Carmex Website Terms of Use

Last Updated/Effective Date:  March 15, 2024

Welcome to the Carma Laboratories, Inc. (“Carmex,” “we” or “our”) website (“Site”). We have created this Site to provide you with information about our company and our products.

ACCEPTANCE OF TERMS (“TERMS”)

THESE TERMS APPLY TO YOU WHEN YOU ACCESS AND USE OUR SITE.  BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT WITH CARMEX.   IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITE.

ARBITRATION PROVISIONS; WAIVER OF CLASS ACTIONS AND JURY TRIAL

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE CARMEX IN A CLASS ACTION LAWSUIT.

COOKIES AND TRACKING TECHNOLOGIES.

WE USE COOKIES AND TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (“ADTECH”) ON OUR SITE.  WE USE ADTECH ON OUR SITE TO COLLECT DATA ANALYTICS, RECORD HOW YOU INTERACT WITH THE SITE AND OUR CONTENT, INCLUDING WHERE YOU DIRECT YOUR MOUSE, THE INFORMATION YOU TYPE AND OTHER USER RELATED ACTIVITIES AND TO SERVE YOU WITH TARGETED ADVERTISING.  BY VISITING AND USING OUR SITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU WHICH WE COLLECT FROM THE USE OF ADTECH WITH OUR THIRD-PARTY ADVERTISING, SESSION REPLAY AND ANALYTICS PARTNERS.  FOR MORE INFORMATION ABOUT HOW USE ADTECH, PLEASE SEE OUR PRIVACY POLICY AT _____________.  


    TERMS OF USE

    CHANGES TO THESE TERMS

    We may change these Terms from time to time.  When we do make changes, those changes will be effective immediately.  By continuing to use the Site after we change these Terms, you are confirming that you have read, understand and agree to be bound by the new Terms.  If we make material changes to these Terms, we will conspicuously post that there has been a change on the top of these Terms, on our homepage or communicate to you in another manner.

    ADDITIONAL TERMS – Purchases and Sweepstakes

    These Terms apply to your use of our Site and Content.  Additional terms and conditions will apply to your purchase of goods or services from the Site and to specific features of this Site.  Likewise, additional terms and conditions apply to sweepstakes, contests and promotions.

    PRIVACY POLICY

    We collect certain Personal Information from you when you visit and use our Site as described in our Privacy Policy. Please see our Privacy Policy.

    OWNERSHIP OF SITE AND ITS CONTENT; INTELLECTUAL PROPERTY RIGHTS

    The Site is comprised of certain text, materials, data, writings, articles, photographs, audio, visual, drawings, icons, interfaces, graphics, images, trademarks, logos, slogans, names of products and product information, including its design, selection, assembly and arrangement (“Content”), and certain software and technical features which operate the Site.  The Site, including its Content, are exclusively the property of Carmex or its licensors, and is protected by copyright, trademark and other intellectual property rights.  The Site and its Content are also a collective work owned by Carmex and protected by U.S. and international copyright laws.

    You may electronically display, copy or print a copy of portions of the Content strictly for your own personal, non-commercial use or to place an order through the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, framing or performance of any Content from the Site is strictly prohibited. Any rights not granted to you under these Terms are expressly reserved by Carmex.

    TRADEMARKS

    Carmex®, IT SOOTHES. IT HEALS. IT PROTECTS®, CLICK STICK®, CARMEX MOISTURE PLUS®, SHARE THE TINGLE™ and other marks shown on this Site are trademarks or registered trademarks of Carmex in the United States and in other countries.  Carmex’s distinctive product packaging and configuration, including without limitation, its lip balm jars, sticks, and tubes, are trade dress or registered trade dress of Carmex in the United States and other countries.

    Carmex’s trademarks and other marks, logos, and names, used on or in connection with the Site and Content are the exclusive property of Carmex and may not be used without the prior written consent of Carmex.  Carmex’s trademarks and trade dress may not be used in a manner that is likely to cause confusion or dilute their distinctiveness or in a manner that disparages or discredits Carmex.  By way of illustration, the Carmex® brand should be used only to refer to lip balm or other products made by Carmex.

    Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Carmex, its licensors or any third party is prohibited and may be prosecuted to the fullest extent of the law.

    The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

    VISITOR ON-LINE CONDUCT

    We ask our Site visitors to comply with the following requirements when visiting or using the Site or its Content:

    • Proper Use of the Site.  Visitors may not engage in any inappropriate, or unauthorized conduct or conduct which is contrary to the intended purpose of the Site.
    • Respect for Intellectual Property Rights.  We respect the intellectual property rights of others and we expect that visitors to our Site also respect those rights, including the intellectual property rights of Carmex and its licensors.  In order for Carmex to protect its intellectual property rights and the rights of Carmex, its licensors and others, Visitors may not: (i) modify, revise, translate or create any derivative works of the Site or its Content;  (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site or its Content; or (iv) remove or alter any proprietary notices, legends, symbols or labels on the Site or its Content,  including, but not limited to, any trademark or copyright notices.
    • No Viruses.  Visitors may not transmit computer viruses, malware, destructive code or other harmful components (“Viruses”) when visiting or using the Site.
    • No Automated Retrieval or Crawling.  Visitors may not use the Site or its Content to: (i) create a database by systematically downloading and storing Content from the Site; or (ii) use an automated search/retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Site or any portion of it without Carmex’s express written consent.
    • No Interference with the Operation of the Site.  Visitors may not take any action that interferes with the normal operation of the Site, imposes an unreasonable or large load on the Site, makes excessive traffic demands of the Site or otherwise disrupts or compromises the performance or security of the Site.
    • No Unauthorized Access.  Visitors may not attempt to gain unauthorized access to the Site or any associated computer systems.
    • No Commercial Use.  Visitors may not publish, broadcast, or redistribute any Content from the Site.
    • Accurate Information.  Visitors must provide accurate, complete and truthful information when using the Site.
    • Compliance with Laws.  Visitors must comply with all applicable international, federal, state and local laws, rules and regulations, including the copyright and trademark laws, when visiting and using the Site and its Content.
    • Security of the Site.  Visitors may not disrupt, interfere with, or otherwise harm or violate the security of the Site, its accounts, passwords, servers or networks connected to or accessible through the Site.

    Carmex may suspend or terminate your ability to use the Site and its Content with or without notice in the event you violate these Terms.

    NO WARRANTIES; WARRANTY DISCLAIMERS

    THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARMEX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH REGARD TO THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGMENT AND WARRANTIES THAT MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

    CARMEX MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THIS SITE OR ITS CONTENT.  CARMEX DOES NOT WARRANT THAT ANY PART OF THE SITE WILL BE UNITERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES.

    CARMEX EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR THE CONTENT.  CARMEX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, OR ANY VIRUSES DUE TO YOUR USE OF THE SITE.

    CARMEX EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF ADTECH ON OUR SITE, INCLUDING, BUT NOT LIMITED TO, SESSION REPLAY TECHNOLOGY OR ANY OTHER ADVERTISING OR WEBSITE ANALYTICS TECHNOLOGIES.

    SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

    LIMITATIONS OF LIABILITY

    Indemnification

    You agree to defend, indemnify, and hold harmless Carmex from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms, Carmex’s intellectual property rights, or your use of the Site, or its Content.

    EXCLUSION OF CONSEQUENTIAL DAMAGES

    IN NO EVENT SHALL CARMEX, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS OR PROFESSIONAL ADVISORS (“COLLECTIVELY THE CARMEX PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OR RELATED TO THE USE OF THE SITE OR ITS CONTENT, THE USE OF ADTECH ON THE SITE OR THE SUBJECT MATTER OF THESE TERMS, EVEN IF CARMEX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS.

    CAP ON DAMAGES

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT, USE OF ADTECH ON THE SITE OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100 USD.  

    SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS.

