Terms of Use

1. Acknowledgment and acceptance of our Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between Sandow Companies LLC (together with all its affiliates, the “SANDOW Companies”, “we” or “us”) and you, and govern the rights and obligations applicable to your use of ours websites (including at sandow.com, sandowdesign.com, interiordesign.net, luxesource.com, metropolismag.com, newbeauty.com, design-milk.com, thinklab.design, leadersmag.com, mediajetnetwork.com, thecurator.com, architizer.com, designtvbysandow.com), mobile applications and related online or offline services (collectively, the “Services”), including any associated tools, content, functions, features and publications (collectively, the “Content”).

Please read these Terms and our Privacy Policy before you start to use our Services. You agree that by accessing or otherwise using the Services, you have read, understood and agree to be bound by these Terms and our Privacy Policy. You are also subject to any community guidelines or other rules posted on our Services, which are incorporated by reference into these Terms. You represent that you are at least 18 years old and can form a binding contract with us, and to the extent you are using our Services, registering an account or otherwise acting on behalf of an organization, you represent that you are authorized to accept our Terms on behalf of the organization (and references to “you” in our Terms are understood to apply to both you and your organization). If you entered into a separate executed agreement with us, the terms of that agreement will control to the extent there is any conflict with these Terms.

If you do not agree with these Terms, or if you violate them in any way, you are expressly prohibited from using the Services and must discontinue use immediately. We may in our sole discretion make changes or modifications to these Terms at any time and for any reason, and by using our Services after we post the change, you agree to those changes. We retain the right, in our sole discretion, to deny anyone access to the Services at any time and for any reason, including for violation of these Terms. PLEASE SEE SECTIONS 15-18 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION.

2. License and Reservation of Rights

Subject to your compliance with these Terms, we grant you a revocable non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services solely for the purposes of downloading, using, and/or viewing the Services and Content for your personal, non-commercial use. Other than the limited license expressly granted by us, you have no other rights, title or interest in the Services or Content, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable.

The Services and Content is owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Content may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Content provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services and Content. We may pursue legal action under applicable laws and/or report to law enforcement for any violations, and we may terminate the account of any user believed to violate our Terms.

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Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. You are not authorized to use our company and brand names and logos without express written permission, except to the extent otherwise permitted by law.

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The license granted to you hereunder does not convey to you any of the following: (i) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (ii) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (iii) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (iv) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (v) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.

3. User Conduct and Restrictions

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Content , or retrieve or record information about the Services or its users; (d) merge the Services or Content with another program or create derivative works based on the Services or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Services to others; (g) use, or allow the use of, the Services or the Content in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including commercial, advertising or promotional material, or political campaigning, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot”; (l) give any other person or entity unauthorized access to the Services or (m) scrape, copy, republish, license, or sell the information or Content on the Services. We may pursue legal action and/or report to law enforcement for any such violations.

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You acknowledge and agree that the views expressed in the Content do not necessarily reflect our views, and we do not support or endorse any content or materials, whether or not edited by us, that is posted or submitted by you or any other user.

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You may be required to register as a user on our Services to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the Services. If any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your account or subscription and refuse any and all current or future use of the Services. We reserve the right, in our sole discretion, to terminate your registration at any time for any reason without notice.

4. Your Responsibilities

If we allow you to create a user account for our Services (an “Account”), you are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your Account, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create an Account on behalf of an employer, employee or other individual, we prohibit the creation of and you agree that you will not create an Account for anyone other than yourself. All information you provide or provided to us through any communication, email subscription, Account registration and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password for the Services (if any) secret and secure.

5. Privacy

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.

6. User Content

The Services we provide may include communication features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other individuals (collectively, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Services. Except to the extent otherwise agreed-upon or acknowledged in writing by us, you represent and warrant that: (a) all of your User Content complies with these Terms; (b) you own or have all necessary rights to the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (c) you will pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services; (d) you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have fully responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. You also warrant that any “moral rights” in posted User Content have been waived. We are not a backup service and you agree that you will not rely on the Services for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. Notwithstanding this provision, we will not seek to enforce these Terms or penalize a User with respect to any statement about us or our products and services to the extent it is protected by law.

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You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content that you post through the Services or otherwise provide to us for purposes of the Services and subject to our Privacy Policy. Subject to our Privacy Policy and these Terms, any User Content you post or otherwise provide to us will be treated as non-confidential and non-proprietary. Our Services may be subject to a compromise of security and we do not guarantee that any User Content or other information you provide will be kept confidential in such circumstances.

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We may train and use AI tools with user information and User Content for certain business purposes, such as to analyze customers’ experiences and activities with us, to improve the efficiency, quality, and speed of our business operations, to support communications with customers (such as a chatbot), to generate business content, and to provide more personalized experiences and targeted marketing, but we don’t use AI tools in any manner that could be expected to negatively impact customers in a material or unlawful manner.

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The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such.

