Welcome to Shopananke.com.
Please read these Terms and Conditions
("Terms", "Terms and Conditions") carefully before using
the shopananke.com website ("us", "we", or
"our").
Your access to and use of the Service is conditioned on
your acceptance of and compliance with these Terms. It is a binding agreement
between you and us, and by accessing any Service in any way, you agree to be
bound by all of them. These Terms apply to all visitors, users and others who
access or use the Service that reside in the U.S. and are 18 years old or
older.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Purchases
If you wish to purchase any product or service made
available through the Service ("Purchase"), you may be asked to
supply certain information relevant to your Purchase including, without
limitation, your name, address, phone number, email address, and payment
information.
If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Our acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to change the price of an item up until the time of shipment. Title and risk of loss transfer to you upon our delivery of the order to the carrier. Notwithstanding anything to the contrary, we reserve the right to cancel or limit any orders for any reason. Prices, promotions, offers, and product availability are all subject to change without notice.
Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material ("Content"). You are responsible for the …
While we work hard to provide a superior customer experience, we cannot guarantee that all Walgreens Content we display is correct, complete, or current, including product pricing, images, information, and availability.
Links to Other Websites
Our Service may contain links to third-party web sites or
services that are not owned or controlled by shopananke.com.
Shopananke.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that shopananke.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Disclaimers, Limitation of Liability, and Indemnification
We provide the Services (including, without limitation,
all Shopananke.com Content, User Content, and other content whatsoever) as a
service to you. THESE SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT
IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY,
SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS,
NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING
ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE
PRODUCT PACKAGING. WE ARE NOT RESPONIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY
WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME
RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY
INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE
RISK.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S.,
AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE
APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE
CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR
SOLICITATION CANNOT LEGALLY BE MADE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES
(INCLUDING SHOPANANKE.COM CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN
ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS
IN RELIANCE THEREUPON. YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM
OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF
ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT
LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR
CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM US IN
THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
(DAMAGES), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING SHOPANANKE.COM
CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A
RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND
THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE
EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT,
FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPANANKE.COM, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
Dispute Resolution
If a dispute ever arises between us, please contact us.
If we cannot resolve the matter informally, you and we each agree that any and
all disputes or claims that have arisen or may arise between you and us shall
be resolved exclusively through final and binding arbitration, rather than in
court, except that you may assert claims in small claims court, if your claims
qualify ("Agreement to Arbitrate"). The Federal Arbitration Act
governs the interpretation and enforcement of this Agreement to Arbitrate,
which shall be conducted by the American Arbitration Association
("AAA") under its rules and procedures, including the AAA's
Supplementary Procedures for Consumer-Related Disputes (as applicable), as
modified by these Terms. A form for initiating arbitration proceedings is
available on the AAA’s website. The arbitration shall be held in the county in
which you reside. If the value of the relief sought is $10,000 or less, you or
we may elect to have the arbitration conducted by telephone or based solely on
written submissions, which election shall be binding on you and us subject to
the arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. Attendance at an in-person hearing may be made by
telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in
accordance with the laws of the State of California, including recognized
principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving
different Shopananke.com users, but is bound by rulings in prior arbitrations
involving the same Shopananke.com user to the extent required by applicable
law. The arbitrator's award shall be final and binding, and judgment on the
award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
You and we agree that each of us may bring claims against
the other only on an individual basis and not as a plaintiff or class member in
any purported class or representative action or proceeding. Unless you and we
agree otherwise, the arbitrator may not consolidate or join more than one
person's or party's claims and may not otherwise preside over any form of a
consolidated, representative, or class proceeding. The arbitrator may award
relief (including monetary, injunctive, and declaratory relief) only in favor
of the individual party seeking relief and only to the extent necessary to
provide relief necessitated by that party's individual claim(s). Any relief
awarded shall not affect our other users.
You can choose to reject the Agreement to Arbitrate by
mailing us a signed opt-out notice ("Opt-Out Notice") within 30 days
after the date you first access the Services or accept any subsequently
published version of these Terms. The Opt-Out Notice must include a statement
that you do not agree to this Agreement to Arbitrate, your name, address, phone
number, and any email address(es) used to log in to any applicable account(s)
to which the opt-out applies. You must mail the Opt-Out Notice to
Shopananke.com PO Box 5582, Gardena, CA 90249. This procedure is the only way
you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement
to Arbitrate, all other parts of these Terms, including all other provisions of
this Section, will continue to apply. Opting out of this Agreement to Arbitrate
has no effect on any previous, other, or future arbitration agreements that you
may have with us.
To the extent permitted by applicable law, any claims arising in connection with the use of these Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.
Change of Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least a 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Additional Terms
These Terms, including all other terms and policies
referenced herein, constitute the entire agreement between you and us with
respect to the Service, and shall be construed in accordance with the laws of
the State of California, without respect to its conflict of laws rules. In the
event of any inconsistencies between these Terms and the policies referenced
therein, these Terms shall control. Our failure to exercise or enforce any
terms herein shall not constitute a waiver, and if we fail to act with respect
to your breach or anyone else's breach on any occasion, we are not waiving our
right to act with respect to future or similar breaches. If you breach any
provision of these Terms, you may no longer use the Services. If these Terms or
your permission to use the Services is terminated by us for any reason, the
agreement formed by your acceptance of these Terms will nevertheless continue
to apply and be binding upon you in respect of your prior use of the Services
and anything relating to or arising from such use. If you are dissatisfied with
the Services or with these Terms, your sole and exclusive remedy is to
discontinue using the Services. These Terms, including any or all rights and
obligations hereunder, may be freely assigned or transferred by us, but not by
you. Section headings are included for convenience only, and shall not affect
the interpretation of any Terms. You agree that any electronic notices we send
you shall satisfy any requirement that such notices be made in writing. If any
part of this these Terms is ruled to be unlawful, void, or for any reason
unenforceable, then such part shall be deemed severable from these Terms, and
shall be eliminated or limited to the minimum extent necessary. The remainder
of these Terms, including any revised portion, shall remain and be in full
force and effect.
Lastly, 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.
Contact Us
If you have any questions about these Terms, please contact
us at [email protected] Any written correspondence should be mailed to:
Shopananke.com
PO Box 5582
Gardena, CA 90249.
Updated: 06/25/2018