    NOTICE TO NEW JERSEY CONSUMERS

    If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you to the extent they are unenforceable under New Jersey law: (a) Exclusion of Consequential Damages and (b) Caps on Damages. The laws of the State of New Jersey will apply to any disputes between us and you if you are a New Jersey consumer.

    POSTS AND IDEAS SUBMITTED TO US

    By sending Carmex any ideas, comments, suggestions, questions or other material, or by posting any User Content, you grant Carmex an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with Carmex’s business.  You also agree that Carmex is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

    CAREER OPPORTUNITIES

    You may use the Site to apply for certain career opportunities offered by Carmex. You warrant that all information contained in any resume or other materials you submit to Carmex is current, accurate, and complete. Your submission of a resume or other materials does not in any way require Carmex to review those materials or consider you for employment. Career opportunity descriptions on the Site are subject to change at our sole discretion without notice. 

    LINKS

    Carmex may provide links to Sites operated by third parties for your convenience. Carmex makes no representations or warranties about any third-party websites that you may access through this Site. Carmex is not responsible for the privacy practices or the content of such third-party websites. Please be aware that these other sites are not under our control and these Terms apply only to this Site and do not apply to third party websites.

    DISPUTE RESOLUTION – GOOD FAITH NEGOTATIONS

    We always prefer to resolve disputes by negotiating in good faith. Either party may attempt to resolve a dispute by providing the other party written notice if it cannot be resolved in the ordinary course of business. The receiving party shall respond to the notice in writing within 15 days. Within 30 days after delivery of the notice, the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for claims subject to injunctive or other equitable relief.

    DISPUTE RESOLUTION – BINDING ARBITRATION

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AS THE PARTIES AGREE TO SUBMIT DISPUTES TO INDIVIDUAL ARBITRATION, WAIVE RIGHTS TO A JURY TRIAL AND WAIVE RIGHTS FOR COURT PROCEEDINGS AND CLASS ACTIONS.

    a. SUBMISSION TO ARBITRATION; WAIVER OF CLASS ACTIONS; COURT PROCEEDINGS AND JURY TRIALS

    YOU AND CARMEX AGREE THAT, (I) EXCEPT AS PROVIDED IN SUBSECTION C. BELOW  (DISPUTES EXCLUDED FROM BINDING ARBITRATION) OR (II) IF YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SUBSECTION E. BELOW, ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, THE CONTENT, RELATED TO USE OF ADTECH ON THE SUBJECT OR ANY OTHER MATTER WHICH RELATES TO THE SUBJECT MATTER OF THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING INDIVIDUAL ARBITRATION. 

    THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION NOR CLASS ARBITRATION.

    YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND THAT ANY DISPUTE WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING

    IF THE FOREGOING CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AND CARMEX EACH AGREE NOT TO SEEK, AND WAIVE ANY RIGHT, TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE THROUGH CLASS OR COLLECTIVE CLAIMS.

    b. ARBITRATION PROCEDURES

    Arbitration Organization

    The Parties agree to submit any dispute which is not resolved through good faith negotiations to JAMS for Arbitration.  The arbitration shall be conducted under the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”). You can visit JAMS’ website here https://www.jamsadr.com and obtain information about how to start arbitration at https://adr.org

    If you file an arbitration, the only fee you are required to pay an arbitration initiation fee of $250.00.  Any remaining JAMS Case Management fees and all professional fees for the arbitrator’s services will be paid by us.  All other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules.

    Location and Manner of Arbitration.

    For any claim where the total amount of the award sought is $10,000 or less, unless you request to have an in-person hearing to take place in or near your hometown, the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions.  If the claim exceeds $10,000, the hearing will take place in or near your hometown.

    Appointment of Arbitrator 

    Within 15 days after the commencement of arbitration, the parties shall choose an arbitrator.  If the parties are unable or fail to agree upon the arbitrator within such time period, the arbitrator shall be appointed by JAMS in accordance with the JAMS Rules.  The arbitrator must be neutral, independent and impartial.  The arbitrator must be an attorney with at least 10 years of experience with legal issues related to website terms for consumer product sites.

