
- Take any action that imposes an unreasonable load on the Site’s infrastructure
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site
- Delete or alter any material we or any other person or entity posts on the Site; or
- Otherwise take any action in violation of our guidelines and policies.
- Ownership by LAB-O Corp, TJzBalm™ and the Site contains material, including but not limited to software, text, graphics, trademarks and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You may not mirror or frame this website for rebroadcast or for any other purpose; or alter any files or content of this website. You have no rights to the Content, and you will not use, copy or display the Content, without our prior written consent. If given prior written consent, you must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
- Intellectual Property Rights. The trademarks, service marks, and logos of LAB-O Corp (the “TJzBalm™ Trademarks”) used and displayed in connection with the services are registered and unregistered trademarks or service marks of LAB-O Corp (“TJzBalm™”). Other company, product, and service names located on the Site or otherwise used in connection with the services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with LAB-O Corp, the TJzBalm™ Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Site without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any LAB-O Corp (“TJzBalm™ Trademarks”) as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any LAB-O Corp (“TJzBalm™ Trademark”) shall inure to our benefit.
- With respect to the Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know is false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
- The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags or tagging the @TJzBalm account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in TJzBalm™ emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Site and similar promotional purposes, including after your termination of your account. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
- By uploading any User Content you hereby grant and will grant TJzBalm™ and its successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Site, in any form, medium or technology now known or later developed, and including after your termination of your account or use of the Site. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint TJzBalm™ as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
- You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal processes, applicable laws or government requests; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of TJzBalm™, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Shared User Content
- Except where prohibited by applicable law, we may use your “Shared User Content” including, but not limited to testimonials, comments and/or images made or posted on behalf of our product(s) in connection with publicizing and promoting TJz Balm™. We may use your name and initials that are associated with this Shared User Content on the TJz Balm™ website or on third party apps and/or websites. You acknowledge and agree that TJz Balm™ and its parent corporation LAB-O Corp has permanent authorization to copy, exhibit, publish or distribute this Shared User Content for purposes associated with marketing TJz Balm™. Shared User Content may be used in printed publications, multimedia presentations, on websites or in any other distribution media. As a User of the TJz Balm™ website and/or third party apps/websites where you share content about our products, you and any persons acting on your behalf agree that no monetary or other claim or demand will be made against TJz Balm™ and its parent corporation for the use of this Shared User Content.
DMCA and IP Infringement
- DMCA. If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- TJzBalm™’s DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached at support@TjzBalm.com.
- In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Sites
- TJzBalm™ may provide content of third parties ("Third-Party Content") or links to external sites (“Third-Party Sites”) as a service to those interested in this information. TJzBalm™ does not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third-Party Content or Third-Party Sites does not imply any association or relationship between TJzBalm™ and such third party. TJzBalm™ does not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site. TJzBalm™ is not responsible for updating or reviewing Third-Party Content or Third-Party Sites. You use Third-Party Content and Third-Party Sites at your own risk.
- You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. We are not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available on or through any Third-Party Sites.
- Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
- All prices displayed on TJzBalm.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TJzBalm™.
- The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through TJzBalm™ are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from TJzBalm™ it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
- All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. TJzBalm™ does not give or intend to give any answers to medical related questions and the Site does not replace any medical professional or medical resource.
- The products available on the Site, including any samples TJzBalm™ may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from TJzBalm™. TJzBalm™ reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by TJzBalm™ in its sole discretion.
- Except where prohibited by law, TJzBalm™ may limit the number of products available for purchase.
Payments and Ordering
- You agree to provide accurate and up-to-date payment information at the time you order any product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
- You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of products. In rare cases, a product may be in stock when you place the order and sold out, by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some products for sale before they have been manufactured or arrive at our warehouse. When you preorder these products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
- Unless otherwise specified, prices quoted are exclusive of:
- the costs of shipping or carriage to the agreed place of delivery; and
- value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order.
