TERMS OF SERVICE
These are the terms of service for Athena Club (together with Athena Club’s Privacy Policy, the “Terms of Service”). These Terms of Service are important and they affect your legal rights, so please read them fully and carefully before using the www.athenaclub.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and the services, products, promotions, and features (collectively, the “Services”) offered by ATHENA CLUB CANADA INC. d/b/a ATHENA CLUB (“Athena Club”, “we”, “us”, or “our”). These Terms of Service constitute the legally binding terms and conditions made between you, whether personally or on behalf of an entity (“you”) and Athena Club concerning your access to and use of the Services and the Site.
ACCEPTANCE OF TERMS OF SERVICE
You agree that by accessing the Site and using the Services, you have read, understood, and accepted to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and Services and must discontinue use immediately. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service, and other operating rules and policies that may be published on the Site by us, apply to all users of the Site and Services, including, without limitation, contributors of information and other materials or services, registered or otherwise.
PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES IN SELECT JURISDICTIONS.
ELIGIBILITY
The Site and Services are intended for users who are at least 13 years of age, and by using the Site and/or Services, you represent and warrant that you are at least 13 years of age. Users under the age of 13 are not permitted to use the Site and/or Services. Before using the Site and/or Services, all users who are minors in the jurisdiction in which they reside (typically under the age of 18) must have obtained the consent of their parent or guardian to use the Site and/or Services and their agreement to the Terms of Service. If you are a parent or legal guardian who is agreeing to the Terms of Service on behalf of a child, you hereby consent to bind your child to the Terms of Service and to entirely indemnify, release and hold harmless Athena Club if your child breaches or disaffirms any terms or condition of these Terms of Service.
TERMS OF SALE
Sales of Products and Subscriptions
Athena Club sells Body Care, Wellness, Period Care, and other Lifestyle products (collectively, the “Products”) to customers who buy Products on a one-off basis or on a subscription basis (including monthly, bimonthly, quarterly, triannually, semi-annually, or pursuant to any other subscription length we may offer, collectively a “Subscription”) to receive the Products for their own personal and non-commercial, non-wholesale usage. Subsequent distribution or resale of Products or Subscriptions and use thereof for any other commercial purpose is strictly prohibited without the written approval of Athena Club. You may not sell or otherwise transfer your Subscription and all rights and privileges related thereto, without the written approval of Athena Club. All orders are subject to acceptance by Athena Club, and Athena Club may choose not to accept your order for any reason without liability to you. Athena Club reserves the right to refuse or cancel any order or transaction at any time, in its sole discretion.
Pricing
Prices for Products and Subscriptions (including any shipping and handling fees) are found on Athena Club’s then-current main page or Product page located on the Site. The price charged for your purchased Products and Subscriptions will be the price specified on the check-out page of the Site on the day you first sign up for a given Product or Subscription on the Site. Prices for Products and Subscriptions may be changed at any time at Athena Club’s sole discretion, and price protection and refunds are not available in the event of promotions, temporary offers or price reductions.
Pre-Order
If you are submitting a pre-order, you will be charged at check-out for your first month. This will begin your Subscription for your selected Product. Please note that not all Subscription frequencies are available for all Products, and may vary from Product to Product. Once the first order ships, you will be billed on a monthly, bimonthly, quarterly, triannual, semi-annual, or other applicable basis. Athena Club holds the right to commence shipping only when it has adequate shippable stock of the applicable Product available, and orders will be filled only as inventory is available. Fulfillment of pre-orders may be delayed if adequate inventory of an applicable Product is not available to fulfill such orders at any given time.
Refunds
If you are not satisfied with one of our Products, please contact us at canada@athenaclub.com within thirty (30) days of the date of shipment of the Product by Athena Club. We will refund you the amount paid by you and received by us for your most recent month. Shortly after our receipt of your demand (normally within five (5) business days), we will issue a refund (minus all shipping and handling fees related to purchase of the Product, which are non-refundable) to the payment method you used to make your initial purchase of the Product. Nonetheless, Athena Club does not decide when a specific credit card or payment method company processes a chargeback refund transaction. Please communicate with your credit card or payment method provider if you have any inquiries about the status of the refund credit. Refunds will not be issued for (a) requests received more than thirty (30) days after the date of Product shipment, or (b) returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use. All purchases made via Tapjoy and/or mobile gaming in exchange for game currency are final and not eligible for refund.
