fsastore.com
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urlscan Pro
104.18.22.238
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Submitted URL: https://cdn.us1.exponea.com/health-ecommerce-prod/e/.eJyFj78uBFEUxkNIWIrNREXjAczeuffO3J2ZZAs8gkZMJuP-tWPnz2ZmiGU7jUq9EWy8gUK...
Effective URL: https://fsastore.com/terms-and-conditions.html?xnpe_tifc=xD4L4dQsx.h.bD_lxD4ubMpsafeWaeiWhF6JhkYp4IzphF1lOIo8xIbdx.eN...
Submission: On November 06 via api from RU — Scanned from DE
Effective URL: https://fsastore.com/terms-and-conditions.html?xnpe_tifc=xD4L4dQsx.h.bD_lxD4ubMpsafeWaeiWhF6JhkYp4IzphF1lOIo8xIbdx.eN...
Submission: On November 06 via api from RU — Scanned from DE
Form analysis 6 forms found in the DOM
<form class="cio-form" data-testid="cio-form"><label id="cio-autocomplete-1-label" for="cio-input"><input id="cio-autocomplete-1-input" aria-activedescendant="" aria-autocomplete="list" aria-controls="cio-autocomplete-1-menu" aria-expanded="false"
aria-labelledby="cio-autocomplete-1-label" autocomplete="off" role="combobox" class="cio-input" data-testid="cio-input" placeholder="Search Eligible Products" value=""></label><button class="cio-clear-btn" data-testid="cio-clear-btn" hidden=""
type="button" aria-label="Clear search field text">
<div class="cio-icon"><svg stroke="currentColor" fill="currentColor" stroke-width="0" viewBox="0 0 512 512" height="1em" width="1em" xmlns="http://www.w3.org/2000/svg">
<path d="M289.94 256l95-95A24 24 0 00351 127l-95 95-95-95a24 24 0 00-34 34l95 95-95 95a24 24 0 1034 34l95-95 95 95a24 24 0 0034-34z"></path>
</svg></div>
</button><button class="cio-submit-btn" data-testid="cio-submit-btn" disabled="" type="submit" aria-label="Submit Search">
<div class="cio-icon"><svg stroke="currentColor" fill="currentColor" stroke-width="0" viewBox="0 0 512 512" height="1em" width="1em" xmlns="http://www.w3.org/2000/svg">
<path
d="M505 442.7L405.3 343c-4.5-4.5-10.6-7-17-7H372c27.6-35.3 44-79.7 44-128C416 93.1 322.9 0 208 0S0 93.1 0 208s93.1 208 208 208c48.3 0 92.7-16.4 128-44v16.3c0 6.4 2.5 12.5 7 17l99.7 99.7c9.4 9.4 24.6 9.4 33.9 0l28.3-28.3c9.4-9.4 9.4-24.6.1-34zM208 336c-70.7 0-128-57.2-128-128 0-70.7 57.2-128 128-128 70.7 0 128 57.2 128 128 0 70.7-57.2 128-128 128z">
</path>
</svg></div>
</button></form><form class="cio-form" data-testid="cio-form"><label id="cio-autocomplete-0-label" for="cio-input"><input id="cio-autocomplete-0-input" aria-activedescendant="" aria-autocomplete="list" aria-controls="cio-autocomplete-0-menu" aria-expanded="false"
aria-labelledby="cio-autocomplete-0-label" autocomplete="off" role="combobox" class="cio-input" data-testid="cio-input" placeholder="Search Eligible Products" value=""></label><button class="cio-clear-btn" data-testid="cio-clear-btn" hidden=""
type="button" aria-label="Clear search field text">
<div class="cio-icon"><svg stroke="currentColor" fill="currentColor" stroke-width="0" viewBox="0 0 512 512" height="1em" width="1em" xmlns="http://www.w3.org/2000/svg">
<path d="M289.94 256l95-95A24 24 0 00351 127l-95 95-95-95a24 24 0 00-34 34l95 95-95 95a24 24 0 1034 34l95-95 95 95a24 24 0 0034-34z"></path>
</svg></div>
</button><button class="cio-submit-btn" data-testid="cio-submit-btn" disabled="" type="submit" aria-label="Submit Search">
<div class="cio-icon"><svg stroke="currentColor" fill="currentColor" stroke-width="0" viewBox="0 0 512 512" height="1em" width="1em" xmlns="http://www.w3.org/2000/svg">
<path
d="M505 442.7L405.3 343c-4.5-4.5-10.6-7-17-7H372c27.6-35.3 44-79.7 44-128C416 93.1 322.9 0 208 0S0 93.1 0 208s93.1 208 208 208c48.3 0 92.7-16.4 128-44v16.3c0 6.4 2.5 12.5 7 17l99.7 99.7c9.4 9.4 24.6 9.4 33.9 0l28.3-28.3c9.4-9.4 9.4-24.6.1-34zM208 336c-70.7 0-128-57.2-128-128 0-70.7 57.2-128 128-128 70.7 0 128 57.2 128 128 0 70.7-57.2 128-128 128z">
</path>
</svg></div>
</button></form>Name: email-signup —
<form role="form" class="c-email-signup__form js-email-signup-form" name="email-signup">
<div class="row justify-content-center c-email-signup__row">
<div class="col-12 col-md-5 col-lg email-description c-email-signup__col c-email-signup__col--description text-center text-md-left">
<div class="html-slot-container">
<h2 class="h5 c-email-signup__col__header">Get $15 off your first $125 order</h2> Sign up for discounts, special promotions, tips, and more!
</div>
</div>
<div class="col-12 col-md-7 col-lg c-email-signup__col">
<div class="input-group d-flex flex-nowrap align-items-start">
<div class="form-group c-email-signup__form__item w-100 js-form-group">
<label class="form-control-label c-email-signup__form__item__label" for="hpEmailSignUp"> Enter Email Address </label>
<input type="email" class="form-control c-email-signup__form__item__input js-email-signup" id="hpEmailSignUp" name="hpEmailSignUp" placeholder="Email" aria-label="Email" aria-describedby="email-signup-errors" required="">
<div id="email-signup-errors" aria-live="assertive" class="c-email-signup__form__error-msg invalid-feedback px-0 px-sm-2"></div>
</div>
<button type="submit" class="form-control-btn c-email-signup__form__item__btn subscribe-email text-white js-subscribeEmail" data-href="/on/demandware.store/Sites-FSASTORE-Site/default/EmailSubscribe-SubscribeEmail" data-source="2405983"
data-list="349625" data-default="Sign Up" data-success="Email Submitted"> Sign Up </button>
</div>
</div>
</div>
</form>Name: login-form — POST /on/demandware.store/Sites-FSASTORE-Site/default/Account-Login?rurl=1
<form action="/on/demandware.store/Sites-FSASTORE-Site/default/Account-Login?rurl=1" class="login" method="POST" name="login-form">
<div class="form-group hide-required-star required">
<label class="form-control-label" for="login-form-email"> Email </label>
<input type="email" id="login-form-email" required="" aria-required="true" class="form-control required" aria-describedby="form-email-error" name="loginEmail" value="" pattern="^[\w.%+-]+@[\w.-]+\.[\w]{2,6}$"
data-pattern-mismatch="Please enter a valid email address" data-missing-error="This field is required.">
<div class="invalid-feedback" id="form-email-error"></div>
</div>
<div class="form-group hide-required-star required">
<label class="form-control-label" for="login-form-password"> Password </label>
<input type="password" id="login-form-password" pattern="^(?=.*[a-z])(?=.*[A-Z])(?=.*\d)(?=.*[^\da-zA-Z]).{8,}$" required="" aria-required="true" class="form-control required" aria-describedby="form-password-error" name="loginPassword"
_ar_hide_="width:481px;height:46px;margin:0px;position:static;display:block;">
<div class="invalid-feedback" id="form-password-error"></div>
</div>
<div class="clearfix">
<div class="form-group custom-control custom-checkbox float-left remember-me">
<input type="checkbox" class="custom-control-input" id="rememberMe" name="loginRememberMe" value="true" checked="">
<label class="custom-control-label c-login-create__custom-control-label" for="rememberMe"> Remember me </label>
</div>
<div class="float-right c-login-create__forgot-password forgot-password text-right" _ar_hide_="width:120.078px;height:21.9688px;margin:0px;position:static;display:block;">
<a class="d-sm-none" href="/passwordreset" title="Forgot Password?">
Forgot Password?