- We may offer subscription services that may consist of an initial one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring plan, you acknowledge and agree that (a) TJzBalm™ or our Third-Party Payment Processor is authorized to charge you on a recurring basis (e.g. 4 weeks) for as long as your subscription continues and (b) Your subscription is continuous until you cancel it or we suspend or stop providing access to the Site or Products. You may cancel your subscription at any time by emailing us at Support@TJzBalm.com. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment. Scroll down for complete Terms and Conditions of the TJz Balm™ "Subscribe & Save" Subscription Program.
- All orders of products must be for your personal use only. By purchasing products, you hereby agree not to resell or distribute such products for any commercial purposes. All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
"Subscribe & Save" Subscription Program
- Welcome to the Terms and Conditions for TJz Balm™ subscription program called “Subscribe & Save,” offered by LAB-O Corp (“we” or “LAB-O”). If you enroll in the TJz Balm™ “Subscribe & Save” program by selecting “Subscribe & Save,” renewal orders will be automatically generated for you, according to your chosen renewal schedule. Your subscription will remain in effect until it is cancelled or suspended by LAB-O Corp. You may cancel the automatic orders up to 5 business days before your next shipment, through your My Account Page.
- To purchase TJz Balm™ on an automatic renewal basis, please select "Subscribe & Save” and select your desired renewal schedule (e.g. 4 weeks) on the Product Page.
- When you checkout, you will be asked to create an account or to log into your existing account. Then check out as usual. Your order information will be on your Account Page, along with your renewal schedule. You may change your future orders, renewal schedule and account information at any time through your My Account Page. You may cancel or revise your “Subscribe & Save” ordering at any time up to 5 business days before a new shipment is scheduled, through your My Account page. Please note it will take 1 or 2 days for any changes to be effective. Please note that if you cancel the program before the first recurring order you will be charged a one time fee, to make up for the difference of the subscription discount.
- Your credit card or PayPal account (if selected) will be charged the “Subscribe & Save” price, plus any applicable sales tax. Currently, free shipping is offered to all subscribers and there is no sales tax. You must have a valid credit card or PayPal account associated with your “Subscribe & Save” orders, as well as a valid email address for us to contact you, in order to participate in the TJz Balm™ “Subscribe & Save” program. By choosing a “Subscribe & Save” program, you acknowledge and agree that (a) TJzBalm™ or our Third-Party Payment Processor is authorized to charge you on your chosen recurring basis for as long as your subscription continues (b) Your subscription is continuous until you cancel or we suspend the program and (c) If you cancel the program before the first recurring order your credit card will be charged a one time fee, to make up for the difference of the subscription discount.
- A reminder email of your next “Subscribe & Save” order will be sent to you about 5 business days before we ship your next order. The email will remind you of the order and how you can cancel or modify your subscription order. Any cancellation or modification must be made and saved on your My Account Page at least 5 business days before the next scheduled shipping date. You will not be able to cancel or modify an order after that. However, you can modify future scheduled shipping dates through your My Account page.
- You will be sent an email notice that your order was shipped along with an USPS tracking number, or if an order was not shipped for any reason, such as a credit card decline or product unavailability. Your “Subscribe & Save” orders will be cancelled if we are unable to contact you by email, or if your credit card (or PayPal account) is declined after 3 attempts.
- Your “Subscribe & Save” order will remain in effect until it is cancelled. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your subscription. All recurring payments are fully earned upon payment.
- If you cancel the subscription and then you re-enroll in “Subscribe & Save”, any discount applied to the original subscription may be different than any discounts available at the time you re-enroll.
- LAB-O Corp reserves the right to change the TJz Balm™ “Subscribe & Save” terms and conditions, including the pricing, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions. Your continued participation in the subscription program after we change any terms constitutes your acceptance of the changes. If you do not agree to these changes, you must cancel your subscription through your My Account page. We hope that you enjoy the TJz Balm™ “Subscribe & Save” program and the cost savings of the program. If you have any questions, contact us at firstname.lastname@example.org.
- As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Product DeliveryYour order will be fulfilled by the delivery date set out in your order confirmation or, if no delivery date is specified, then within 30 days after the date of the order confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
- Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will contact you. Products comprised within the same order cannot be delivered to different addresses.
- The product(s) ordered will be at your risk from the time you receive the product(s). Ownership of the product(s) ordered will also pass to you upon your receipt of the product(s), provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.
