Terms of service
Terms of Service
Last updated: April 21, 2026
Welcome to the theascendskin.com website (the "Website").
1. GENERAL
1.1 The Website of ASCEND Skin ("ASCEND Skin") is an e-commerce platform created, developed and managed by ASCEND Skin. ASCEND Skin provides the content and services available on the Website to you subject to the following terms and conditions and our Privacy Policy and other terms and conditions and policies which you may find throughout our Website in connection with certain functionalities, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.2 THE SECTIONS BELOW TITLED "APPLICABLE LAW, JURISDICTION, CLASS ACTION WAIVER, JURY TRIAL WAIVER" CONTAINS A BINDING JURY TRIAL WAIVER CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1.3 To make a purchase on the Website, you must be 18 years old or the age of consent in your jurisdiction of residence. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept these Terms and Conditions in your name and on your behalf. If you are the parent or legal guardian of a minor using the Website, you acknowledge, and further agree that you agree to these Terms and Conditions on behalf of the aforementioned minor and yourself. This Website is not directed to children under 13 years old. If you are under 13 years old, you may browse our Website. However, you may not provide personal information to us nor register on the Website.
By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.
1.4 These Terms and Conditions create a contract between the customer ("Customer" and/or "you") and ASCEND Skin. The Customer is an end consumer, a person (and not a company) who purchases ASCEND Skin's products and services (the "Products and Services") for any purpose other than professional use, resale or distribution. We reserve the right, with or without notice, to cancel or reduce the quantity of any order of Products and Services that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. Any purchase made for the purpose of professional use, resale or distribution is strictly prohibited. Anyone who does not fall within the definition of a Customer should contact ASCEND Skin at info.atyko@gmail.com to obtain further information about the purchase of Products and Services by professionals or companies.
1.5 We recommend that you read these Terms and Conditions carefully before placing an order on the Website. By placing an order on our Website, you agree to be contractually bound to ASCEND Skin and to be subject to the provisions of these Terms and Conditions and, where applicable, to those specific terms and conditions that apply to certain ASCEND Skin Products and Services. In addition, you accept ASCEND Skin's Privacy Policy, which applies generally to any use of the Website. ASCEND Skin reserves the right to modify these Terms and Conditions at any time and at its sole discretion. The modified provisions of the Terms and Conditions will take effect on the date of the "Last update" indicated at the bottom of this page and will apply to any new offer or order placed, regardless of the prior relationship between ASCEND Skin and the Customer. Unless proven otherwise, any data recorded on the Website constitutes proof of all transactions between ASCEND Skin and the Customer.
2. ORDERS AND PAYMENT
2.1 Orders are placed by Customers on our Website.
2.2 ASCEND Skin only accepts orders for delivery in countries where ASCEND Skin sells on its Website. The list of eligible countries may be subject to change by ASCEND Skin. Orders for countries not included in this list cannot currently be fulfilled by ASCEND Skin.
2.3 The prices are shown in US Dollars (USD) and are quoted including or excluding taxes depending on your address of delivery. Orders are payable in USD and no exception will be made.
2.4 The Customer must verify that the details of its order and the prices mentioned are correct at the time of validating the shopping cart. Once the order has been placed, it cannot be modified, and the Customer will be responsible for its order. An order placed will be followed by electronic confirmation of the order by ASCEND Skin to the email address provided through the order (the "Order Confirmation"). The Order Confirmation confirms receipt of the order by ASCEND Skin but not its acceptance. ASCEND Skin reserves the right to accept or refuse an order, after it has been placed, at any time and for any reason, including the reasons mentioned below.
2.5 ASCEND Skin reserves the right to change the price of the Products and Services at any time and to correct any pricing errors. When the prices displayed on the Website for Products and Services are incorrect, ASCEND Skin reserves the right to refuse or cancel orders for those Products and Services, even if the Customer has received an Order Confirmation and/or if payment has been made for the order. If the Customer has paid for an order at an incorrect price and the order is canceled, ASCEND Skin will refund the amount paid to the Customer.
2.6 If the Customer provides incorrect information during the order, delays in processing are to be expected. ASCEND Skin will not be responsible for any delay caused by the Customer. ASCEND Skin also reserves the right to cancel or refuse any invalid or incomplete order (e.g., invalid or missing email and/or billing or postal address, lack of essential information), in case of the Customer's insolvency or if there have already been payment issues or conflicts with the Customer. In this case, a notification email of order cancellation or refusal will be sent to the Customer.
2.7 The Customer acknowledges that the Products and Services that are offered for sale on the Website are subject to availability.
2.8 In the event of unavailability of Products and Services, ASCEND Skin undertakes to make its best efforts to inform the Customer before the Order Confirmation is sent. In case of cancellation because of temporary or permanent unavailability, we undertake to give you a full refund as quickly as possible.