</a>
<a id="password-reset" class="hidden-xs-down text-underline forgot-password" title="Forgot Password?" data-toggle="modal" href="/on/demandware.store/Sites-FSASTORE-Site/default/Account-PasswordResetDialogForm" data-target="#requestPasswordResetModal">
Forgot Password?
</a>
</div>
</div>
<input type="hidden" name="csrf_token" value="R0-22huTsTha-p6wAZOpNF0LnyjvXZw-CaL8KhbFgcQ-Yc6dc36DuT4i_lPxMtvi1H_5Yt7ZWMlDPOJW0Sx0T6oj1WaBm9WdIDei9a4FruRKD7f_rWs9f9s4P9ksF5_nOiIjdIzlS9HSJrWl1mI0TpT-gkCnceFLrb2zImYC0UKDDmFSK9Y=">
<div class="c-login-create__card__body--action">
<div class="text-center c-login-create__log-in-button-wrapper">
<button type="submit" class="btn btn-block btn-primary c-login-create__log-in-button-wrapper__button mb-3">
<span class="js-proceed-to-checkout-element d-none"> Sign In & Check Out </span>
<span class="js-signin-btn-element "> Sign In </span>
</button>
<div class="form-group mb-0 justify-content-center">
<a data-oauth-checkout-url="https://fsastore.com/on/demandware.store/Sites-FSASTORE-Site/default/Login-OAuthLogin?oauthProvider=GoogleFSA&oauthLoginTargetEndPoint=6" data-oauth-normal-url="https://fsastore.com/on/demandware.store/Sites-FSASTORE-Site/default/Login-OAuthLogin?oauthProvider=GoogleFSA&oauthLoginTargetEndPoint=6" href="https://fsastore.com/on/demandware.store/Sites-FSASTORE-Site/default/Login-OAuthLogin?oauthProvider=GoogleFSA&oauthLoginTargetEndPoint=6" class="c-login-create__google-button-wrapper mx-auto btn btn-block btn-light btn-google oauth-google" role="button" aria-pressed="true">
<svg class="c-icon--google" aria-hidden="true">
<use class="" xlink:href="/on/demandware.static/Sites-FSASTORE-Site/-/default/dw1f4ced60/svg/symbols.svg#svg-google"></use>
</svg>
Sign in with Google
</a>
</div>
</div>
</div>
</form>Name: email-form — POST /on/demandware.store/Sites-FSASTORE-Site/default/Account-PasswordResetDialogForm?mobile=
<form class="reset-password-form" action="/on/demandware.store/Sites-FSASTORE-Site/default/Account-PasswordResetDialogForm?mobile=" method="POST" name="email-form" id="email-form">
<div class="request-password-body" _ar_hide_="width:0px;height:0px;margin:0px;position:static;display:block;">
<h2 class="modal-title request-password-title c-quick-view__body__title">Forgot Your Password?</h2>
<p class="pt-2 c-quick-view__body__text"> Please submit the email address associated with your account to reset your password. </p>
<div class="form-group hide-required-star required reset-pass-form">
<label class="form-control-label" for="reset-password-email"> Email </label>
<input id="reset-password-email" pattern="^[\w.%+-]+@[\w.-]+\.[\w]{2,6}$" data-pattern-mismatch="Please enter a valid email address" data-missing-error="This field is required." type="email" class="form-control" name="loginEmail"
aria-describedby="emailHelp" placeholder="Email">
<div class="invalid-feedback" role="alert" id="emailHelp"></div>
</div>
</div>
<div class="send-email-btn text-center pt-2">
<button data-magicurl="/generate-password-magiclink" value="magic" type="submit" name="ml_button" id="magicLinkButton" class="btn btn-primary btn-block btn-short"> Send Magic Link </button>
</div>
<div class="send-email-btn text-center pt-2" id="passwordResetButton">
<button value="reset" type="submit" name="rp_button" id="submitEmailButton" class="btn btn-primary btn-block btn-short"> Reset Password </button>
</div>
</form>Name: dwfrm_profile — POST /on/demandware.store/Sites-FSASTORE-Site/default/Account-SubmitRegistration?rurl=1
<form action="/on/demandware.store/Sites-FSASTORE-Site/default/Account-SubmitRegistration?rurl=1" class="registration" method="POST" name="dwfrm_profile"
data-loyalty-sync-url="https://fsastore.com/on/demandware.store/Sites-FSASTORE-Site/default/LoyaltyProgram-SyncPoints">
<div class="row">
<div class="col-12">
<div class="form-group hide-required-star flex-column required">
<label class="form-control-label" for="registration-form-email"> Email </label>
<input type="email" class="form-control" id="registration-form-email" data-missing-error="This field is required." data-pattern-mismatch="Please enter a valid email address" data-range-error="Must be 50 characters or less."
aria-describedby="form-email-error" name="dwfrm_profile_customer_email" required="" aria-required="true" value="" maxlength="50" pattern="^[\w.%+-]+@[\w.-]+\.[\w]{2,6}$">
<div class="invalid-feedback" id="form-email-error"></div>
</div>
</div>
<div class="col-12 col-sm-6">
<div class="form-group hide-required-star flex-column required">
<label class="form-control-label" for="registration-form-password"> Password <span class="info-icon">
<svg class="c-icon--global-tool-tip mb-1" aria-hidden="true">
<use class="" xlink:href="/on/demandware.static/Sites-FSASTORE-Site/-/default/dw1f4ced60/svg/symbols.svg#svg-tooltip"></use>
</svg>
<span class="sr-only">Password Requirements</span>
<span class="tooltip d-none">
<ul>
<li class="mb-2">Minimum password length: 8 characters</li>
<li class="mb-2">Must contain letters</li>
<li class="mb-2">Must contain numbers</li>
<li class="mb-2">Letters must be mixed case (ex: HsA)</li>
<li class="mb-2">Minimum of 1 special character ($%/()[]{}=?!.,-_*|+~#)</li>
</ul>
</span>
</span>
</label>
<input type="password" class="form-control" id="registration-form-password" data-missing-error="This field is required." data-range-error="This field needs 8 to 255 characters" aria-describedby="form-password-error" autocomplete="off"
name="dwfrm_profile_login_password" required="" aria-required="true" value="" maxlength="255" minlength="8" pattern="^(?=.*[a-z])(?=.*[A-Z])(?=.*\d)(?=.*[^\da-zA-Z]).{8,}$"
_ar_hide_="width:0px;height:0px;margin:0px;position:static;display:block;">
<div class="invalid-feedback" id="form-password-error"></div>
</div>
</div>
<div class="col-12 col-sm-6">
<div class="form-group hide-required-star flex-column required">
<label class="form-control-label" for="registration-form-password-confirm"> Confirm Password </label>
<input type="password" class="form-control" id="registration-form-password-confirm" data-missing-error="This field is required." data-range-error="This field needs 8 to 255 characters" aria-describedby="form-password-confirm-error"
autocomplete="off" name="dwfrm_profile_login_passwordconfirm" required="" aria-required="true" value="" maxlength="255" minlength="8" pattern="^(?=.*[a-z])(?=.*[A-Z])(?=.*\d)(?=.*[^\da-zA-Z]).{8,}$"
_ar_hide_="width:0px;height:0px;margin:0px;position:static;display:block;">
<div class="invalid-feedback" id="form-password-confirm-error"></div>
</div>
</div>
<div class="col-12">
<div class="form-group small-bottom-indent hide-required-star flex-column">
<label class="form-control-label" for="phone"> Phone <em class="c-loginSlider-container__tab__em">(Optional)</em>
</label>
<input inputmode="numeric" type="text" class="form-control bigger-font-size" id="phone" name="dwfrm_profile_customer_phone" value="" maxlength="2147483647">
</div>
</div>
<!-- Only in FSA-->
<div class="col-12">
<div class="form-group hide-required-star flex-column">
<label class="form-control-label" for="deadline"> FSA Deadline <em class="c-loginSlider-container__tab__em">(Optional)</em>
</label>
<select class="form-control form-control-select" id="deadline" name="dwfrm_profile_customer_deadline" autocomplete="deadline">
<option id="" value="">
</option>
<option id="Deadline1" value="Deadline1"> January </option>
<option id="Deadline2" value="Deadline2"> February </option>
<option id="Deadline3" value="Deadline3"> March </option>
<option id="Deadline4" value="Deadline4"> April </option>
<option id="Deadline5" value="Deadline5"> May </option>
<option id="Deadline6" value="Deadline6"> June </option>
<option id="Deadline7" value="Deadline7"> July </option>
<option id="Deadline8" value="Deadline8"> August </option>
<option id="Deadline9" value="Deadline9"> September </option>
<option id="Deadline10" value="Deadline10"> October </option>
<option id="Deadline11" value="Deadline11"> November </option>
<option id="Deadline12" value="Deadline12"> December </option>
</select>
</div>
</div>
<!--/ Only in FSA-->
<input type="hidden" name="csrf_token" value="YwA6MKOzsrQ2haTg-3tPXiVq3IFf_s3ch8cDeebHptb1dKq48FxZEhRVoolz8mCgZhae2RojkErcHxQyWUf0Crt30kV_nHK7GVwztffzMe-inzs4CtggjlY3wxzeiBwrSm9T1shoiTdhjvrXgzqXe8P5CqueZavc_hRj49GxYVuHLhFwt0Y=">