Payment Methods and Automated Subscription Renewals
We accept the following forms of payment: Visa, MasterCard, American Express, Discover, plus any other Payment Methods noted on the Site. You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Site. You consent to pay all costs charged to your Account based on Athena Club’s dues, costs, and billing terms as presented on the payment page of your Subscription or Product order page or by completing any applicable checkout process instituted by Athena Club and/or any integrated payment applications, such as PayPal, Apple Pay, and Google Pay. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. When you purchase Products, you accept our Terms of Service by clicking “Place Order” or by otherwise completing any checkout process currently instituted by Athena Club.
If you are purchasing a Subscription, your order will be subject to recurring charges. By clicking “Place Order” and/or “Restart”, you accept our Terms of Service, and you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable Subscription order. Athena Club will automatically renew your Subscription three (3) calendar days before your monthly, bimonthly, semi-annual, or other applicable shipment period, depending on the Subscription selections you make. You cannot make changes to your Subscription within three (3) calendar days from shipment. Any changes you would like to make, can be made after the then-current order ships and will apply to the following shipment.
Each Subscription renewal period is for one month, two months, three months, four months, six months, nine months, or any other time period we may establish. The renewal period will depend on the initial Subscription period you select when beginning your Subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Sales tax will be added to the price of purchases as deemed required by the jurisdiction you are making a purchase from. You are responsible for any shipping and handling fees that may apply to your order of a Product or Subscription based on the shipping address you provide under your order during checkout or otherwise listed on your Account, and you authorize us, or a third-party payment processing provider to charge your chosen payment method for such taxes and other predetermined fees. All payments must be made in advance of shipment of any Products, and must be made on an one-off, monthly, bimonthly, quarterly, triannual, semi-annual, or other applicable basis to uphold your order and/or Subscription. You further agree to promptly update Account and payment information, including email address, payment method, billing address, and payment card expiration date, so that we can complete your transactions and contact you as needed. If your payment method cannot be processed or charged for any given reason at the time of your recurring charge, Athena Club reserves the right to suspend or terminate your Subscription and/or order and Account and terminate these Terms of Service. All payments shall be made in Canadian dollars.
Your credit card or payment method issuer may, at its sole discretion, send Athena Club and Athena Club’s third-party payment processing provider updated payment method information from your credit card or payment method issuer. Athena Club and Athena Club’s third-party payment processing provider are not responsible for the distribution of your credit card or payment method information. You may have the right to opt out of this update service, but it is your responsibility to contact your credit card or payment method issuer regarding your right to opt out of the update service.
REFERRAL PROGRAMS
From time to time, Athena Club may offer rewards or incentives for referring others to purchase a Product or enroll in a Subscription. This may include credits that you can apply towards Product or Subscription purchases, if applicable. Please visit Athena Club’s referral page at [LINK] to learn more about Athena Club’s referral program. Members will only receive referral credit in respect of purchases or subscriptions made by individuals who are not current customers of Athena Club (“Referred Customers”). Specifically, all Referred Customers must be both first-time recipients of a qualifying Athena Club offer, and must have no past orders with Athena Club. Multiple referrals made to the same individual or entity will be disregarded and will not qualify for credit or other incentives. Athena Club may modify or terminate the referral program or revoke an individual’s ability to participate in the referral program, or otherwise revoke referrals, at any time. All referrals are subject to any other terms, conditions, and restrictions set forth on Athena Club’s referral webpage, which may be updated from time to time without notice to you, and which are incorporated herein by reference.
SUBSCRIPTION CANCELLATION POLICY
You may cancel any Subscription by logging on to your Account at any time and following the prescribed steps. We must receive cancellation requests submitted via your Account page on the Site at least three (3) calendar days prior to your next shipment in order for that order to not be charged. Cancellation requests submitted after that date will take effect at the next automatic payment renewal date (monthly, bimonthly, quarterly, triannual, or semi-annual). Cancellation requests received by Athena Club through other mediums may take up to five (5) days to process after receipt of such request. If you have any issues or difficulties, please email canada@athenaclub.com. After cancellation of your Subscription, your Subscription benefits will continue until the end of the then-current Subscription term for which you have already paid. Athena Club will not issue (other than to residents of the Province of Québec, Canada) any prorated refunds for any portion of the Subscription fees paid for any unused days of the then-current Subscription term. Residents of the Province of Québec should contact us at canada@athenaclub.com with respect to a prorated refund.
SHIPPING AND SUBSCRIPTION OPTIONS
Shipping
The shipment date will be determined according to the date of your first order. We attempt to ship Products on the next Tuesday following the billing date. Shipping is handled by a third-party carrier. Any shipping times shown on the Site are estimates only. Actual delivery dates may vary. Title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party carrier. For the avoidance of doubt, we are not responsible for any damage or lost Products resulting from the actions of any third-party carrier.
