TERMS & CONDITIONS

1. Introduction
Thank you for visiting drlarrycole.com. Dr. Larry Cole Products is a consumer brand and inventor of innovative products. These Terms and Conditions, and our related Privacy Policy, apply to the drlarrycole.com website. Please read them carefully, as by using Service you agree to be bound by both documents. If you have any questions about these Terms and Conditions, please contact us via email at policies@drlarrycole.com.

2. Definitions
In these Terms and Conditions, we use the following definitions:

• "Agreement" refers to these Terms and Conditions;
• "Dr. Larry Cole Products" or "we" or "us" refers to our company, known as "drlarrycole.com"; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
• "Service" refers to the services that we provide through our Site, including our Site itself;
• "Site" refers to our website, www.drlarrycole.com;
• "User" refers to anyone who uses our Service, including general visitors to our Site;
• "You" refers to you, the person who is entering into this Agreement with Dr. Larry Cole Products.

3. Eligibility
You can register and create an account on our Site. Registration provides you with access to the full features of our Service. However, if you do not want to register, you can browse our Site or make a purchase by checking out as a guest. To register or checkout as a guest,

• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

4. Rules of Use
You must:

• Be at least 18 years old in order to register on or use our Site. Register or purchase as a guest using your real name.

You must not:

• Purchase items from our Site for resale.
• Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Dr. Larry Cole Products.
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Submit any content to the Site anonymously.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Dr. Larry Cole Products Site, Service, or its Users’ computers.
• Do anything else that could bring Dr. Larry Cole Products into disrepute or violate the rights of any person.

5. Payment, Refunds, and Pricing
Acceptable payment methods are presented at our checkout page. Unless otherwise stated, all prices are listed in United States dollars.

In the event that you are not completely satisfied within 30 days of your purchase, we will accommodate an exchange or refund of your purchase price (excluding discounts and shipping and handling charges), as described below.

Return Information

All items must be returned in original condition in their original packaging along with all accessories, parts, and instruction manuals that were shipped with your original order. Our complete return policy can be accessed on the return policy page.

6. Dr. Larry Cole Products' Right to Cancel
Dr. Larry Cole Products reserves the right to cancel an order at any time if Dr. Larry Cole Products believes the customer is engaging in fraudulent activity or the reselling of item(s). If you believe your order was cancelled in error, please visit our help center at drlarrycole.com/help. 

Should you wish to purchase orders above the stated limit for a reason other than resale, contact us with information about your reasons for purchase.

7. If You Want to Change or Cancel an Order
To change or cancel an order, please visit the Help Center at drlarrycole.com/help. Orders may only be cancelled if they have not yet been packed for shipping.

8. Shipping & Sales Tax
Our warehouses are located in California, Texas, and New Jersey. All orders are shipped within two business days, with most shipping same or next business day. Applicable shipping charges will be presented during the ordering process. From time to time, we may offer free shipping under certain conditions, which will be indicated at appropriate places on the Site. A shipping surcharge may be added to all orders shipped outside the 48 contiguous United States regardless of the Shipping Option chosen.

Pre-orders or backorders will ship as soon as product is available.

For New Jersey, California, and Texas residents, sales tax applies.

9. Chargebacks and Payment Disputes
Where a User conducts a chargeback or other payment dispute against Dr. Larry Cole Products, such User shall be liable to Dr. Larry Cole Products for the full amount of the chargeback or dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Dr. Larry Cole Products in the enforcement of its rights under this section.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

10. Our Copyright
The contents of our Site are protected by U.S. and international copyright laws. You agree not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Site without receiving our prior written permission.

11. Your Copyright
A. Although you retain your copyright in any content (including, but not limited to, reviews, photographs, videos, text, audio, and other materials) that you post to drlarrycole.com, by submitting any content to drlarrycole.com you grant us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of that content.

B. You warrant to us that you have the right to grant us this right to the content. You also agree that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11(B).