</div>
<div class="js-signin-tc-element tc-acknowledge">
<div class="row mt-4 mb-4">
<div class="col-12 c-loginSlider-container__tab__terms">
<div class="form-group custom-control custom-checkbox">
<label class="" for="termsPolicy">
<div class="c-login-create__login-page__terms"> I've read, understand and agree to the <a class="c-login-create__login-page__terms__link" href="/terms-and-conditions.html" target="_blank"><u>Terms of Use</u></a> and
<a class="c-login-create__login-page__terms__link" href="/privacy-policy.html" target="_blank"><u>Privacy Notice</u></a>. </div>
</label>
<div class="invalid-feedback text-left isIconHide px-0"> Please accept the Terms of Use and Privacy Notice </div>
</div>
<div class="mb-3 form-group custom-control custom-checkbox c-login-create__keep-signed-in c-loginSlider-container__tab__checkbox keep-signed-in">
<input class="custom-control-input" type="checkbox" checked="" for="add-to-email-list" name="dwfrm_profile_customer_addtoemaillistsms" value="true" id="add-to-email-list-sms">
<label class="custom-control-label c-loginSlider-container__tab__checkbox--label" for="add-to-email-list-sms"> By entering my phone number, I agree to receive SMS messages with special offers, discount alerts, cart reminders, and FSA
deadline reminders. </label>
</div>
</div>
</div>
</div>
<div class="row">
<div class="col-12">
<div class="c-loginSlider-container__tab__perks__logo">
<a class="c-loginSlider-container__tab__perks__logo__link" href="/">
<svg class="c-icon--logo c-loginSlider-container__tab__perks__icon" aria-hidden="true">
<use class="" xlink:href="/on/demandware.static/Sites-FSASTORE-Site/-/default/dw1f4ced60/svg/symbols.svg#svg-logo-fsa-perks-navy"></use>
</svg>
</a>
</div>
</div>
<div class="col-12">
<div class="form-group custom-control custom-checkbox c-login-create__keep-signed-in c-loginSlider-container__tab__checkbox keep-signed-in">
<input type="checkbox" class="custom-control-input" id="add-to-email-list" name="dwfrm_profile_customer_addtoemaillist" value="true" checked="">
<label class="custom-control-label c-loginSlider-container__tab__checkbox--label" for="add-to-email-list"> Enroll in FSA Perks® to unlock member-only rewards and savings. I confirm that I have read, understand and agree to the
<a class="c-loginSlider-container__tab__checkbox__link" href="/fsa-perks-terms-and-conditions.html" target="_blank">FSA Perks® Official Rules, Terms & Conditions</a>. </label>
</div>
</div>
</div>
<div class="text-center c-login-create__create-account-btn-wrapper create-account-button-wrapper">
<button type="submit" class="btn btn-block btn-primary c-login-create__create-account-btn register-button"> Create Account </button>
</div>
</form>Text Content
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browsing, we consider that you accept our Cookie Policy, and also agree to the
terms of our Privacy Notice and Terms of Use.
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1. Home
2. Terms and Conditions
TERMS AND CONDITIONS
Last updated on September 16, 2024
Description of Services; Acceptance of Terms
Welcome to FSAStore.com. This website (the “Website”) is owned and operated by
FSA Store Inc. and/or one of its affiliates ("FSA Store",
"we", “our”, "us") and provides information and shopping
services for thousands of products intended to be eligible for purchase under
most flexible spending account plans or health savings account plans (each a
“Plan” and collectively, “Plans”). We provide products, services, tools and
features to you when you visit, interact with or shop with us, including but not
limited to your use of the Website, our mobile application, enrollment in our
Integration Services for Single Sign On, DirectPay or Balance Display or your
use of any software provided by us in connection with any of the foregoing
(collectively, the "Services"). By using the Services, you agree, on
behalf of yourself and all members of your household and others who use any of
the Services under your account, to the following terms of use and all other
terms and conditions or documents incorporated by reference herein, including,
without limitation, our Privacy Notice (collectively, these “Terms”).
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES CLAUSE THAT REQUIRES THE
USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS
ACTIONS OR JURY TRIALS. IF ANY OF THESE TERMS OR ANY FUTURE CHANGES (AS
DESCRIBED IN MORE DETAIL BELOW) ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE
TO USE THE SERVICES.
In addition to any other representations and warranties contained herein, you
represent and warrant that you have the right, authority and capacity to enter
into, and to be bound by, these Terms, and that your access to, and use of, the
Services shall be in compliance with these Terms in all respects, as well as any
other applicable laws, rules and regulations of any governmental authority,
wherever you are located.
Modification of Terms
We reserve the right to modify these Terms in our sole discretion from time to
time. We encourage you to review these Terms periodically for any updates or
changes. If we make a material change or amendment to these Terms, we will post
the new terms on the Website and note the date they were last updated. Any
changes or modifications will be effective automatically upon the posting of the
new terms as revised on the Website, and your use, or continued use, of the
Services following such posting will automatically constitute your acceptance of
the new terms. You agree that all agreements, notices, disclosures and other
communications we provide to you electronically satisfy any legal requirement
that such communications be in writing.
United States Operation and Governance
FSA Store Inc. is an entity located in the United States; the Services are
operated in the United States and governed by the state and federal laws of the
United States. The Services are therefore intended for access from, and use by
residents of, the United States only. If you are a resident of, or access the
Services from, a jurisdiction outside the United States, the laws of your
jurisdiction may be more or less strict than the laws that apply to the Services
and you therefore do so at your own risk and are responsible for compliance with
all applicable laws of such jurisdiction. We make no representation that the
Services or accompanying Content (as defined below) are appropriate or available
for use in other locations, and access to them from territories where their
content is illegal is prohibited. You may not use or export any Content in
violation of United States export laws and regulations. Information collected by
us may be stored and processed in the United States or any other country in
which we or our agents maintain facilities. By using the Services, you expressly
consent to any such transfer and storage of information outside of your country
of residence, where data protection laws may be different and/or less stringent.
We make no representation or warranty with respect to any duty to permanently
store any information you may provide. By using the Services and providing us
with information, you waive any claims that may arise under your own or any
other local or national laws, rules or regulations or international treaties. As
we allow advertising on the Services, we may also combine information we collect
online with information available from other sources, including information
received from our advertisers and promotional partners. The Privacy Notice
applies to your information for as long as your information is in our
possession, even if you terminate or discontinue your use of the Services.
Privacy Policy; Collection of Information
Please review our Privacy Notice, which also governs your access to, and use of,
the Services, to understand our practices regarding the types of information we
collect from you in connection with you access to, and use of, the Services, and
how we use that information.
SMS and Email Messaging Program Terms & Conditions
We offer access to products and services messages via recurring SMS (Short
Message Service) messages and emails (the “SMS and Email Messaging Program”).