- If any product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
- Please note, some of our products can only be shipped throughout contiguous USA and cannot be shipped to addresses in Alaska or Hawaii due to federal regulations. All orders containing Hazardous Materials must be shipped via standard ground shipping methods and cannot be shipped via expedited shipping methods.
Limitation of Liability and Disclaimer of Warranties
- Except as otherwise provided by us in writing, LAB-O Corp, TJzBalm™, and our respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “TJzBalm™ parties“) make no warranties or representations about the content or the site, including but not limited to the site’s accuracy, reliability, completeness, timeliness or reliability. The TJzBalm™ parties shall not be subject to liability for the truth, accuracy or completeness of the content or the site or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.
- The TJzBalm™ parties do not warrant that the site will operate error free or that the site, its servers, or the content are free of computer viruses or similar contamination or destructive features. If your use of the site or the content results in the need for servicing or replacing equipment or data, no TJzBalm™ party shall be responsible for those costs.
- Except as otherwise provided by us in writing, the content and the services are provided on an “as is” and “as available” basis without any warranties of any kind. The TJzBalm™ parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third-parties rights, and fitness for particular purpose.
- In no event shall any TJzBalm™ party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such TJzBalm™ party has been advised of the possibility of such damages, or for any direct damages.
- Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the TJzBalm™ parties shall be limited to the greatest extent permitted by law. Nothing in these terms affects any legal rights and remedies you have under local law.
- To the extent permitted by law, you shall indemnify, defend, and hold LAB-O Corp, TJzBalm™, and its Representatives harmless from any and all claims, liability, expenses, fines and penalties, including reasonable attorneys’ fees and costs, arising out of any claim that the Site infringes any applicable law, or with respect to any breach of these Terms or Your use of the Site (collectively referred to as “Claims”). You shall reasonably cooperate as requested by LAB-O Corp (TJzBalm™) in the defense of any Claims. LAB-O Corp (TJzBalm™) reserves the right, in its sole and absolute discretion and at its own expense, to assume the exclusive defense and control of any Claims. You waive any sovereign, governmental, or similar immunity with respect to the foregoing indemnification obligation, and any other obligation set forth in these Terms.
Arbitration and Class Action WaiverPLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LAB-O Corp (TJzBalm™) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
- You and LAB-O Corp (TJzBalm™) agree that any dispute arising out of or related to these terms or our services is personal to you and LAB-O Corp (TJzBalm™) and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Except for small claims disputes in which you or LAB-O Corp (TJzBalm™) seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or LAB-O Corp (TJzBalm™) seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and LAB-O Corp (TJzBalm™) waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against LAB-O Corp (TJzBalm™) or relating in any way to the services, you agree to first contact LAB-O Corp (TJzBalm™) and attempt to resolve the claim informally by emailing us with a notice of your claim inserted into the body of the email at support@TJzBalm.com. Both parties shall acknowledge receipt of this correspondence. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and LAB-O Corp (TJzBalm™) cannot reach an agreement to resolve the claim within thirty (30) days after such notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Boca Raton, Florida or may be conducted telephonically or via video conference for disputes alleging damages less than $500, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and LAB-O Corp (TJzBalm™) agree that these Terms affects interstate commerce and that the enforceability of this Section titled Arbitration and Class Action Waiver will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitrator, LAB-O Corp (TJzBalm™) and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and LAB-O Corp (TJzBalm™) agree that for any arbitration you initiate, you will pay the filing fee and LAB-O Corp (TJzBalm™) will pay the remaining JAMS fees and costs. For any arbitration initiated by LAB-O Corp (TJzBalm™), LAB-O Corp (TJzBalm™) will pay all JAMS fees and costs. You and LAB-O Corp (TJzBalm™) agree that the state or federal courts of the State of Florida and the United States sitting in Boca Raton, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any claim arising out of or related to these Terms or our Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and LAB-O Corp (TJzBalm™) will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section titled Arbitration and Class Action Waiver by emailing email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section titled Arbitration and Class Action Waiver 1.
