1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE TheraFun PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THE TheraFun PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE PLATFORM. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

TheraFun MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with TheraFun or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms by this reference, describes the collection, use, and further processing of personal information through our website. Notwithstanding anything else to the contrary contained in these Terms, TheraFun’s use of any personal information (e.g., name, address, etc.) you provide shall be governed by our Privacy Policy. For further information regarding TheraFun’s processing of your personal information, please refer to our Privacy Policy, available at HTTPS://INFO.THERAFUNSHOP.COM/LEGAL/PRIVACY-POLICY or, as applicable, the local version available at the bottom of the regional Site.

You are expected to check this page from time to time to take notice of any changes TheraFun has made, as they are binding on you. The Terms were updated as of September 27, 2023 and will be in effect immediately.


2. USE AND RESTRICTIONS.

Our website is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that TheraFun, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of our website.

You agree not to:

resell for commercial purposes products purchased, or as applicable;

modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

use, frame or utilize framing techniques to enclose any TheraFun trademark, logo or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without TheraFun’s express written consent;

collect or use any product listings or descriptions; or

use any meta tags or any other “hidden text” utilizing a TheraFun name, trademark, or product name without TheraFun’s express written consent.

When using the website, you may not:

breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer or database connected to our Platform;

transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;

use any data mining, robots, or similar data gathering and extraction methods from the Platform;

access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms,

attack our Platform via a denial or service attack or distributed denial or service attack.

forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform;

Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.


3. TRADEMARK

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Platform are proprietary to TheraFun or such Marks' respective owners. You may not display or reproduce TheraFun Marks other than with the prior written consent of TheraFun, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of TheraFun or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TheraFun.


4. YOUR ACCOUNT

If you purchase products or services using the Platform, you may be prompted to establish an account with TheraFun, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.

You agree to immediately notify TheraFun of any unauthorized use of your password or account or any other breach of security by contacting us directly. We have the right to disable any account or password at any time, for any reason. 

You acknowledge and agree that TheraFun may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if TheraFun is required to do so by law or legal process or if TheraFun determines, in its sole discretion, that such action is necessary to protect the rights of TheraFun, third parties, and other users of the Platform or for purposes of responding to your request for customer service.


5. TERMS OF SALE

All product sales are governed by any terms of sale that may be posted on our website. You should refer to our “Help” section at the bottom of the home page and related pages on the Platform to learn more about the applicable terms, product warranties, our return and exchange policies (the “RETURN POLICIES”), payment options and shipping terms (collectively the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in TheraFun’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

Discount and loyalty programs offered by TheraFun are subject to change and may have additional terms and conditions that apply.

Unless otherwise provided for in a separate discount or loyalty program agreement: (1) TheraFun may restrict the types of acceptable payment used in connection with an applicable discount, for example, a debit or credit card may be required; and (2) you may not resell any product purchased with your applied discount. TheraFun reserves, and you acknowledge and agree that TheraFun has, the absolute right to deny use of an applicable discount or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.


6. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from TheraFun either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.

You agree that TheraFun may use and/or disclose information consistent with the Privacy Policy.


7. SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a "Submission") and through the services available in connection with the Platform, and that you, and not TheraFun, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. 

When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:
 

• use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by TheraFun;

• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

• take any action that imposes or may impose (in TheraFun’s sole discretion) an unreasonably or disproportionately large load on TheraFun’s infrastructure;

• attempt to gain unauthorized access to TheraFun computer network or user accounts

• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

• attempt to damage, disable, overburden, or impair TheraFun servers or networks;

• fail to comply with applicable third party terms

• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• use racially, ethnically, or otherwise offensive language;

• discuss or incite illegal activity

• use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

• post anything that exploits children or minors or that depicts cruelty to animals

• post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);

• disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation

• use any robot, spider, scraper or other automated means to access the Platform; and

• alter the opinions, goals, profiles or comments posted by others on the Platform.

This list of prohibitions provides examples and is not complete or exclusive. TheraFun reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services) and (iii) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that TheraFun determines is inappropriate or disruptive to this Platform or to any other user of the Platform and/or services.