Enrollment in the SMS messaging program requires you to provide your mobile
phone number with an area code within the 50 United States or the District of
Columbia and opt in. Enrollment in the email messaging program requires you to
provide an email address. By enrolling to receive text or email messages, you
agree to these terms and conditions, which become effective upon your
enrollment. You may be asked to verify your mobile phone number before the SMS
messaging program will start. This requires responding to a text sent to your
mobile phone confirming your enrollment in the SMS messaging program.
You acknowledge that messages will be sent to the mobile phone number and/or
email address you provide to us. Such messages may include personal information
about your product and service purchases or products and services that may be of
interest to you, and whoever has access to the mobile phone or carrier account
or email address may also be able to see this information. You acknowledge that
if you elect to receive sensitive personal information, you are (i) electing to
receive such information through an unencrypted method of communication, and
that (ii) information contained in an unencrypted email and/or text message is
at risk of being intercepted and read by, or disclosed to, unauthorized third
parties. Once you enroll, the frequency of text or email messages we send to you
may vary. You will typically receive browse and cart reminders as well as
messages when we have information for you about discounts or promotions for
products and services. We do not impose a separate charge for text messages;
however, your mobile carrier’s message and data rates may apply depending on the
terms and conditions of your mobile phone contract. You are solely responsible
for all message and data charges that you incur. Please contact your mobile
service provider about such charges.
You may opt out of text messages at any time. To stop receiving text messages,
reply STOP to unsubscribe. This will opt you out of any and all future text
messages. After you submit a request to unsubscribe, you will receive one final
text message confirming that you will no longer receive text messages. No
additional text messages will be sent unless you reactivate your enrollment in
the SMS messaging program. For questions about text messages, text us the word
HELP to receive assistance or contact Customer Service Team via phone at
888-372-1450.
The SMS messaging program is offered on an “as is” basis and: (1) may not be
available in all areas at all times; and (2) may not continue to work in the
event of product, software, coverage or other service changes made by your
mobile service provider. We may change or discontinue its SMS messaging program
without notice or liability to you. We and our related companies and each of
their respective officers, directors and employees are not responsible and shall
not be liable for any losses or injuries of any kind resulting, directly or
indirectly, from any SMS messaging program or from technical failures or delays
of any kind. We reserve the right to cease delivery of text messages to any
person at any time at our sole discretion.
Please review our Privacy Notice, which also governs your access to, and use of,
the SMS and Email Messaging Program, to understand our practices regarding the
types of information we collect from you in connection with your access to, and
use of, the SMS and Email Messaging Program, and how we use that information.
Services Intellectual Property; Services License; Services Access, Suspension
and Termination
Except with respect to the limited licenses granted herein, we retains all
right, title and interest in and to the Services, throughout the world,
including, without limitation, (i) all text, graphics, typefaces, formatting,
graphs, designs, editorial content, HTML, look and feel, software, and data,
(ii) all business processes, procedures, methods, and techniques used in the
Services, (iii) all other materials and content uploaded or incorporated into
the Services by or on behalf of us, including, without limitation, all Content
(defined below), and (iv) all associated trade secret rights and other
intellectual property and proprietary rights recognized anywhere in the world
(collectively, “Services IP”). The Services IP is protected in all forms, media
and technologies now known or hereinafter developed. Our ownership in and to
such Services IP includes the coordination, selection, arrangement and
enhancement of such Services IP as a Collective Work under the United States
Copyright Act, as amended.
We grant you a limited, revocable, non-exclusive, non-transferable,
non-assignable, non-sublicensable license to access and make personal use of the
Services solely as provided herein, subject to these Terms, and not for
redistribution of any kind (the “License”). This License does not include any
resale or commercial use of (i) the Services, (ii) any Account Data (defined
below), or (iii) any other content, materials, information, text, data,
copyrights, trademarks, logos, designs, insignia, images, photos, screenshots,
videos, graphics communications, posts, identifying marks, Website pages,
software, and other original works of authorship and/or intellectual property
uploaded to, or incorporated into, the Services by us or any third party acting
on our behalf or with our express permission (collectively, “Content”), which
Content is and shall remain the sole and exclusive property of us or the
applicable third party who has uploaded such Content to the Services and/or
granted us the right to use such third party owned Content on the Services, as
applicable. The Services and any Content (or portion thereof) may not be used,
modified, reproduced, duplicated, copied, published, distributed, downloaded,
sold, resold, transformed, redesigned, reconfigured, retransmitted, modified,
augmented, or otherwise exploited by you for any purpose without our express
prior written consent (or the consent or the applicable third-party owner of
such Content) in each instance. Violation of this Section may result in
infringement of intellectual property and contractual rights of us or other
third parties, which is prohibited by law and could result in substantial civil
and criminal penalties. Except as expressly set forth above, these Terms do not
grant you any express, implied or other license or right in and to any Content
or other intellectual property belonging to us or any other third party.
In addition to the foregoing, if any software is provided by us in connection
with the use of the Services, the use of such software shall be governed by a
software license agreement accompanying such software, if any, and you hereby
agree to comply with all of the terms and conditions included therein.
In certain instances, we may agree to provide you with access to secure,
password protected features of the Services. Such access is restricted to
authorized users only and any attempt by you to access these features without
authorization may subject you to criminal or civil liability. This License
terminates automatically upon any unauthorized use of the Services and we will
take appropriate investigative and legal action for any illegal or unauthorized
use of the Services.
We reserve the right, in our sole discretion and without notice or liability to
you, to suspend or terminate your use of, or access to, the Services or your
Account (defined herein), either in whole or in part, at any time, for any
reason, and with any conditions, including, but not limited to, if we believe in
good faith that you have violated or acted inconsistently with these Terms or
any applicable law, or that you have engaged in conduct that we determine to be
inappropriate or unacceptable. We reserve the right, in our sole discretion, to
terminate your access to the Services and your Account if you file any claim
against us or any claim that involves the Services. We also reserve the right,
at our sole discretion, to seek and obtain any other remedies available to us
pursuant to any applicable laws and regulations or at equity as a result of your
breach of these Terms or any other act or omission by you that gives rise to a
claim by us. If we terminate, limit, or suspend your right to use the Services
or your Account, you are prohibited from accessing the Services or registering
and creating a new Account under your name, a fake or borrowed name, or the name
of any third party, even if you may be acting on behalf of the third party,
without our prior written consent. In the event your right to use the Services
is terminated, limited, or suspended, these Terms will remain in effect and
enforceable against you.
You may terminate these Terms at any time by ceasing all use of the Services and
closing your Account as provided herein; provided, that all sections of these
Terms which by their nature should survive the expiration or termination shall
continue in full force and effect subsequent to and notwithstanding the
expiration or termination of these Terms.
We may in the future update the Services to change the material, Content and/or
features thereof at any time (an “Update”). We shall not be liable to you in any
way as a result of any temporary suspension of the Services arising from or in
connection with an Update. Furthermore, we are under no obligation to undergo an
Update of the Services to the extent any Content and/or other features or
material contained therein or related thereto is out of date. The terms of the
License granted to you pursuant to this Section shall apply in full to any
Update.
Your access to the Services may be interfered with by numerous factors outside
of our control including, but not limited to, telecommunications and/or wireless
network service disruptions, computer or mobile device viruses and bugs,
tampering, unauthorized intervention, fraud, technical failures, and server,
equipment or software defects. We are not responsible and will have no liability
for any failures of the Internet or any data or telecommunications equipment,
system or network used in connection with the Services. In addition, perfect
security does not exist on the Internet; we cannot and do not guarantee that any
Account Data (defined below) or other personally identifiable information
provided to us through your use of the Services will not become public under any
circumstances.