2.9 To prevent fraud, ASCEND Skin reserves the right to (i) request additional information from a Customer and/or (ii) reduce an abnormally high quantity of ordered Products and Services. Orders exceeding normal limits are subject to cancellation. If you have any questions, please reach out to us by email at info.atyko@gmail.com
2.10 Various secure payment methods are available for the purchase of Products and Services available on the Website, such as payment by debit or credit card such as Visa, Mastercard or American Express, Google Pay and ShopPay. The list of the different payment methods may be modified at any time by ASCEND Skin. The Customer will only be charged once the order is received by ASCEND Skin, and the Customer has received the Order Confirmation by email. ASCEND Skin will not fulfill any Products and Services orders until it has confirmed and received full payment.
2.11 Online payment uses SSL protocol, which offers maximum security. The information transmitted is entirely coded, is not seen or stored and is not shared with anyone.
2.12 All Products and Services should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions.
3. SHIPPING AND DELIVERY
3.1 Shipping costs are not included in the price.
3.2 Display price and final check out price may vary according to where you decide to ship your order.
3.3 Delivery times will vary according to the destination and type of delivery. ASCEND Skin cannot be held responsible for any delays in delivery.
3.4 For US based customers, all our packages to U.S. based Customers are shipped via USPS Ground. For this reason, the delivery may take up to 3-6 business days. ASCEND Skin DOES NOT ship to PO boxes or APO/FPO addresses in the US. Orders placed on a Friday will be processed on a Monday, unless it is a bank holiday.
3.5 The delivery dates indicated in the Order Confirmation are indicative and may vary if an event independent of ASCEND Skin occurs, such as a delay caused by the carrier responsible for delivery or due to the Customer's location. If the estimated delivery dates cannot be met, ASCEND Skin will contact the Customer to propose alternative delivery dates. Moreover, if the delivery does not take place within thirty (30) days of the date of the Order Confirmation, the Customer is entitled to cancel its order and will be refunded the amount of the canceled order as well as any fees related to a chosen non-standard delivery method. Please be advised that ASCEND Skin cannot be held responsible for lost packages or delays for all non-tracked deliveries although we will do our best to sort them out with the carrier.
Once an order has been placed, the shipping option cannot be modified.
Your order will be shipped to the delivery address you have provided.
Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.
3.6 Delivery will be deemed to have been made when the Products and Services are delivered by the carrier, under its sole responsibility, to the address indicated by the Customer. In case of a problem with the delivery, ASCEND Skin will contact the carrier to conduct an investigation that can take up to thirty (30) days. After this time, ASCEND Skin will make a decision based on the results of the investigation and at its sole discretion.
3.7 If no one is available at the Customer's address to receive the delivery, the carrier will either leave a delivery notice containing instructions for the Customer to pick up the order at a nearby collection point or the carrier will leave the order in the Customer's mailbox, or with a doorman or outside the Customer's residence, whichever is applicable. Please also note that tracked deliveries that are returned because they cannot be delivered because of a Customer's absence will be shipped again at the Customer's expense or cancelled. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at info.atyko@gmail.com.
If the Customer cannot pick up the order at the collection point or does not accept rescheduling of the delivery, ASCEND Skin reserves the right to cancel the order, refund the Customer, and put the Products and Services back on sale.
3.8 Without prejudice to the legal warranty of the Products and Services resulting from local applicable law, the Customer must verify the conformity of the ordered and delivered Products and Services upon receipt of the order. If the Products and Services and/or their packaging is damaged at the time of delivery or if the Products and Services are non-compliant with the Order Confirmation, it is solely the responsibility of the Customer to refuse delivery and to inform ASCEND Skin immediately. Any Products and Services that are damaged during transport or are non-compliant with the Order Confirmation, and whose delivery has been refused by the Customer, will be replaced or refunded by ASCEND Skin without additional charge, according to the conditions set out in these Terms and Conditions. If the items sent do not conform to your order, or should they be defective, they will be replaced and, in this case, the return costs are payable by ASCEND Skin.
The Customer must verify the conformity of the Products and Services within a maximum of five (5) days from the date of receipt and submit any claim to ASCEND Skin by e-mail at info.atyko@gmail.com.
4. TITLE AND TRANSFER OF RISKS
4.1 Unless otherwise agreed in writing, ownership and title of the Products and Services sold are transferred to the Customer after ASCEND Skin has received full payment, including any delivery charges and taxes. In the event of non-payment of the order by the Customer, ASCEND Skin reserves the right to take back the Products and Services, at the expense of the Customer, or to suspend the delivery.
4.2 The transfer of risks relating to the Products and Services to the Customer occurs upon ASCEND Skin handing-over of the Products and Services to the carrier.
5. RETURNS AND EXCHANGES
5.1 The Customer has a right to return a delivered order within a period of thirty (30) calendar days from the day of receipt of the Products and Services purchased on the Website.