12. Trademarks
"Dr. Larry Cole Products" is a trademark used by us to uniquely identify our Site, Service, and business. Dr. Larry Cole Products and other trademarks, logos, other marks, and trade dress pertaining to our Site and products sold on the Site are our property or belong to their respective owners. You may not make any use of such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.

13. Revocation of Consent
We may revoke our consent to your use of our intellectual property, including our copyrights, trademarks, logos, other marks or trade dress, or any other permission granted to you under this Agreement, at any time. If we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

14. Copyright & Trademark Infringement
We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyright has been infringed, please provide the following information in writing and signed electronically to legal@drlarrycole.com (see 17 U.S.C. Section 512(c)(3) for further detail):

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• a description of the copyrighted work that you claim has been infringed.
• a description of the material that you claim 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 sufficient to permit us to locate the material.
• information so that we can contact you, such as your name, address, telephone number and e-mail address.
• a statement that you have 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 you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or submitted to the Site and that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

• your physical or electronic signature.
• a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

15. Communications Decency Act
United States law—specifically 47 U.S.C. §230—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at legal@drlarrycole.com if a User has posted anything that you believe is defamatory.

16. Representations, Warranties and Limitation of Liability
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. BY USING THE SITE, YOU RELEASE US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, UNTIMELY DELIVERY, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, WE ARE LIABLE TO YOU ONLY FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

IN NO EVENT WILL Dr. Larry Cole Products, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO PAY US OR FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY TEMPORARY OR PERMANENT INABILITY TO ACCESS OUR SITE, FOR ANY REASON.

NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

17. Indemnity
By using this Site, you agree to indemnify and hold us harmless for any claims by you or any third party arising from or relating to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.

18. Applicable Laws
These Terms and Conditions shall in all respects be governed by the laws of the state of New Jersey, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the State of New Jersey. You agree to personal jurisdiction by and venue in state and federal courts located in Hudson County, New Jersey.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, EXCEPT AS SET FORTH IN SECTION 27.

19. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
Any legal or equitable claim relating to your use of this Site, these Terms and Conditions, or the use or purchase of any products from Dr. Larry Cole Products (referred to as a "Claim") will be resolved as follows:

A. INFORMAL RESOLUTION:

In the event that any dispute between Dr. Larry Cole Products and you arises out of or relates to the drlarrycole.com Site, these Terms and Conditions, the applicability of these Terms and Conditions to the use of the drlarrycole.com Site, or the use or purchase of any products from drlarrycole.com, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to 1 Harmon Meadow Blvd, Secaucus, NJ 07094.

B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. If you and Dr. Larry Cole Products cannot resolve a Claim informally, any Claim asserted by either you or Dr. Larry Cole Products will be resolved only by binding Arbitration subject to the Federal Arbitration Act.

By agreeing to Arbitration, you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Dr. Larry Cole Products agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.

The Arbitration will be held at a location in your home town area if possible, unless you and Dr. Larry Cole Products both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Dr. Larry Cole Products must write a demand for Arbitration and send it to legal@drlarrycole.com.

20. Limited Time to File Claims
You must assert any Claim relating to use of this Site or the purchase of any products from Dr. Larry Cole Products within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 20.

21. Force Majeure
We are not responsible to you for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 21.

22. Severability
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

23. Non-Waiver
Dr. Larry Cole Products reserves all rights under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

24. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

SEE SECTION 27 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.

25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

26. Amendments
We reserve the right to amend these Terms and Conditions from time to time by posting updated Terms and Conditions and/or an updated Privacy Policy on the Site. Your continued use of our Service shall constitute your acceptance of any such amendments.

27. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
Nothing in this Section shall modify Subsection 20(B) ("Formal Resolution by Arbitration/Class Action Waiver").

For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "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 HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

A. New Jersey Users and Residents

If you are a New Jersey consumer, the terms of Sections 9, 11(B), 16, 17, 18, 20, 21, and 24 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.

B. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Dr. Larry Cole Products must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to admin@drlarrycole.com.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

C. International Users

drlarrycole.com is controlled and operated within the United States. We make no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Effective Date: August 1, 2020