Prohibited Services Uses and Activities
You agree to access and use the Services solely in accordance with these Terms
and all applicable laws, rules and regulations, and solely through the interface
that is provided by us for use in accessing the Services. The License granted to
you pursuant to these Terms does not include, without limitation: (a) any resale
or commercial use of the Services or Content; (b) modification, adaptation,
translation, reverse engineering, decompilation, disassembly or conversion into
human readable form any of the Services or any Content not intended to be so
read, including use of or directly viewing the underlying HTML or other code
from the Services except as interpreted and displayed in a web browser; (c)
copying, imitating, mirroring, reproducing, distributing, publishing,
downloading, displaying, performing, posting or transmitting any Content in any
form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise; (d) the collection and use of any product
listings or descriptions on the Services; (e) making derivative uses of the
Services and/or any Content; or (f) the use of any data mining, bots, spiders,
automated tools or similar data gathering and extraction methods, directly or
indirectly, on the Services or to collect any Content or other information from
the Services or any other user of the Services. You may not use any Meta tags or
any other "hidden text" utilizing our service mark, trade name, trademark, or
product name without our express written consent.
By accessing and using the Services, you further agree not to do any of the
following:
* Upload to, distribute or otherwise publish or transfer through, the Services
or your Account, any content, materials or other information that is
unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory or otherwise objectionable, including, but not limited to, that
which advocates, endorses, condones or promotes racism, bigotry, hatred or
physical harm of any kind against any individual or group of individuals;
* Upload to, distribute or otherwise publish or transfer through, the Services
or your Account, any content, materials or other information that would
constitute or encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state,
national, or international law;
* Upload to, distribute or otherwise publish or transfer through, the Services
or your Account, any content, materials or other information that may
infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any third party (including rights of
privacy or publicity). By uploading any content, materials or other
information to the Services, you represent and warrant that you have the
lawful right to distribute and reproduce such content, materials and other
information;
* Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity, or allow others to impersonate you or misrepresent
their affiliation with you, including, without limitation, in connection with
the creation, access or use of an Account;
* Upload to, distribute or otherwise publish or transfer through, the Services
or your Account, any content, materials or other information that constitutes
charity requests, petitions for signatures, chain letters or letters relating
to pyramid schemes, advertising or solicitations for funds, political
campaigning, mass mailings, any form of unsolicited commercial email or
"spam," (regardless of whether the email itself complies with the
requirements of federal or state law for sending commercial email) or
offering or disseminating fraudulent goods, services, schemes or promotions;
and
* Upload to, distribute or otherwise publish or transfer through, the Services
or your Account, any harmful content of any kind, including without
limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots,
corrupted files, malware, spyware, bugs, or any other computer programming
routines or similar software that may damage, interfere with, surreptitiously
intercept, infiltrate, or expropriate any system, program, data or personal
information.
* Advertise or offer to sell any goods or services for any commercial purpose
through the Services, which are not expressly authorized by us in each
instance.
* Engage in any activities that constitute spamming, which is strictly
prohibited.
* Imply or state that any statements you make are endorsed by us, any third
party, or any other user, without our express prior written consent, or the
express prior written consent of such third party or user in each instance.
* Use a robot, spider, manual and/or automatic processes, or devices to
data-mine, data-crawl, scrape or index the Services in any manner.
* Hack or interfere with the Services, its servers or any connected networks.
* Adapt, alter, license, sublicense or translate the Services for your own
personal or commercial use.
* Remove or alter, visually or otherwise, any copyrights, trademarks or
proprietary marks and rights owned by us or any third-party owner or licensee
of any Content.
* Upload content, materials or other information that provides materials or
access to materials that exploit people under the age of 18 in an abusive,
violent or sexual manner.
* Use the Services to collect usernames and or/email addresses of other users
by electronic or other means.
* Use the Services in a manner which is false or misleading (directly or by
omission or failure to update information) or for the purpose of accessing or
otherwise obtaining our trade secret information for public disclosure or
other purposes.
* Register under different usernames or identities, after your Account has been
suspended or terminated or register under multiple usernames or identities.
* Cause or induce any third party to engage in the restricted activities above.
User Accounts; Account Data
In order to purchase products, you will have the option to checkout either by
using your Account Data (as defined below) or as a guest. If you choose to
checkout as a guest, any information that you provide to process your order is
subject to our Privacy Notice, which you should review for more information. In
order to utilize certain features on the Services you will be required to create
a user account (“Account”) and provide certain Account information, including,
without limitation, your name, email, address, phone number, certain information
regarding your Plan, account profile name, login password, and other information
that we may require from time to time (collectively, “Account Data”). Please
note that we only accept U.S. postal address and e-mail address information
since we currently only ship our products to physical addresses in the U.S.
(excluding P.O. boxes and Puerto Rico). Please see our Shipping and Returns
Policy for additional information. You agree to create only one unique Account
and that you shall be the sole authorized user of your Account. You further
agree to: (a) keep your Account Data true, accurate, current and complete at all
times (and will promptly update your Account Data as necessary from time to
time), (b) restrict access by any other person or entity to your password or
other login information, (c) not knowingly use the name, email or phone number
of any other person without authorization, (c) not use an email that is profane,
offensive or otherwise inappropriate, (d) not allow any third party to use your
login information, Account Data or Account, and (e) notify us of any breach of
security regarding your Account or Account Data. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your Account and refuse any and all
current and future use of the Services. Account Data and certain other
information about you is subject to our Privacy Notice, which you should review
for more information.
In connection with your Account, you represent and warrant that: (i) you are the
sole owner of all right, title and interest in, or have obtained all necessary
rights and licenses from the applicable owner of, any Account Data, materials or
other information you submit or upload onto the Services; (ii) such Account
Data, materials and other information, when used for the purposes in which it is
submitted onto the Services, does not infringe upon the rights of any third
party, including, without limitation, intellectual property rights, propriety
rights and rights of publicity/privacy; (iii) such Account Data, materials and
other information will not violate any law, statute, ordinance, or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising); (iv)
such Account Data, materials and other information will not be defamatory,
libelous, unlawfully threatening, or unlawfully harassing; (v) such Account
Data, materials and other information will not be obscene or contain child
pornography or be harmful to minors; and (vi) such Account Data, materials and
other information will not contain any viruses, Trojan Horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and (vii) such Account Data, materials
and other information will not create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or other partners or suppliers. You
acknowledge and agree that you shall be solely responsible for all Account Data,
materials and other information that you upload onto the Services and that we
reserve the right to reject, refuse, edit, modify, or remove all or a portion of
any such Account Data, materials or other information from the Services that we
determine, in our sole discretion, does not comply with these Terms, or for any
other reason, without notice or liability to you.
You are responsible for maintaining the confidentiality of your Account and
password and are fully responsible and liable for all activities that occur
under your password or Account, even if not committed by you. You agree to
immediately notify us of any unauthorized use of your password or Account or any
other breach of security by contacting us at privacy@fsastore.com. We are not
responsible for any loss or damage as a result of someone else using your
Account, Account Data or password with or without your knowledge. Any conduct by
you that in our sole discretion restricts or inhibits any other user from using
or enjoying the Services will not be permitted. You agree to use the Services
and your Account only for lawful purposes.
We may from time to time modify or add to the Account Data information fields
required to create or maintain your Account, and you agree to promptly complete
any such additional or modified information fields when requested by us. If you
fail to do so, we may terminate or suspend the use of your Account.
If you create an Account or accept these Terms on behalf of an entity or agency,
or in connection with providing or receiving services on behalf of an entity or
agency, you represent and warrant that you have the authority to act on behalf
of that entity or agency, and to bind that entity or agency to these Terms. In
such case, “you” and “your” will refer and apply to that entity or agency.
Services Use by Minors
The Services are not intended for or directed to persons who are minors
(typically persons under the age of 18, but in some cases older depending on the
defined age of majority under the applicable law of the jurisdiction of your
primary residence). Because we cannot prohibit minors from accessing the
Services, we must rely on parents and legal guardians to supervise minors and
decide which materials are appropriate for minors to view and/or purchase. By
accessing and using the Services, including, but not limited to, creating an
Account, purchasing products from us, or providing us with any information, you
represent and warrant to us that you are fully able and competent to enter into
these Terms and legally permitted to enter into a binding contract (i.e., you
have reached the legal age of majority under the applicable law of the
jurisdiction of your primary residence), or, if you are under the legal age of
majority, you have the express permission from your parent or legal guardian to
do so, and that any information you provide to us is not inaccurate, deceptive
or misleading.
