Terms of service

TERMS and CONDITIONS OF USE 

Welcome to Sepoli.com. Please read these terms and conditions of use (these “terms”), which incorporate our Privacy Policy with other terms described herein. These terms constitute a legally binding agreement between you and Sepoli LLC, which affects your legal rights, remedies, and obligations. 

By using our sites (as defined below), you are stating that you have read and understand, and agree to be bound by, these terms and conditions of use (whether or not you confirm your agreement, such as by clicking “I agree”). If you do not agree to these terms, you are not permitted to use any of our sites. 

Our website is operated by Sepoli LLC. Throughout the site, the terms “we”, “us” and “our” refer to Sepoli LLC which offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, "Terms of Sales", “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

1. ACCEPTANCE AND MODIFICATION OF TERMS. By accessing any of our Sites, you agree to these Terms and any additional Official Rules, Terms of Service or other Additional Terms (as each are defined below) that may apply to your activity on our Sites, and also consent to our Privacy Policy and Statement. The Privacy Statement and all such Additional Terms are incorporated in these Terms by reference and these Terms shall govern the interpretation of such Additional Terms. You acknowledge that you have reviewed and understand these Terms in their entirety, that you agree to these Terms in their currently posted form, and that these Terms constitute binding and enforceable obligations on you. We may make changes to these Terms from time to time and may notify you by posting a revised version on our Sites or otherwise providing you with adequate notice, such as by emailing you at the email address you provided to us. Your continued access or use of our Sites following changes to these Terms will constitute your acceptance of any changes to our Terms. You may also be asked to re-acknowledge and re-accept these Terms following any material changes. If the modified Terms are not acceptable to you, your only recourse is to cease using our services and our Sites.

2. INTENDED USE OF OUR SITES. Our Sites are intended for personal, non-commercial use and may not be exploited in connection with any business or commercial purpose, even for non-profits, without the prior express written permission of Sepoli. 

Sepoli intends to welcome all individuals to its Sites, subject to applicable laws. However, certain features of Sites or Content may have age or geographic restrictions or otherwise be limited by applicable laws. Where such restrictions apply, we will attempt to notify you of such restrictions of which we are aware. You may be required to provide certain verification information before proceeding. By using our Sites, you represent and warrant that you are of legal age to enter these Terms or have obtained parental or legal guardian consent to do so.

Sepoli LLC is based in Napa, California, in the United States of America. Sepoli also operates websites intended for use by residents of other countries (which, for the avoidance of doubt, are not Sites); please visit those websites if you are accessing the Sites from those countries. Sepoli makes no claims that any of our Sites, any feature or service on our Sites, any Content, or any User Content (as defined below) is appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access our Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you are located in the European Union, Canada, Mexico or elsewhere outside of the United States, please be aware that information we collect through your use of our Sites may be transferred to and processed in the United States or other territories in which the privacy laws may not be equivalent to or as comprehensive as those in the country where you reside and/or are a citizen. We encourage you to refer to our Privacy Policy and Statement.  

3. NUTRITION, FITNESS AND WELL-BEING INFORMATION. Certain Content presented on our Sites is intended to impart general nutrition, fitness, and wellness information. Such informational Content is not intended to be construed as, or be a substitute for, professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health provider before beginning a new nutrition or fitness program. If you have any questions or concerns regarding your health or nutrition or any medical condition you should always consult with a qualified health provider. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Sites, Content, products, or services.

If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor our Sites recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment, therapy, or other information on or associated with our Sites. You should always consult your own qualified health care professional concerning your circumstances and needs and not rely on our Sites or Content. Use of our Sites, Content, products, and services is solely at your own risk. 

4. CONTENT ON OUR SITES. Sepoli may make certain content, including information, text, comments, reviews, graphics, photos, pictures and other images, video, music and other audio files, software, applications or games, and other material, features or functions (collectively, the "Content") available on our Sites. We may place limitations, such as on the number of times you may download Content, how you may use or reproduce Content or how many or which devices you may use to access the Content. In addition, additional terms may apply to your use of specific Content as described in Section 13.

Content is owned by Sepoli, or our licensors, and is protected by copyright, trademark and other laws and regulations of the United States and foreign jurisdictions. You may not use Content in any way not expressly permitted by these Terms, and if you do, your right to use the Content will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, disseminate, or otherwise exploit the Content in any way or form without our prior express written permission.