- If any portion of this Section titled Arbitration and Class Action Waiver is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section titled Arbitration and Class Action Waiver or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section titled Arbitration and Class Action Waiver; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section titled Arbitration and Class Action Waiver is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section titled Arbitration and Class Action Waiver will be enforceable.
- We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms) without prior notice or liability, including the right to reject any order you place for the purchase of products, which may result in the forfeiture and destruction of all information associated with your account. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
Choice of Law, Compliance with Applicable Laws
- Choice of Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Boca Raton, Florida.
- You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
- The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any LAB-O Corp (TJzBalm™) products to countries or persons prohibited under the export control laws.
- Rights of Third Parties. These terms shall not create any rights or benefits which are enforceable by anyone other than you and LAB-O Corp (TJzBalm™).
- Severability. Should any provision(s) of these Terms be deemed unenforceable by a court, arbitrator, or other tribunal of competent jurisdiction, it shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and the remaining provisions of these Terms shall remain in force and enforced to carry out the intentions of the parties as set forth herein.
- Waiver. Neither the failure nor any delay on the part of you or LAB-O Corp (TJzBalm™) to exercise any right, remedy, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude other or further exercise of the same or any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be binding unless executed in writing by the party making the waiver.
- Headings. The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
- Free Shipping promos cannot be combined with other offers.
If you have any questions, requests or complaints regarding these Terms & Conditions, please contact us at firstname.lastname@example.org.
AFFILIATE PROGRAM TERMS & CONDITIONS
Eligibility for the TJz Balm™ Affiliate Program
To participate in the TJz Balm™ Affiliate Program, you must register through our Affiliate Portal, at https://tjzbalm.com/affiliates. LAB-O Corp reserves the right, in its sole discretion, to accept or reject any registration in the TJz Balm™ Affiliate Program for any reason. Affiliates must be at least 18 years old in order to participate in the TJz Balm™ Affiliate Program.
You will receive commission for qualified purchases at TJzBalm.com. The percentage of commission may change at any time and without notice.
"Qualified Purchases" mean customers referred by you to TJz Balm™ who: (1) click on your unique tracking link or code; (2) within thirty (30) days of clicking on your unique tracking link, successfully purchase, TJz Balm™.
Commissions earned on purchases become payable 30 days after the referred customer becomes a Qualified Purchase. Your total commission amount must equal or exceed twenty US Dollars ($20) before receiving a payment from LAB-O Corp. If your total commissions for a given month are less than $20, payment will be held until the total commissions equal or exceed $20.
If at any time a Qualified Purchase files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in LAB-O Corp’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Purchase’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
Commission payments will be paid in US Dollars via PayPal electronic payment. You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the first Friday of each month.
After reaching $500 in earned commissions, you must provide LAB-O Corp a completed Form W-9, via email to email@example.com. You will be deemed to have permanently waived all rights to future Commissions if you fail to submit a completed Form W-9 to LAB-O Corp. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by LAB-O Corp.
LAB-O Corp reserves the right to request documentation in order to approve your account. These requests may be made during the TJz Balm™ Affiliate Program registration process or at any time while you have an active account in the TJz Balm™ Affiliate Program. If requests for documentation are not responded to in a timely manner, LAB-O Corp reserves the right to terminate, deactivate, or not approve your account.
You shall bear your own costs and expenses related to marketing and promoting TJz Balm™. LAB-O Corp is not obligated to reimburse or credit you for any marketing expenses. If LAB-O Corp does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of TJz Balm™ or its website and social media branding. Affiliates shall not copy TJz Balm™ website or any portions thereof, including, without limitation, any of TJz Balm™ trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without LAB-O Corp's prior express written consent.
- Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the TJz Balm™ Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from LAB-O Corp.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s purchase link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to TJz Balm™ servers. Any modification to the links is the sole responsibility of the Affiliate. Purchase fees may be withheld, as determined in LAB-O Corp’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use TJz Balm™ trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from LAB-O Corp.
- Affiliates shall not use TJz Balm™ trademarks or misspelled keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to TJz Balm™ website.
- Affiliates shall not engage in domain forwarding (e.g. purchasing a domain and setting it to forward directly to TJz Balm™ website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of TJz Balm™ or LAB-O Corp, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting TJz Balm™.