We require that all purchases be made either (i) by individuals who are legally
permitted to enter into a binding contract (i.e., have reached the legal age of
majority under the applicable law of the jurisdiction of your primary
residence), or (ii) by minors with the express permission of a parent or legal
guardian to purchase items on the Website.
Interactive Areas
The Services may have (or we may in the future add) certain features and
functionalities (“Interactive Areas”) that enable you to “like”, “follow”,
comment on, review/rate, upload materials, or otherwise interact with, us,
certain Content, third party providers of products and services advertised or
offered for sale through the Services, or other users of the Services (e.g., via
message boards, news groups, forums, and dashboards). You agree to only use such
Interactive Areas in a manner that is relevant and appropriate to the applicable
forum that you shall not under any circumstances harass or make mischief against
any other user or person via any Interactive Areas. You further acknowledge and
agree that certain actions you take in connection with, or any communications,
content, materials or other information that you upload to, such Interactive
Areas may be publicly available to all other visitors and other users of the
Services, and that in certain instances, you may be publicly identified by your
Account username or login identifier.
You shall be solely responsible for all uses of the Interactive Areas on the
Services, and you agree to conduct yourself professionally, civilly and
respectfully at all times and in accordance with these Terms. You further
represent and warrant that you have the right and license to upload all
communications, content, materials and other information that you may provide to
the Interactive Areas (“User Content”) and that such User Content does not, and
will not, infringe upon the rights of any third party, including, without
limitation, intellectual property rights or the rights of publicity and privacy.
You retain all right, title and interest in and to any User Content that you
upload to the Services; provided, that you hereby grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable,
sublicensable (through multiple tiers) license to exercise all copyright,
publicity rights, and any other rights you have in such User Content, in any
media now known or not currently known in order to operate, perform, promote,
advertise, market, and improve upon the Services. You grant us and sublicensees
the right to use any information that you submit in connection with such
content, including, but not limited to your name.
You acknowledge and agree that User Content may become unavailable for any
number of reasons, including an operational glitch or the termination of your
Account. We recommend keeping a separate copy of your User Content since we
cannot guarantee that User Content will always be available.
You acknowledge and agree that we may establish general practices and limits
concerning use of the Services, including without limitation the maximum number
of days that User Content will be retained by or made available through the
Services and the maximum storage space that will be allotted on our servers on
your behalf. You agree that we have no responsibility or liability for the
blocking, deletion or failure to store any User Content maintained and
transmitted through the Services. You further acknowledge that we reserve the
right to change these general practices and limits at any time, in our sole
discretion, with or without notice to you.
You agree to indemnify and hold harmless FSA Store and its parents,
subsidiaries, affiliates, employees, agents and representatives from any claim,
action, demand, loss, or damages (including attorneys' fees) made or incurred by
any third party arising out of or relating to your conduct on, or any User
Content that you upload to the Services. You hereby acknowledge and agree that
we do not actively monitor or police the Interactive Areas or specific
interactions between users of the Services (and have no obligation to do so) and
you hereby disclaim and hold harmless FSA Store and its parents, subsidiaries,
affiliates, employees, agents and representatives from and against any and all
liability resulting from your use of any Interactive Areas, including, without
limitation, those with other user or persons. We take no responsibility and
assume no liability for any User Content posted or uploaded by you or any third
party to any Interactive Areas, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Notwithstanding the foregoing, we reserve the right to determine, in our sole
discretion, what constitutes harassment, mischief or inappropriate conduct, or
what violates these Terms or applicable law, and may also in our sole
discretion, partially or completely deny, suspend or terminate access to the
Services to any infringing party, and/or block, remove or edit any User Content
made by such infringing party. Additionally, we may access at any time and use
internally for any lawful purpose, information stored on our systems, including
information related to your use and interaction with any Interactive Areas. We
may disclose such information to any third-party including law enforcement
agencies to protect our rights or property in response to legal process, or in a
good faith belief that such disclosure is justified or required in an emergency
situation. We may investigate any reported violation of our policies or
complaints and take any appropriate action that we deem appropriate.
Product and Service Changes, Misprints, Errors, and Cancellations
Subject to applicable law, and notwithstanding any information, slogans, or
materials displayed on the Services, we: (a) reserve the right to change the
products and services advertised or offered for sale through the Services, the
prices or specifications of such products and services, and any promotional
offers and any other Content at any time and from time to time without any
notice or liability to you or any other person; (b) cannot guarantee that
products or services advertised or offered for sale on the Services will be
available when ordered or thereafter; (c) reserve the right to limit quantities
of products and services sold or made available for sale; (d) do not represent
or warrant that Content related to any products or services advertised or
offered for sale (including without limitation product descriptions or
photographs) is accurate, available, complete, reliable, current, or error-free;
(e) do not represent or warrant that any specific products or services
advertised or offered for sale through the Services, as of the time of purchase
or delivery, will in fact be an eligible product or service for purchase under
your Plan; (f) reserve the right to substitute a substantially similar product
of equal or greater value to fulfill your order; and (g) reserve the right to
cancel, to terminate, or not to process orders (including accepted orders) where
the price or other material information on the Services is inaccurate, when
potential fraudulent activity is detected or when we recognize abuse of these
Terms and our policies. If we do not process an order for such reason, we will
advise you that the order has been canceled and will either not charge you or
will apply credit to the payment type used in the order. Some jurisdictions may
not allow the exclusions and disclaimers of certain implied warranties, so some
of the provisions of this section may not apply to you. We have made reasonable
efforts to ascertain general eligibility of products and display accurately the
colors or appearances of the products on the Services. If a product offered on
the Services is not as described, your sole remedy is to return it in unused
condition for a refund.
We reserve the right to limit quantities of products and services purchased by
each user of the Services. In addition, we reserve the right to cancel any
order, or part of an order, or to refuse service to anyone for any reason. Such
reasons may include, but are not limited to, unauthorized coupon use, product
availability, and price discrepancy. We reserve the right to charge fees or
extra shipping charges for any product that is backordered. The posting of
prices on our Services is not an offer for sale of goods, and the order
confirmation is not an acceptance of an offer to purchase goods. The contract
for sale of goods between us and any user of the Services is not entered into
until we charge a valid credit card or otherwise accept payment.
Integration Services
Some users of Third-Party Administrator (TPA) services and websites (“TPA
Services”) may have the option to set up Single Sign On to access their Account
(“SSO User”). SSO Users are able to connect with and authenticate to the
Services through use of the TPA Services instead of logging into their Account
using their login and password. To enroll in SSO, you may be required to sign up
or log into the TPA Services on its respective website or application.
Some users of Third-Party Administrator (TPA) services and websites (“TPA
Services”) may also have the option to set up DirectPay to make purchases from
the Website without having to provide credit card information (“DirectPay
User”). DirectPay Users are able to connect with and authenticate to the
Services through use of the TPA Services instead of logging into their Account
using their login and password and make purchases on the Website using the
healthcare card administered by their TPA without having to input such card
information. To enroll in DirectPay, you may be required to sign up or log into
the TPA Services on its respective website or application.
Some users of Third-Party Administrator (TPA) services and websites (“TPA
Services”) may also have the option to set up Balance Display to view their
healthcare card account balance on the Website while shopping for eligible
products and services (“Balance Display User”). Balance Display Users are able
to connect with and authenticate to the Services through use of the TPA Services
instead of logging into their Account using their login and password and view
their healthcare card account balance while shopping for eligible products and
services on the Website. To enroll in Balance Display, you may be required to
sign up or log into the TPA Services on its respective website or application.
By enrolling in SSO, DirectPay or Balance Display (collectively, the
“Integration Services”) you consent to us providing certain user information to
the TPA and the TPA providing certain user information to us. You further grant
us and the TPA permission to access or otherwise process such information for
the purposes of enabling the Integration Services. When using the Integration
Services, your payment may be processed by the TPA, or its designated processor,
and not by us. If you are enrolled in the Integration Services, you acknowledge
that your use of such TPA Services is governed solely by the terms and
conditions and privacy notice of such TPA. We do not endorse, are not liable
for, and make no representations as to the TPA Services, or the manner in which
such TPA Services use, store, or process your data. We are not liable for any
damage or loss arising from or in connection with your enablement of such TPA
Services. We are not responsible or liable for any changes to or deletion of
your data as a result of, or in connection with the Integration Services. The
availability of the Integration Services may depend on the availability of the
TPA Services and their features and functionality. You understand and agree that
we do not control the TPA Services features and functionality, and TPA Services
may change without any notice to us. If any TPA Services stop providing access
to some or all of certain features or functionality, we may stop providing
access to certain features and functionality of the Integration Services. We
will not be liable to you for any refunds or any damage or loss arising from or
in connection with any such change made by the TPA Services.