Our Sites also display trademarks, names, slogans, logos, characters, and service marks ("Trademarks") that belong to Sepoli or have been licensed to us. Nothing contained on our Sites should be construed as granting any license or right to use any Trademarks displayed on our Sites. You may not use the Trademarks in any way not expressly permitted by these Terms, and if you do, your right to use the Trademarks will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, display, or otherwise exploit our Trademarks in any way or form without our prior express written permission. All rights not expressly granted herein to the Content, Trademarks and any other aspects of our Sites are reserved.

Sepoli reserves the right to fully enforce its intellectual property rights of the law, including seeking monetary damages, civil penalties and criminal prosecution.

5. USER OBLIGATIONS. In using our Sites and providing User Content, you agree that we reserve the right to control the Content available on our Sites and understand that we may comply and cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has posted information or materials to our Sites. While we may monitor the Content on our Sites, including User Content, we are under no obligation to do so and assume no responsibility or liability arising therefrom.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You further agree that you are prohibited from posting or transmitting, through or in connection with our Sites:

  • Any unlawful, threatening, defamatory, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, hateful, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
  • Any virus, worm, Trojan horse, time bomb, spyware or other computer code, file or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
  • Any material non-public information about a party without the proper authorization to do so.

In addition, you will not use our Sites:

  • For any fraudulent or unlawful purpose;
  • To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including rights of privacy or publicity, or harvest or collect Personal Information (as defined in the Privacy Statement) about other users;
  • To impersonate any person or entity, including Sepoli (including any of our affiliates), or any users of the Sites;
  • To falsely state or otherwise misrepresent your affiliation with any person or entity;
  • To express or imply that we endorse any statement or posting you make, or any products or services you may offer;
  • To disparage or injure the reputation or goodwill of Sepoli, or any of its officers, directors or employees (but this is not intended to prevent or discourage you from providing honest review about our products and services);
  • To interfere with or disrupt the operation of our Sites or the servers or networks used to make our Sites available, or violate any requirements, procedures, policies or regulations of such networks;
  • Restrict or inhibit any other person from using our Sites, including by hacking, impeding access or defacing any portion of our Sites;
  • Use our Sites to advertise or offer to sell or buy any goods or services without our express prior written consent;
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to our Sites;
  • Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Sites;
  • Remove any copyright, trademark or other proprietary rights notices from our Sites or from materials originating from our Sites;
  • Frame or mirror any part of our Sites without our express prior written consent;
  • Create a database by systematically downloading and storing all or any Content from our Sites; or
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of our Sites, without our express prior written consent. 

6. ACCOUNT SECURITY. Portions of our Sites may require you to create an account with a username and password. By creating an account, you represent and warrant that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account passwords, and you are solely responsible for all purchases and other activities that occur under your account. We reserve the right to require you to change your password if we believe your account is no longer secure.

7. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. THIRD-PARTY LINKS

Our Sites may contain links to other websites that are not affiliated with us. Sepoli does not recommend, monitor, control or endorse any third-party advertising, content, or other materials accessible on any third party websites so linked and is not responsible for any terms of use or privacy policies applicable to such websites, or how any such websites or third party may treat, handle or share your information. Your use of third party websites is at your own risk. Please be mindful of this as you link to other websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We may allow you to link other websites to our Sites subject to your agreement to and compliance with these Terms, with or without our authorization, though we reserve the right to block or disable any links to or from our Sites at any time and for any reason. You agree to remove any links to our Sites on our request. You may not link to or otherwise provide access to any of our Sites in any way that alters the look, feel or functionality or any aspects of our Sites. In general, Sepoli does not object to links to our Sites from third party websites that do not violate these Terms. 

9. LIMITATION OF LIABILITY. The use of our Sites and Content is at your own risk and the Sites and Content are provided on an "AS IS" and “AS AVAILABLE” basis, without any express warranties or representations of any kind. In addition, you acknowledge that transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of our Sites, including information you provide to us on our Sites.

Some jurisdictions do not allow the exclusion, limitation, or disclaimer of certain types of warranties, damages or liability in whole or in part. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit our liabilities, the scope and duration of such exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

10. INDEMNIFICATION. Except to the extent prohibited by law, you agree to defend, indemnify and hold harmless Sepoli and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, actions or demands, costs, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of: (a) your use of, or activities in connection with, our Sites; (b) any allegation that User Content from you infringes, misappropriates, or otherwise violates the intellectual property, publicity, privacy or other proprietary rights of others or violates these Terms; or (c) any other violation of these Terms attributable to you.