- Affiliates shall make clear that they, not TJz Balm™, are the sender of all marketing communications related to the promotion of TJz Balm™.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding TJz Balm™ without the express written consent of LAB-O Corp.
- Affiliates shall not use malware or spyware to market or promote TJz Balm™.
In LAB-O Corp’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the TJz Balm™ Affiliate Program at any time. You may discontinue your participation in the TJz Balm™ Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, TJz Balm™ / LAB-O Corp’s systems will retain Your account and personal information. By terminating your participation in the TJz Balm™ Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
Relationship between you and TJz Balm™/ LAB-O Corp
Neither these Terms & Conditions nor your participation in the TJz Balm™ Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and TJz Balm™/ LAB-O Corp.
During the term of these Terms & Conditions and for one (1) year after it has expired or been terminated, You agree that You will not disparage TJz Balm™ / LAB-O Corp, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect TJz Balm™ / LAB-O Corp’s reputation. Under these Terms & Conditions, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about TJz Balm™ / LAB-O Corp, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms & Conditions, the absence of which would have resulted in LAB-O Corp refusing to enter into this agreement.
Assumption of Risk
You are solely responsible for ensuring that your participation in the TJz Balm™ Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the TJz Balm™ Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LAB-O CORP, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE TJZ BALM™ AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LAB-O CORP SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE TJZ BALM™ AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, LAB-O CORP SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE TJZ BALM™ AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, LAB-O CORP’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless TJz Balm™ / LAB-O Corp, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms & Conditions by you or arising from or related to your use or misuse of the TJz Balm™ Affiliate Program.
Third Party Rights
The sections titled Limitation of Liability and Indemnification are solely for the benefit of TJz Balm™ / LAB-O Corp and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms & Conditions is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms & Conditions without LAB-O Corp's prior written consent.
Unlawful Activity; Termination of Access
LAB-O Corp reserves the right to investigate complaints or reported violations of these Terms & Conditions and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. LAB-O Corp may discontinue your participation in the TJz Balm™ Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the TJz Balm™ Affiliate Program. YOU WAIVE AND HOLD HARMLESS TJz Balm™ / LAB-O CORP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Remedies for Violations
TJz Balm™ / LAB-O Corp reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
Governing Law and Jurisdiction; Disputes and Arbitration
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms & Conditions, any of LAB-O Corp’s policies, or the TJz Balm™ Affiliate Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Palm Beach County, Florida unless you and LAB-O Corp agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing LAB-O Corp from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
YOU AND LAB-O CORP EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF LAB-O CORP AND ALL PARTIES TO ANY SUCH PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement; Severability of Provisions; No Waiver
The TJz Balm™ Affiliate Program’s Terms & Conditions constitute the entire agreement with respect to participation in the TJz Balm™ Affiliate Program. If any provision of these Terms & Conditions is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Changes to the TJz Balm™ Affiliate Program’s Terms & Conditions
TJz Balm™ / LAB-O Corp may review and update these Terms & Conditions at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the TJz Balm™ Affiliate Program following the posting of revised Terms & Conditions means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
If you have questions or concerns regarding the TJz Balm™ Affiliate Program’s Terms & Conditions, you may contact us at:
LAB-O Corp, Inc.
PO Box 1778
Boca Raton, FL 33429
The statements made on this website have not been evaluated by the U.S. Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from your health care providers. Please consult your health care provider about potential interactions or other possible complications before using this or any other topical pain relief product. TJz Balm™ is for the temporary relief of minor aches and pains of muscles and joints. Warning: For external use only When using this product •use only as directed •do not get into eyes or mucous membranes •do not apply to wounds or damaged skin •do not cover with bandage or apply heat Stop use and ask a doctor if •condition worsens •redness or skin irritation occurs •symptoms persist for more than 7 days or clear up and occur again within a few days If pregnant or breast feeding, or if you have sensitive skin, ask a health professional before use. Keep out of reach of children. If swallowed, get medical help or contact a Poison Control Center immediately. Flammable: Keep away from excessive heat or open flame. Allergy alert: If you are allergic to aspirin or salicylates, consult a doctor before use.