Releases; Disclaimer of Warranties; Limitation of Liability
FSA STORE RESERVES THE RIGHT TO CORRECT ANY INACCURACIES, ERRORS, OR OMISSIONS
AND DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY,
AVAILABILITY OR COMPLETENESS OF ANY CONTENT AND ANY USER CONTENT, INCLUDING BUT
NOT LIMITED TO THE SUBSTANCE, ACCURACY, OR SUFFICIENCY OF ANY SERVICE OR PRODUCT
INFORMATION LISTED ON THE SERVICES. FSA STORE DOES NOT WARRANT OR REPRESENT
THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, NOR DO WE PROVIDE
ANY ASSURANCES OF THE AVAILABILITY OR USABILITY OF THE SERVICES OR ANY
CONTENT.
YOUR ACCESS AND USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS
EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. FSA STORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIALS OR INFORMATION UPLOADED BY
ANY USER IN CONNECTION WITH ANY INTERACTIVE AREAS PROVIDED THROUGH THE SERVICES,
OR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES. FSA STORE ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR INFORMATION STORED THEREIN. FSA STORE DOES NOT WARRANT, ENDORSE,
GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FSA STORE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER FSA STORE NOR ITS
AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE
UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR
AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY
CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH
THE USE OF THE SERVICES.
NEITHER FSA STORE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER FSA STORE NOR ITS
AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS,
TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT FSA STORE IS ONLY WILLING TO PROVIDE THE SERVICES
IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD FSA STORE, ITS AFFILIATES, ITS LICENSORS, ITS
PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR
ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”)
THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY
OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT
LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR
OMISSION OF ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY FSA
STORE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL FSA STORE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF
SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR
PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY
TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FSA STORE DOES NOT ACCEPT ANY
LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE
SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT
FSA STORE OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES,
ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS,
CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE
AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EXCEED THE TOTAL PURCHASE PAID BY YOU TO FSA STORE FOR PRODUCTS AND
SERVICES OFFERED THROUGH THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE
TIME SUCH CLAIM AROSE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL
CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH
SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
YOU AND FSA STORE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE
WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR FSA
STORE WILL 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 OR FSA STORE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE
CAPACITY. YOU AND FSA STORE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED,
CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN
CONSENT OF YOU, FSA STORE, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Indemnification
In addition to any other indemnification obligations set forth in these Terms,
you hereby agree to indemnify, defend and hold harmless, FSA Store and its
directors, officers, employees, affiliates, content partners, vendors, third
party licensors, distributors, advertisers, and other contracting parties,
together with their respective directors, officers, employees, successors,
assigns, consultants and other agents, from and against any and all losses,
liabilities, damages, costs or expenses (including reasonable attorneys’ fees
and costs) arising out of or in connection with any claim, action, or proceeding
brought by a third party based on: (i) your use of, or inability to use, the
Services; (ii) any breach of any representation, warranty, covenant or
obligation of yours under these Terms; (iii) any Account Data or content,
materials and other information uploaded by you to any Interactive Areas of the
Services; (iv) your violation of any applicable law, rule or regulation in
accessing and using the Services; or (v) your violation of any third party
right, including, but not limited to, any intellectual property right or right
of privacy/publicity related to your access and use of the Services. FSA Store
shall promptly notify you of any such claim, and you shall assume control of the
defense of such claim upon FSA Store’s request. FSA Store reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to your indemnification. You will not, in any event, settle
any claim or matter without the written consent of FSA Store.
User Reviews and Feedback
We are pleased to hear from our users and welcome your comments, reviews and
feedback regarding our products and the Services. You may post reviews of
products or services, comments, suggestions, feedback, or other material (each a
"Submission") so long as the content of your Submission is not unlawful,
threatening, abusive, spiteful, defamatory, invasive of privacy, obscene,
profane, sexually explicit, fraudulent or otherwise objectionable or injurious
to third parties (including, but not limited to, any content that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate applicable law). You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of your
Submission. We reserve the right (but not the obligation) to monitor, edit and
remove any Submission but do not regularly review each posted Submission.
By posting or sending us any Submission, you grant us and our subsidiaries a
non-exclusive, royalty-free, perpetual, and irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Submission throughout the world in any
media. You also grant us and our subsidiaries the right to use the name you
submit in connection with such Submission.
By posting or sending us a Submission, you represent and warrant that you own or
otherwise control all of the rights to the content in your Submission, that the
content you provide is accurate, and that use of the content in your Submission
does not violate these Terms and will not cause injury to any person or entity.
You agree to indemnify us against all claims and liabilities resulting from your
Submission. We do not take any responsibility and assume no liability for any
Submission posted by you or any other person or entity.
We do not investigate any feedback statements posted by users of the Services
for accuracy or reliability but may do so if we receive a request from a
Services user. We are not legally responsible for any Submission made to the
Services, even if that information is defamatory or otherwise legally
actionable. In order to protect the integrity of the Services, we reserve the
right (but are under no obligation) to remove posted Submissions that, in our
sole discretion, violate these Terms. You acknowledge and agree that you will
promptly notify us of any error or inaccurate statement in your Submission, and
that if you do not do so, we may rely on the accuracy of such information.
Copyright Infringement Complaints
The service marks and trademarks of FSA Store, including without limitation FSA
Store and Caring Mill are service marks owned by FSA Store. Any other
trademarks, service marks, logos and/or trade names appearing via the Services
are the property of their respective owners. You may not copy or use any of
these marks, logos or trade names without the express prior written consent of
the applicable owner.
We respect the intellectual property of others and expect Services users to do
the same. If you believe that your copyrighted work has been copied in a way
that constitutes copyright infringement and is accessible on the Services, the
you may request that we remove or disable the material by submitting written
notification to our Copyright Agent (contact information below), in accordance
with the Digital Millennium Copyright Act of 1998 (DMCA). Pursuant to section
512(c)(3) of the DMCA, such written notice must include substantially the
following:
* A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
* Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material.
* Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted.
* A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
* A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate
circumstances, disable and/or terminate the Accounts of users who are deemed to
repeatedly infringe upon copyrights.
Our Copyright Agent for notice of claims of copyright infringement on the
Services can be reached as follows:
Copyright Agent - FSA Store Inc.
5473 Blair Rd.
Suite 100
PMB 24308
Dallas, Texas 75231
copyright@fsastore.com
Please note that this procedure is exclusively for notifying us that your
copyrighted material has been infringed.
Confidentiality
For purposes of these Terms, “Confidential Information” means any trade secrets
or non-public, proprietary information and data of FSA Store or any other
Services user, whether or not marked as proprietary and confidential, including,
without limitation, information relating to the business, affairs or operations
of FSA Store or any other Services user, financial data, business plans or
strategies, methodologies, programs, concepts, strategies, materials, research,
product plans, products, developments, marketing, customer data, technology,
inventions, processes, intellectual property (including, without limitation, any
patents, copyrights, trademarks, trade names, trade secrets, trade dress, moral
rights, and any applications related thereto), design techniques, employee
information, competitor lists, and any and all other information not generally
ascertainable from the public or published information, which is disclosed to,
received by, or obtained from any source by you pursuant to or as a result of
these Terms, or your access to and use of the Services. You agree that, without
the prior written consent of FSA Store, you will not disclose or use for your
own purposes any Confidential Information. You further agree that you will take
all reasonable precautions to protect Confidential Information directly
disclosed to you, using at least the same standard of care as you use to
maintain the confidentiality of your own Confidential Information.
