Terms and Conditions
Terms and Conditions
(Effective date June 1, 2011)
The following terms and conditions govern all transactions conducted on this website. By using this website (www.phitenusa.com), you will be deemed to have read and agreed to the following terms and conditions.
Modification of These Terms and Conditions
We, Phiten USA, Inc. ("Phiten"), reserve the right to change at any time the terms, conditions, and notices under which all products and offers on this website are offered, including but not limited to the charges associated with the use of this website. You are responsible for regularly reviewing these terms and conditions each time you conduct a transaction on the website.
Purchase Related Policies and Procedure
To view policies and procedures related to orders placed through this website (such as order processing, shipping, and handling, return and exchanges), please see our Return Policy Information in our FAQ.
Links to Other Websites and Products
Links to other websites are provided for the convenience of users. We do not provide any warranty regarding the accuracy or completeness of the content of other such sites that are not operated by Phiten, or the reliability, quality or effectiveness of any products provided through those third party websites that are not operated by Phiten. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.
Copyrights and Trademarks
Material on this website, including text and images, is protected by copyright law and is copyrighted to Phiten unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. No part of this site may be distributed or copied for any commercial purpose or financial gain.
All trademarks, service marks, and trade names ("Marks") are trademarks or registered trademarks of and are proprietary to Phiten, or other respective owners that have granted Phiten the right and license to use such Marks.
Warranties and Liability
We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.
PHITEN USA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO PHITENUSA.COM INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
By using this website, you agree that in no event will Phiten be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.
Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or other limitations prohibited by law.
By using this website, you agree that any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to the transactions you conduct on this website, including the determination of whether the claims asserted are arbitrable, shall be exclusively and finally determined by arbitration held in Los Angeles, California under the rules of the American Arbitration Association in effect from time to time. The claims shall be governed by laws of the State of California, without regard to conflict of law rules. Claims submitted to arbitration under this provision may only be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. In addition, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Choice of Law and Jurisdiction
The Terms and Conditions shall be interpreted and governed by the law of the State of California without regard to any conflict of law provisions.
Phiten shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, and no other party will have a right to terminate this Terms and Condition in such circumstances.
The Terms and Conditions constitute the entire agreement between you and Phiten USA, Inc. with respect to this website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Phiten with respect to this website. No modification of the Terms and Conditions shall be effective unless it is authorized Phiten USA. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.