5.2 A return is complete when ASCEND Skin receives the Products and Services with the original packaging. If ASCEND Skin receives anything other than the Products and Services or if the returned order is incomplete, the return is considered invalid, and ASCEND Skin will not refund the Customer. It is understood that the Customer is at all times responsible for the return of the Products and Services, and that ASCEND Skin and/or its service providers are never responsible for a return that does not include the Products and Services.
5.3 The Products and Services must in all cases be returned to the ASCEND Skin return center within thirty (30) days following the date of delivery to the Customer.
5.4 Subject to compliance with the conditions set out in this section, ASCEND Skin will refund the purchase price of the Products and Services to the Customer. The refund will be made by ASCEND Skin as soon as possible and at the latest within fourteen (14) days of receipt of the Products and Services by ASCEND Skin or the proof of shipping of the Products and Services by the Customer to ASCEND Skin, with the date of the first of these events being the one retained. The refund will be made using the same payment method used by the Customer when placing the order, as indicated in the Order Confirmation, unless ASCEND Skin and the Customer agree otherwise. We do not refund shipping costs.
6. FRAUD PREVENTION
6.1 All orders marked as a fraud risk will be verified by ASCEND Skin calling and emailing the Customer. Please ensure that you have provided ASCEND Skin with the right email address and phone number to avoid any delays in order processing.
6.2 If ASCEND Skin, in good faith and at its sole discretion, deems that the Customer may be involved in fraudulent activities related to the purchase or order of Products and Services, then ASCEND Skin reserves the right to ask the Customer to bear all the return costs of the Products and Services. The return must be made according to the instructions of Customer Service and through an approved carrier. If the Products and Services are lost or damaged during transport, the Customer must resolve the issue directly with the chosen carrier. In addition, the Customer is responsible for the Products and Services until it is properly received at the ASCEND Skin return center.
7. CUSTOMER SERVICE
7.1 Should you have further questions, please contact our Customer Service. You can reach us by e-mail at info.atyko@gmail.com.
7.2 We attempt to be as accurate as possible when describing our Products and Services on the Website; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCTS AND SERVICES' DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
7.3 This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
8. INTELLECTUAL PROPERTY
8.1 All information and content available on the Website and its "look and feel", including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of ASCEND Skin, our affiliates, partners or licensors, and is protected by United States and other international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
8.2 Except as set forth in the limited licenses in Article 9 below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
9. LIMITED LICENSES
9.1 We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained on the Website.
9.2 We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our Products and Services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
9.3 Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Article 9 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
10. YOUR OBLIGATIONS AND RESPONSIBILITIES
10.1 In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, customs and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damage that this may cause ASCEND Skin, our affiliates, partners or licensors.
11. YOUR ACCOUNT
11.1 Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with us. If you do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You agree to provide only current, complete, accurate and truthful information.
11.2 We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in ASCEND Skin's best interests to do so.
12. THIRD PARTY LINKS
12.1 We are not responsible for the content of any off-website pages or any other websites linked to our Website. Links appearing on the Website are for convenience only and are not an endorsement by us or our affiliates or our partners of the referenced content, Products and Services, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
13. FORCE MAJEURE
13.1 ASCEND Skin's liability is expressly excluded, and a failure to fulfill its obligations or a violation of these Terms and Conditions may not be invoked against ASCEND Skin in case of losses, damages, or delays suffered by the Customer resulting from causes beyond ASCEND Skin's control, including but not limited to force majeure events, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, threats and terrorist acts, national emergencies, revolutions, epidemics, lockouts, strikes, and other labor disputes (whether related to ASCEND Skin's workers or not), constraints or delays affecting the carrier, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power outages.
14. COMPANY INFORMATION
14.1 These Terms are entered into by and between you and ASCEND Skin LLC, a United States company (EIN: 33-3693407). You may contact us by email at info.atyko@gmail.com.
15. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
15.1 THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE OR ITS CONTENTS OR SERVICES.
15.2 YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
15.3 FURTHER, NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
15.4 YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
16. INDEMNIFICATION
16.1 You agree to defend, indemnify and hold us, our affiliates, partners, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or the Website Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17. APPLICABLE LAW, JURISDICTION, CLASS ACTION WAIVER, JURY TRIAL WAIVER
17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming, United States. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Wyoming.
17.2 In the event of a dispute between a Customer and ASCEND Skin regarding the interpretation, performance, or termination of these Terms and Conditions, ASCEND Skin strongly encourages the Customer to contact ASCEND Skin first to attempt to resolve the disagreement amicably.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND ASCEND SKIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.3 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
18. PRIVACY AND DATA PROTECTION
18.1 Please review our Privacy Policy on how we collect and process personal data.
19. GENERAL
19.1 You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Website constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
19.2 We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
19.3 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.