Notwithstanding the foregoing, you may disclose Confidential Information to the
extent required by operation of law, or by a court or governmental agency, or if
necessary in any proceeding to establish rights or obligations under these
Terms; provided that you will, unless legally prohibited, provide FSA Store
with reasonable prior written notice sufficient to permit FSA Store an
opportunity to contest or limit the nature of such disclosure. You shall
promptly notify FSA Store in writing of any circumstances which may constitute
unauthorized disclosure, transfer, or use of Confidential Information. If you
commit, or threaten to commit, a breach of this Confidentiality section, FSA
Store will have the right to seek injunctive relief from a court of competent
jurisdiction.
Promotional Codes and other Offer Terms
Each offer is subject to the specific terms and conditions stated on the offer
(if any) as well as these general terms and conditions. Offers expire at 5:59 am
ET on the date stated in the offer. Offers cannot be combined. Only offers
provided or promoted by us on valid marketing materials will be honored. Offers
are valid for one single purchase per customer during the term. Offers are not
valid on items not in stock at time of purchase. Offers are non-transferable and
cannot be redeemed for cash or a cash equivalent. Offers are valid for United
States residents only. If using a discount code, Customer must click to activate
or enter the offer code at checkout to apply the offer to the current purchase.
Offers cannot be applied to previous or future purchases. Discounts are applied
pre-tax and cannot be applied to shipping charges or taxes. Discounts will be
allocated proportionally among all items in your order. We may revoke all or a
portion of an offer that we believe is the result of misuse or fraudulent
activity and reserves the right, in its sole discretion, to terminate or modify
an offer at any time. The following exclusions apply: 23andMe, Medela Sonata™
Smart Breast Pump, Miku Smart Baby Monitor, Willow Wearable Double Electric
Breast Pump, Owlet Smart Sock Baby Monitor-3rd Generation, Owlet Monitor Duo:
Smart Sock 3 plus HD Video Camera, Owlet Dream Sock, Owlet Dream Duo, Mira
Fertility Plus Starter Kit, Mira Fertility Plus Replacement Test Wands, 20 ct.,
Hi-Tech Baby Bundle, Elvie Double Electric Breast Pump, Willow Go™ Wearable
Hands-Free, Cord-Free Double Electric Breast Pump, Eko Duo ECG Plus Digital
Stethoscope, A&D Wrist Blood Pressure Monitor, AliveCor KardiaMobile Personal
EKG, AliveCor KardiaMobile Personal EKG 6L, Aura Pulse Comprehensive Health
Tracker, Therabody PowerDot UNO Blue 2.0, Therabody RecoveryAir JetBoots,
Therabody Wave Duo, Therabody TheraCup, TheraBody RecoveryTherm Hot Vibration
Back and Core, Therabody Wave Solo, Therabody Bundle, Abbott BinaxNow Covid-19
Antigen Self Test, Aura Recharge and Recover Bundle, Lexie B2 Powered by Bose
Self-fitting OTC Hearing Aids, Lexie B1 Powered by Bose Self-fitting OTC Hearing
Aids, HP Hearing Pro Self-Fitting OTC Hearing Aids, and purchases from FSA Store
Optical.
Refer a Friend Offer Terms
As a Refer-a-Friend member (a “Referrer”), you are subject to these Terms, as
well as the following additional terms and conditions for our Refer-a-Friend
program:
Qualified Referral. A Qualified Referral is defined as a first purchase made on
our Website by a person (a "Referred Customer") who arrives at our Website by
clicking a Refer-a-Friend program link. You are limited to one Qualified
Referral for each Referred Customer; in other words, additional/repeat purchases
made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same
person (for example, by using a different email address) and the Referred
Customer must have not shopped on our Website before to qualify as a Referred
Customer.
Referral Rewards. For you to earn referral rewards as a Referrer, you must have
a loyalty account and be logged into your account when sending the referral
email or link to the Referred Customer. The Referred Customer must create an
account with us upon receiving the referral email or link and must make a
purchase while logged in to that account for the Referrer to receive Referral
Rewards. Referrers will receive five hundred (500) Loyalty Points (a
fifteen-dollar ($15) value) and Referred Customers will receive fifteen dollars
($15) off their first purchase of one hundred twenty-five dollars ($125) or more
for each Qualified Referral. See additional terms and exclusions for Referral
Rewards above.
Liability. As a Referrer, you are responsible for all tax liability resulting
from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. Our Refer-a-Friend
Program cannot be used by businesses for affiliate lead generation or posted on
discount sites.
Compliance with Law. As a Referrer, you agree to comply with all up-to-date
laws, including, but not limited to the CAN SPAM Act. Any distribution of your
unique referral link that could constitute unsolicited commercial email or
"spam" under any applicable law or regulation is expressly prohibited and will
be grounds for immediate termination of your account and exclusion from our
Refer-a-Friend program.
Right to Close Accounts. We reserve the right to close the account(s) of any
Referrer and/or Referred Customer and to request proper payment if the Referrer
and/or Referred Customer attempts to use our Refer-a-Friend program in a
questionable manner or breaches any of these Terms or is in violation of any
law, statute or governmental regulation.
Right to Cancel Program or Change Terms. We reserve the right to cancel our
Refer-a-Friend Program or to change these Terms at any time in our sole
discretion. Any unclaimed referral rewards will be forfeited at that time.
Special Promotions
We may from time to time provide certain promotional opportunities, sweepstakes
and contests to Services users. All such promotions will be run at our sole
discretion, and can be activated, modified or removed at any time by us without
advance notification. Our liability, and the liability of any of our partners
pursuant to such promotional opportunities, sweepstakes and contests shall be
limited pursuant to the limitations of liability set forth in these Terms.
Governing Law Disputes; Arbitration
These Terms shall be governed by the internal laws of the State of Texas,
without reference to its choice of law provisions. Any dispute relating in any
way to your access to, or use of, the Services, these Terms (including our
Privacy Notice), our advertising or solicitation practices, or the products you
purchase through the Services, shall be submitted to confidential arbitration in
Dallas, TX, USA, except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court in the City of Dallas
and State of Texas, USA and you irrevocably consent to exclusive personal
jurisdiction and venue in such courts. Arbitration shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration shall be joined to an arbitration involving any other party subject
to these Terms, whether through class arbitration proceedings or otherwise.
Shipping Address
To make purchases on the Website, you must have a valid shipping address in the
United States.
Collection of Sales Tax
In states where we have no physical presence, we are not required to collect and
remit sales tax for purchases unless required by such state’s tax laws. However,
if a state does not require this, it may still require that their residents file
a sales or use tax return for items purchased on the Services. You should
consult your state and local tax laws to determine compliance with tax laws and
regulations in your area. For those states that do require it, we collect and
remit sales tax. For purchases where sales tax is applicable you will see the
tax calculated on the checkout page before you are asked to confirm the
purchase. We use reasonable commercial efforts to calculate and remit the
correct amount of tax required on each taxable purchase, but we do not guarantee
the accuracy of the amount of the tax we represent to you as the tax owed. Minor
errors may occur owing to the inability to accurately track multiple taxing
districts, state and local “tax holidays,” the timing of rate changes or the
application of certain taxes to categories of items we sell. As a result of any
error, we may over collect or under collect your tax. In consideration of our
allowing you access to and use of the Services, and in collecting and remitting
taxes required on your purchases, you hereby waive your right to claim that the
tax collected on any purchase is incorrect in any respect and agree to hold us
harmless, our officers, directors, employees, agents and representatives, for
any harm or other damages you may incur as a result of our error in calculating
the taxes you owe for your purchases.
Miscellaneous
These Terms constitute the entire agreement between you and FSA Store with
respect to the subject matter hereof.
Except as explicitly stated otherwise, any notices to FSA Store shall be sent by
certified mail, return receipt requested, to 5473 Blair Road, Suite 100, PMB
24308, Dallas, Texas 75231 with a copy via electronic mail
to legal@fsastore.com, including any questions you may have about the terms and
conditions of use set forth in these Terms.
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If any provision of these
Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of these
Terms remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Services or these Terms must be filed within one year after such
claim or cause of action arose or be forever barred. These Terms may not be
assigned or transferred by you without our prior written approval. The section
titles in these Terms are for convenience only and have no legal or contractual
effect.
COPYRIGHT NOTICE. Copyright @ 2023 FSA Store Inc. All rights reserved. Any
rights not expressly granted herein are reserved.
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