Skip Period
You have the ability to temporarily skip months on your Subscription (“Skip Period”). During the Skip Period, your Subscription will remain active and Athena Club will continue to send you communications and newsletters via email or other medium. However, you will not receive any Products or be charged during the Skip Period. You can place your Subscription on a Skip Period for a one-to six-month period. You may resume the shipment of Products by logging into your Account and choosing to resume shipment either immediately or on your original ship date. Once the Skip Period chosen by you expires, Product shipments will automatically resume unless cancelled by logging into your Account and cancelling the applicable Subscription. You may email any questions about the Skip Period to canada@athenaclub.com.
REGISTRATION
In order to sign up for the Services, you will need to register for an Athena Club Account with your email address, or log in through your Facebook account. By creating an Account, you agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the security of your password and be solely responsible for the activity that occurs on your Account (including any unauthorized access to your Account) and the information you provide to us, and (d) immediately notify us of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You shall not use any other person’s email address to register for an Account. If you use the Services through your Facebook ID, you hereby grant us the right to access certain information from such account for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account settings.
PROPRIETARY RIGHTS AND LICENCE
Site Content
All materials on the Site, including all Product descriptions, written posts and comments, videos, audio clips, text, graphics, logos, images, photographs, artwork, interactive features generated, provided, or otherwise made accessible on or through the Services, derivative works, and any other material or information published on or used in connection with the Site (collectively, the “Site Content”) are the property of Athena Club or its licensors, excluding User Content unless explicitly provided through third-party partnerships - i.e. Influencer platforms. The Site Content is protected by copyright laws and treaties around the world, and all rights in and to the Site Content are expressly reserved. Any use of the Site Content not permitted under these Terms of Service is strictly forbidden. If you make any use of the Site Content not permitted by these Terms of Service, we may automatically terminate and cancel your authorization to visit the Site and/or your Account and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Site. We reserve the right to remove, edit, or block any Site Content in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all.
Trademarks
Certain trademarks, trade names, and logos used or displayed on the Site are registered and unregistered trademarks and trade names of Athena Club. Other trademarks and trade names used or displayed on the Site are the registered and unregistered trademarks and trade names of third-party owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademarks, trade names, or logos displayed on the Site.
Limited Licence
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Site and Site Content. However, such licence is subject to these Terms of Service and does not include any right to (a) sell, resell, or use commercially the Site or Site Content; (b) distribute, publicly perform, or publicly display any Site Content; (c) modify or otherwise make any derivative uses of the Site or Site Content, or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than by page caching) any portion of the Site or Site Content, except as expressly permitted by us; or (f) use the Site or Site Content other than for their intended purposes. Any use of the Site or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the licence granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. This licence is revocable at any time.
Restrictions on Use
You agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms of Service and will not (a) use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner; (b) develop any third-party applications that interact with Site Content or the Site without our prior written consent; (c) engage in any harassing, abusive, threatening, or intimidating conduct; (d) use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service or applicable law; (e) use or attempt to use another user’s account without authorization from such user and Athena Club; (f) reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Site Content, area or code of the Site; or (g) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
USER CONTENT AND FEEDBACK
The Site may include interactive features and areas that allow you to add, create, upload, submit, distribute, or post content, including feedback, suggestions, and ideas (collectively, “User Content”). You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site. You hereby grant Athena Club a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable licence to use, aggregate, distribute, transmit, reproduce, modify, publish, translate, publicly perform, and display, create derivative works of, and otherwise fully exploit your User Content, except as otherwise prohibited by applicable law or these Terms of Service. You waive any right to compensation of any type for your User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Content by Athena Club does not violate any law. If you post User Content to any public forum on the Site, you acknowledge that third parties may see your User Content, draw inferences, and make judgments based on the User Content. Posting to a public forum requires your judgment, and you are responsible for all your User Content and your conduct in connection with the Site. You may not upload to, distribute, or otherwise publish through the Site any content which (a) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; (b) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; (c) may constitute or encourage a criminal offense or violate the rights of any party; or (d) may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. We reserve the right to remove or edit your User Content at any time. Although we exercise commercially reasonable efforts to moderate the User Consent of visitors to the Site, you may nonetheless be exposed to User Content that you find disagreeable. The User Content of any users of the Site does not necessarily reflect our views or the views of our employees.
THIRD-PARTY SERVICES
From time to time, the Site may contain links to web sites that are not owned, operated, or controlled by Athena Club. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Athena Club is not responsible for any content, materials, or other information located on or accessible from any other website. Athena Club does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other web sites linked to or from the Site, you do so entirely at your own risk.
