These Terms of Use (“Terms”) explain the terms applicable to your use of the Psyne.co website (“Site”). If you do not accept these Terms, you are not authorized to use the Site. We reserve the right to change these Terms from time to time, and your continued use of this Site constitutes your acceptance of and agreement with any such changes.
Information Posted on the Site
Except for information maintained as private in accordance with our Privacy Policy, information posted or submitted to or via our Site is public. You are solely responsible for information or material that you post on or provide to our Site, including but not limited to any posting or listing in any public message area or through any e-mail, subscription, uploading, or linking feature. You grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to exercise all copyright, trademark, and publicity rights with respect to this information (including, without limitation, any ideas, feedback, suggestions, testimonials, or otherwise). We reserve the right to take any action with respect to information posted on our Site which we believe is appropriate in our sole discretion, including but not limited to, removal of such information and/or termination of your rights of use; however, we do not control the information provided by users or other content providers which is made available via our Site. Information you post may be changed, updated, or removed without notice. We do not endorse, nor are we liable for, any information posted by third parties on the Site.
Prohibited Activities
You may not use any device, software, or routine intended to damage or interfere with the proper working of the Site or to intercept or expropriate any system, data, or personal information from the Site.
Third Party Links and Content
The Site may contain information or other functionality provided by various third-party providers. The Site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked Site or any link contained in a linked site. Use of any third-party information or functionality may be conditioned upon the terms and conditions of such third-party providers.
Privacy
You agree to be bound by the terms of our Privacy Policy, which is posted on the Site and incorporated herein by reference. We cannot ensure that all personal information will not be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement, or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
Ownership
The Site and all intellectual property rights included in or related to the Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Site and any content, information, or functionality contained therein. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Site or its content.
Termination
We have the right to terminate your use of and/or access to the Site at our discretion.
Products and Pricing
All features, specifications, and prices of products described on the Site are subject to change at any time without prior notice. We try to accurately display our products, including the applicable colors; however, we cannot guarantee that your computer or device will accurately display such colors. Further, we attempt to provide up-to-date information regarding the availability of our products and the applicable pricing. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. For example, certain products may be unavailable, may have different attributes than those listed, or may have a different price than stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
No Warranty
EXCEPT AS EXPRESSLY SET FORTH IN OUR RETURN POLICY, WE PROVIDE THE SITE, THE PRODUCTS, AND ANY INFORMATION AND CONTENT CONTAINED IN OR PROVIDED VIA THE SITE, “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR PRODUCTS OR INFORMATION VIA THE SITE, THE COMPLETENESS OR ACCURACY OF INFORMATION, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
We shall have no liability whatsoever for the unavailability of the Site. We shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by us, any third party acts, or any other web host provider or the Internet infrastructure and network external to the Site, or for inaccurate information provided by a third party or failure to update information provided via the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL PSYNE TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO PSYNE BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY, OR $50. The limitations of liability provided in these Terms inure to the benefit of Psyne, and its affiliates and their respective officers, directors, employees, attorneys, and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms, in which case they are not applicable to you.
Orders Lost or Stolen in Transit
We provide a tracking number with every order we ship. You will receive a ‘your order has shipped’ email that will include this information, along with a clickable link to view the shipment’s progress. Sometimes shipments can be lost in transit, and if your order doesn’t make it to your delivery address, please let us know by replying to your order confirmation email. If it’s been ten business days since your order shipped, we will send a replacement at no charge to you.
Orders Lost or Stolen After Delivery
When an order’s provided tracking number shows the order was delivered by the carrier (e.g., UPS, DHL, etc.) to the shipping address provided at checkout, the delivery is deemed complete, and ownership and risk transfer to the purchaser at that point. Psyne cannot be held responsible for any subsequent theft, loss, or damage.
Dispute Resolution, Governing Law, and Jurisdiction
You agree that any disputes arising from our Terms, or relating to your use of any part of the Psyne service, will be exclusively resolved under confidential binding arbitration held in Phoenix, Arizona, in accordance with Arizona law, without regard to conflicts of law principles. You and Psyne agree to submit to the personal and exclusive jurisdiction of the federal and state courts in Maricopa County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Psyne may seek injunctive or other equitable relief from a court of competent jurisdiction. You and Psyne agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and Psyne agree that any cause of action arising out of or related to the Psyne site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If you have a dispute with one or more users or sellers, you release Psyne (and Psyne officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
State-specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Psyne.co, located at 16211 N. Scottsdale Rd., A6A #288, Scottsdale, AZ 85254, is the provider of the electronic commercial service on this Site. Users will be notified in advance if there will be a charge for any product. Please see our Return Policy for information regarding returns. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.