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You acknowledge that we are not responsible for User Content posted by our users. We do not pre-screen, monitor, review or edit the User Content, although we have the right (but not the obligation) at our sole discretion to refuse or remove any submissions, in whole or part, that, in our sole judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such User Content. You agree to immediately notify us of any unauthorized use of the User Content, or any other breach of security known or suspected by you. Please exercise common sense and your best judgment when interacting with others, including when you post User Content or any personal or other information.

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If you choose to send us feedback, ideas, suggestions, or other such information (collectively, “Feedback”), you agree to waive all rights in such Feedback and that we are free to use it for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you, and without any commitment to confidentiality unless we expressly provide otherwise.

7. Linking to the Services

You may link to our website pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

8. Disclaimer of Referrals

In addition to the other restrictions, requirements and disclaimers set forth in these Terms, to the extent we provide users with a referral source for architecture, design, medical and/or other professionals of any kind, then if you choose to use such referral tools (including without limitation, interacting with, using or seeking assistance from, any of the professionals referred to you), then to the extent available, you hereby agree and acknowledge as follows:

We disclaim all representations and warranties of any kind with respect to any professional that is or may be featured within the Content;
The professional referral materials contained within the Content are not intended to constitute, replace or otherwise be a substitute for professional advice;
We do not guaranty the accuracy, quality or availability of the referrals;
Your reliance on any Content and/or referral(s) originated within the Content is at your own risk; and
For specific medical-related questions, please see a licensed health care professional of your choosing.

In providing users with a forum to identify and locate professionals, we cannot and do not involve ourself in the agreements between users and professionals (including their representatives) that may be featured in the Content. In addition, we do not screen any professionals and the fact that any professional appears in the Content does not imply an endorsement of them. Accordingly, we cannot ensure the success or level of care that may be provided by any such professional. You, not us, are solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a medical provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding their insurance affiliations.

9. External Links Disclaimer; Affiliate Partnerships

The Services routinely contains links to external, third party websites, including online retailers and social media platforms. By providing links to such sites, we do not guarantee, approve or endorse the information or products available at these sites.

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We do not operate or control, and have no responsibility for, the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

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Users of our Services assume complete responsibility and risk in their use of any external sites, and should direct any concerns regarding any external link contained in the Services to the site administrator or webmaster. We or our affiliate brands may earn a portion of sales from products that are purchased through our Services (for example, by clicking a link in an article).

10. Text Message Program

We may offer the ability to participate in a text message program, such as for updates on orders and for marketing promotions. By opting in to a text message program and/or responding “Y” or “Yes” to an enrollment text message, you confirm that you want to be enrolled in texts and are legally able to enter into these Terms with respect to the provided phone number. You do not need to consent to receive texts as a condition of using our Services. Message and data rates may apply. Text “STOP” at any time to stop receiving text messages; text “HELP” for help.

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Text message frequency may vary based on the Services. We and participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below.

11. Contests, Promotions, Simulations or Games

From time to time, we contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become our exclusive property. Registered users (each, a “Registered User”) are permitted only one account and Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. We may, in our sole discretion, suspend or revoke the registration of any Registered User.

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Registered Users agree to release us and our agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Services. We are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

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Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered Users, as well as applicable laws. A Registered User who violates any of the rules or guidelines for behavior published on the Services, or the site where a contest, promotion, simulation or game is conducted, are subject to immediate disqualification and revocation of their registration. We are under no obligation to award any prize to any Registered User who violates a published rule or guideline, or applicable laws.

12. Purchases

If we provide you with an ability to make purchases through the Services the following terms apply: (1) We make reasonable efforts to accurately display the relevant features and details of the available products and services, but do not guarantee that such attributes as presented will be accurate, complete, reliable, current, or free of errors. All products and services are subject to availability, and we cannot guarantee that items will be available. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change at any time. (2) You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. All purchases made from us are for consumer use only. No products purchased with us are intended for resale without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit. If your selected payment method is cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your account. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All payments must be in U.S. dollars unless otherwise specified. (3) You agree to pay all charges at the prices then in effect for your purchases and any applicable sales tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (4) We reserve the right to accept or reject any order/purchase. ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.

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You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

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We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

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We are committed to customer satisfaction. Should any non-conforming and/or damaged products be received by you in connection with our Services, some products may be returnable based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, we may replace products damaged from shipping or otherwise in our discretion. Unless we agree otherwise in writing, all products purchased will be sold FOB third party carrier.

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Note that this provision does not relate to products we may link to for sale on third party websites; such products are solely subject to the terms of such websites.

13. Digital Subscriptions

The following terms apply to our digital subscription products:

Any subscription lasts for a period of one year from the date of purchase; costs vary but are described at the time of purchase. App subscriptions generally allow for access to all published content in the relevant app.
Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. You can manage your subscriptions and turn off auto-renewal by going to your Account Settings after purchase. You will be charged for renewal within twenty-four (24) hours prior to the end of the current period, for the same duration and at the current subscription rate for that product.
No cancellation of the current subscription is allowed during active subscription period. This does not affect your statutory rights.
Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
Apps may offer a free or discounted trial period. At the end of the trial period, the full price of the subscription will be charged. Cancellations must occur twenty-four (24) hours before the end of the subscription period to avoid being charged. Please visit http://support.apple.com/kb/ht4098 for more information.
Payments in the Apple App Store will be charged to your iTunes Account at confirmation of purchase.

Single issue purchases may also be available.

14. Modifications And Interruptions

We cannot guarantee the Services will be available at all times. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We may modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, OUR SERVICES, THE CONTENT THEREON AND THE PRODUCTS/SERVICES OFFERED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SERVICES OR CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION AS A RESULT OF (i) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (ii) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (i) THAT ANY PORTION OF THE SERVICES OR CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (ii) THAT ACCESS TO THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL SERVICES, CONTENT OR OTHER PRODUCTS MADE AVAILABLE BY US (OR OTHERS) THROUGH THE SERVICES.

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WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY CONTENT SHALL DO SO AT THEIR OWN RISK.

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BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED , AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” These Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.

16. Limitation of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CONTENT, EVEN IF SANDOW OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CONTENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Applicable Laws; Jurisdiction and Arbitration

You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and excluding disputes addressed through arbitration as provided below, you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of Florida, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms and the Services.

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We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us.

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Excluding claims by us for injunctive or other non-monetary relief, any disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements related to the Services or these Terms (including disagreements concerning the existence, breach, interpretation, application or termination of these Terms), shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures then in effect, except as otherwise provided below. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, we will pay the additional cost.

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The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

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The arbitration shall take place in Boca Raton, Florida or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations without JAMS before an arbitrator mutually agreed-upon by the Parties (and terminate any pending filing, proceeding or administration by JAMS), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures or a similar set of rules and procedures required by the arbitrator.

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YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (aside from consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

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You agree that any unauthorized use of the Services or Content will result in irreparable injury to us, for which money damages would be inadequate. Therefore, in such event, we have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this section or elsewhere in these Terms shall be construed to limit remedies available pursuant to statutory or other claims that we may have under separate legal authority.

18. Indemnification

Upon a request by us, you agree to defend, indemnify and hold us and our affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Services or Content, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Services or Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

19. Unauthorized Use of Third Party Content

We respect the intellectual property rights of others, others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us (a “Notification”) via the contact information provided at the end of these Terms; provided however, that when notifying us that copyrighted material may have been infringed, written notification must be submitted in writing as provided by law to our Designated Agent as follows:

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Chief Operating Officer
SANDOW3651 FAU Boulevard
Boca Raton, FL 33431
Phone: 9179342800
Email: info@sandow.com

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To be effective, you must provide a copyright infringement notification as follows:

Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Services;
Your address, telephone number and email address, and the contact information (if known) for the user who posted the allegedly infringing content (email address is preferred);
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed.

A copy of your Notification will be sent to the user who posted the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

20. App store terms

If you access our apps from a third party app store platform (e.g., Apple, Google) (“App Store”), your access and use of the Apps will also be subject to that App Store’s terms (“App Store Terms”). For informational purposes, note that the App Store Terms generally provide that you agree or acknowledge as follows:

These Terms are between you and us only, and not with the App Store, and the App Store is not responsible for our Apps and Materials. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the App Store has no warranty obligations whatsoever with respect to the Apps.
Your license to use the Apps is limited to a non-transferable license to use the Apps on any devices supported by that App Store that you own or control, and as permitted by the usage rules set forth in the App Store Terms, except that the Apps may at times be accessed and used by other accounts associated with you (e.g., via family sharing programs).
The App Store is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the Apps or your possession and use of Apps infringe that third party’s intellectual property rights, we, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to our Terms.
Under some App Store Terms, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The App Store provider with its legal affiliates are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their privacy policy and practices.

21. International Use

Our Services are operated from the United States. Although the Services may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited (e.g., countries sanctioned under applicable law). Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with United States and local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

22. Provisions Held Unenforceable or Invalid

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. Assignment

You may not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

24. Electronic Communications, Transactions and Signatures

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us through electronic means (e.g., email), and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Services, satisfy any legal requirement that such communication be in writing. All notices to us asserting a legal claim shall be in writing and effective upon receipt by us via conventional mail or courier (i.e., UPS, FedEx).

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YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICES. You hereby waive any rights or requirements under any applicable laws which require an original signature or delivery or retention of non-electronic records.

25. Contact Us

If you have any questions, concerns or comments about these Terms or our Services, or to resolve a complaint regarding the Services, please contact us at:

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SANDOW
Attention: Chief Operating Officer,
3651 FAU Boulevard, Boca Raton, FL 33431
Phone: 9179342800
Email: info@sandow.com

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These Terms were last updated September 13, 2024