TERMINATION
Notwithstanding anything contained in these Terms of Service, we reserve the right, in our sole discretion and without notice, to terminate your right to access or use the Site or your Account, and to order, receive and use the Products (including any Subscriptions), at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
GENERAL DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ATHENA CLUB NOR ANY OF ITS LICENSORS OR PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE SITE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND ATHENA CLUB MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH SITE CONTENT, INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY LAWS, OR MISAPPROPRIATION.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUÉBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, OR REPRESENTATIONS. FOR RESIDENTS OF QUÉBEC, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
WE TAKE CERTAIN MEASURES TO HELP ENSURE THAT THE SITE IS GENERALLY AVAILABLE WITHOUT SIGNIFICANT INTERRUPTION, EXCEPT FOR ANY SCHEDULED DOWNTIME NEEDED TO HELP MAINTAIN EFFECTIVE OPERATION OF THE SITE. HOWEVER, DIFFICULTIES WITH HARDWARE, SOFTWARE, AND EQUIPMENT AND SERVICES SUPPLIED BY OTHERS MAY RESULT IN SERVICE INTERRUPTIONS. IN NO EVENT WILL ATHENA CLUB BE LIABLE TO ANY PARTY FOR ANY LOSS, COST, OR DAMAGE THAT RESULTS FROM ANY PERIOD OF DOWN TIME SUFFERED BY THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
HEALTH CARE DISCLAIMER
ALL FEATURES OF THE SERVICES, INCLUDING, WITHOUT ANY LIMITATION, ALL SITE CONTENT, ARE FOR GENERAL INFORMATION PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION OFFERED THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE OR CONSTITUTE, ACCURATE KNOWLEDGE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THESE SERVICES CANNOT BE USED FOR MEDICAL INFORMATION, DIAGNOSIS, TREATMENT, OR PRESCRIPTION. RELIANCE, OR ASSURANCE, ON ANY INFORMATION OFFERED THROUGH THE SERVICES IS FULLY AT YOUR OWN RISK. NO PATIENT/DOCTOR RELATIONSHIP OF ANY TYPE IS CREATED THROUGH THE USE OF THE SERVICES. THE SERVICES CANNOT BE USED AS AN ALTERNATIVE FOR MEDICAL SERVICES OR EMERGENCY HELP AND CANNOT BE USED IN THE OCCURRENCE OF A HEALTH EMERGENCY. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the Services.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold us, our affiliates, and each of our and their respective directors, officers, employees, agents, partners, suppliers, and licensors harmless from and against all claims damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) relating to or arising from (a) any User Content made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use or misuse of the Services and any activity on your Account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Account; (c) any violation by you of these Terms of Service; or (d) your violation of the rights of another or applicable law. You further agree that we shall have the right, at our sole discretion, to control the defense or settlement of any third-party claims, in which event you will assist and cooperate with us.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS PURCHASED THROUGH THE SITE OR OTHERWISE FROM US; (B) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF SITE CONTENT; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES. IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, GOODWILL, USE OR DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR PRODUCTS PURCHASED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IF THE DISCLAIMER OF LIABILITY IN THESE TERMS IS INEFFECTIVE, YOU AGREE THAT OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY CLAIM RELATED TO THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS AND/OR SERVICES BY YOU. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY SITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
ARBITRATION CLAUSE & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. [NTD: This provision has been left in and amended, but as previously mentioned, it is more likely than not you will not be able to rely on this in a majority of provinces.]
CERTAIN DISPUTES OR CLAIMS RELATING TO YOUR USE OF THE SERVICES, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY ATHENA CLUB WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT: (1) EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AND (2) UNLESS AN APPLICABLE LAW IN YOUR PROVINCE OF RESIDENCE GIVES YOU THE RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM BEFORE THE COURTS OF THAT PROVINCE.
IN THE UNLIKELY EVENT THAT ATHENA CLUB HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY OR IN SMALL CLAIMS COURT (IF APPLICABLE), WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY ATHENA CLUB CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF, OR IN CONNECTION WITH, OR RELATING TO OUR RELATIONSHIP WITH YOU, THESE TERMS OF SERVICE, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN NEW YORK, NEW YORK UNDER THE COMMERCIAL RULES THEN IN EFFECT FOR THE AAA, EXCEPT AS OTHERWISE PROVIDED HEREIN. THE AWARD RENDERED BY THE ARBITRATOR SHALL INCLUDE COSTS OF ARBITRATION, REASONABLE LEGAL FEES AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF SERVICE. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING ATHENA CLUB FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PROTECT ANY OF OUR PROPRIETARY INTERESTS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND ATHENA CLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You and Athena Club agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law. You agree that, unless prohibited by applicable law, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned. Notwithstanding this Section 15, either you or Athena Club may bring an individual action in small claims court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court.