    Authority; Binding Nature

    The arbitrator is bound by the terms of this agreement to arbitrate. You and Carmex acknowledge and agree that, in any arbitration proceeding, no depositions will be taken and all other forms of discovery of facts will be limited to those things that the arbitrator determines, in its sole discretion.

    The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

    Except for the types of disputes described in subsection c. below (Disputes Excluded from Binding Arbitration), all other challenges to the validity and applicability of this agreement to arbitrate (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator.

    c. Disputes Excluded From Binding Arbitration

    You and Carmex agree that the following disputes are not subject to binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Carmex’s or its licensor’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; (3) any claim for injunctive relief; and (4) any claim falling under the jurisdiction of small claims court.

    In addition, if this arbitration provision is found to be illegal or unenforceable, then neither you nor Carmex will elect to arbitrate any dispute falling within that portion of this section found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction and the parties agree to submit the dispute to such courts. 

    d. Confidentiality

    All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by either party, their agents or professional advisors are confidential, privileged, and inadmissible for any purpose in arbitration or other proceeding involving the parties.  The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

    e. OPT-OUT RIGHTS

    IF YOU WISH TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE, YOU MUST PROVIDE US YOUR NOTICE TO OPT-OUT WITHIN 45 DAYS OF THE FIRST DATE YOU VISIT OR USE OUR SITE OR WITHIN 45 DAYS OF THE DATE YOU VISIT OR USE OUR SITE AFTER WE UPDATE OUR TERMS, YOU MUST SEND US A LETTER STATING: “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO:

    Carma Laboratories, Inc.
    5801 West Airways Avenue
    Franklin, WI 53132

    f. Applicable Law

    This agreement to arbitrate involves interstate commerce, and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (“FAA”), and not by state law. This agreement to arbitrate is intended to be interpreted broadly pursuant to the FAA.

    Governing Law.

    Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, any disputes arising under these Terms shall be governed by the law of the State of Wisconsin, without reference to its choice of law principles.  THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, INCLUDING THE RESIDENTS OF NEW JERSEY.

    CLAIMS OF COPYRIGHT INFRINGEMENT – DIGITAL MILLENIUM COPYRIGHT ACT

    If you believe your material has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has 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.
    6. A statement by the complaining party that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notices of claimed copyright infringement should be directed to:

    By mail:
    Carma Laboratories, Inc.
    5801 West Airways Avenue
    Franklin, WI 53132

    By fax:
    414-421-0737

    By phone:
    414-421-7707

    INTERNATIONAL USE

    We provide this Site and its Content for use in the United States only.  Do not use this Site and Content if you are outside of the United States.

    ASSIGNMENT

    We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is null and void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Carmex. These Terms inure to the benefit of Carmex’s successors and assigns.

    SEVERABILITY

    Except to the extent prohibited by the consumer privacy laws, if any provision in these Terms is held invalid, the remainder shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions remain valid and enforceable.

    LIMITS ON TIME TO FILE A CLAIM

    YOU MUST BRING ANY CLAIMS ARISING FROM THE TERMS, THE SITE, THE CONTENT, OR OUR USE OF ADTECH ON THE SITE WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR THE CLAIM WILL BE TIME BARRED.

    SURVIVAL

    Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of liability, and dispute resolution) will continue in effect beyond any termination of these Terms, or of your access to or use of the Site or the Content.

    NO WAIVER

    Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Carmex.

    ENTIRE AGREEMENT

    These Terms are the entire agreement between you and Carmex with respect to your access to and use of the Site and the Content, the use of AdTech on the Site and the subject matter of these Terms.  This supersedes any prior discussions, understandings, negotiations, or agreements (whether written or oral)  between the parties.

    HOW TO CONTACT US

    If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact us with questions or comments regarding these Terms by email at privacy@carmalabs.com or calling us at 1-833-917-0571.