11. TERMINATION AND ACCESS CANCELLATION. 

We reserve the right to suspend or refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order without prior notice. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy. 

12. COPYRIGHTS. Sepoli respects the copyright and intellectual property and ownership rights of others. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites infringes your copyright, you may send us a notice to our Copyright Agent (as identified below) requesting that the material be removed or access to it blocked.

For the notice to be effective, it must be in writing and must include the following information: 

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); 

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites;

(d) the name, address, telephone number and email address (if available) of the complaining party;

(e) 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; and

(f) a statement 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, and (if applicable) counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding the Content, your or other User Content, or otherwise relating to the Sites should be sent to:

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we reserve the right to terminate users who are repeat infringers in appropriate circumstances.

13. ADDITIONAL TERMS AND THIRD-PARTY SERVICES. Portions of, or certain services available on, our Sites, may be subject to additional terms between you and Sepoli (as further described below, “Additional Terms”) that will be described in separate agreements, rules or policies posted on the applicable portions of our Sites and are incorporated herein by reference. Additional Terms include the following:

(a) Certain features or functionality of our Sites may be subject to Additional Terms made available on the applicable portions of our Sites.

(b) In addition, Sepoli or its authorized partners may operate sweepstakes, contests, and promotions ("Promotions") through our Sites. You should carefully review the Additional Terms containing the official rules ("Official Rules") of each Promotion in which you participate, as they may contain additional important information about Sepoli’s rights to and ownership of the submissions you make as part of the Promotions and because of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion.

Portions of our Sites may incorporate or allow you to use third party products and services (“Third Party Services”), which may include without limitation an online e-commerce platform and the ability to post and read reviews of our products. We are not responsible to you for any Third-Party Service or any policies or agreements applicable to any Third-Party Service. Your use of any Third-Party Service is subject to the applicable license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third-Party Service. We do not approve or endorse any Third-Party Service, nor are our Sites approved or endorsed by any Third Party Service.

14. DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER.

(a) You hereby agree that any claim or dispute between you and Sepoli, whether brought by you or by Sepoli, arising out of or relating in any way to these Terms your use of our Sites or any Content, or other aspect of the Sites, must be resolved through final, binding arbitration, except that either of us may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable.

There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow these Terms, as a court would.

(b) All arbitrations under these Terms shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. You acknowledge and agree that unless otherwise agreed in writing by you and Sepoli, regarding any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims. You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

(c) Before commencing any arbitration proceedings under these Terms, a party must first send to the other a written notice of dispute (“Notice”). Your Notice to Sepoli must be sent to: Sepoli Legal Department, contact@sepoli.com. If a party’s claim is not resolved within fourteen (14) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with these Terms. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or its successor (“AAA”) or, if you are an individual, the AAA's Consumer Arbitration Rules, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. 

Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Sepoli's principal place of business is located, without regard to its conflict of laws rules. If the parties do not agree on an arbitrator within fourteen (14) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

You or we also may choose to have the arbitration conducted by telephone, based on written submissions or in person at another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules.

YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 14(a) ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION 14(a) ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 14(b) AND 14(c) ABOVE.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

15. ENTIRE AGREEMENT AND ASSIGNMENT. These Terms, including any additional terms or policies incorporated herein by reference, constitute the entire agreement between you and Sepoli regarding our Sites and supersedes all other oral or written terms, representations, promises or discussions. Sepoli can amend these Terms as provided in Section 1. You cannot amend these terms except through a mutual, written agreement signed by you and an authorized officer of Sepoli LLC that expressly states that it is amending these Terms.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Sepoli may assign or transfer these Terms, at its sole discretion and without restriction.

16. ELECTRONIC COMMUNICATIONS NOTICE. When you use our Sites or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Sites. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Sites.

17. ENFORCEMENT AND SEVERABILITY. The failure of Sepoli to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Sepoli representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

18. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19. PROHIBITED USES and TERMINATION

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

20. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United States. 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

Questions about the Terms of Service should be sent to us at contact@sepoli.com