If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable. Further, the waivers set forth in this Section 15 are severable from the other provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law.
GOVERNING LAW AND JURISDICTION
For residents of Canada outside of Québec, these Terms of Service are governed by the laws of the Province of Ontario and the laws of Canada, and in respect of any conflict arising out of these Terms of Service, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario. For residents of Québec, these Terms of Service are governed by the laws of the Province of Québec and the laws of Canada, and in respect of any conflict arising out of these Terms of Service, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Québec located in Montreal, Québec.
MODIFICATION
Athena Club may amend the Agreement or any section of the Agreement, in whole or in part (including, without limitation, prices to be charged for Products and/or Subscriptions), by sending you a notice 30 days prior to the entry into force of such amendments. Each such notice will (i) set out the new section only, or an amended section along with the section as it read formerly; (ii) set out the date the amendment comes into force; and (iii) if the amendment entails an increase in your obligations or a reduction in Athena Club’s obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty, or cancellation by sending us a notice to that effect no later than 30 days after the amendment comes into force. Refusing an amendment entails the termination of the Agreement, the automatic deactivation of your Subscription and your Athena Club account (the “Account”), the automatic expiration of all your credits and denial of access to the Service.
GENERAL
If any provision of these Terms of Service is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, any such illegal provision shall be severed and the remaining provisions will remain in full force and effect. You and Athena Club intend that the provisions of these Terms of Service be enforced to the fullest extent permitted by applicable law. Accordingly, you and Athena Club agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its severance and deletion.
Section titles are only for convenience and have no legal or contractual significance. Athena Club may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service or assign, transfer, or sublicense your rights, if any, to access or use the Services, Site Content, Subscription, or any Account you may have, and any attempt by you to do so is void. Athena Club’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Athena Club if it is in a written document signed by Athena Club. These Terms of Service (including any incorporated terms) constitute the entire agreement between you and Athena Club with respect to your Account, the Services, the Subscription, Site Content (including User Content), and Products purchased through the Site or otherwise, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to your Account, the Services, the Subscription, Site Content (including User Content), and Products purchased through the Site or otherwise. Both you and Athena Club warrant to each other that, in entering these Terms of Service, neither Athena Club or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Service. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Athena Club, or Athena Club’s successors and permitted assigns, will have any right to enforce any of these Terms of Service. These Terms of Service do not create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. Whenever you visit the Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site, or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
Health Disclaimer: The Owl
All features of the Services, including, without any limitation, all Site content including The Owl, are for general information purposes only. You should not rely on the information as a substitute for, nor does it replace, accurate knowledge, professional medical advice, diagnosis, or treatment. The Owl blog content cannot be used for medical information, diagnosis, treatment or prescription. Reliance, or assurance, on any information offered on The Owl is fully at your own risk. No patient/doctor relationship of any type is created through the use of the Services. The Services cannot be used as an alternative for medical services or emergency help and cannot be used in the occurrence of a health emergency. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the Services.
Health Disclaimer: Wellness Content & The Advisory Board
All features of the Services, including, without any limitation, all Site content including that which is listed on the Wellness product pages (The Daily Multi, Daily Probiotic, and Daily Collagen), are for general information purposes only. You should not rely on the information offered through the Services as a substitute for, nor does it replace, personal professional medical advice, diagnosis, or treatment. While the Advisory Board provided expert advice on ingredients and product formulation, and third-party testing was conducted, Advisory Board member claims cannot be used for self-diagnosis, treatment or prescription. Reliance, or assurance, on any information offered through the Services, including but not limited to ingredient comparisons, in-depth articles, and FAQ responses, is fully at your own risk. No patient/doctor relationship of any type is created through the use of the Services. The Services cannot be used as an alternative for medical services or emergency help and cannot be used in the occurrence of a health emergency. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have received through the Services.
By using our website you are also bound by Google's Terms of Service mandated by the Google Maps API.OFFERS AND PROMOTIONS
Offer Codes. From time to time, Athena Club may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”). Please review the Offer Codes for eligibility and other terms and conditions, which may include expiration dates, Product exclusions or other restrictions. Only valid Offer Codes provided by Athena Club will be honored. Each Offer Code offered (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Athena Club is not responsible for any unauthorized use of Offer Codes. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Offer Codes cannot be used in conjunction with the Athena Club Refer-A-Friend Program. Our 2023 Black Friday and Cyber Monday Sitewide sale will not apply to any special edition products including Barbie collaboration products and our Cloud Shave Foam. Offer Codes from Spokespeople. From time to time, Athena Club may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Athena Club for his or her statements. Promotions. We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern.