Terms of Use

Effective February 27th , 2021

These Terms of Use (“Terms”) govern your access to and use of website at JOSHWAX.COM and any other website for which JOSH WAX, its affiliates, subsidiaries and other related companies, products, content, online or mobile applications, software, or other services (collectively the “Services”). Please review these Terms carefully. These Terms – which incorporate our Privacy Policy – constitute a binding legal agreement between you and us. These Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

ELIGIBILITY and Permitted Users of this Website

This Website is intended solely for persons who are 21 or older and to be used and accessed only by persons who are 21 years or older. You agree that by using this Website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the Website by persons under 21 is strictly prohibited.

MODIFICATION

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated or Effective” at the top of these Terms with the new date. You are advised to consult these Terms regularly for changes. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

PROFESSIONAL ADVICE DISCLAIMER

All Content found on the Site was created for informational purposes only. Any statements about, or descriptions of, products have not been evaluated by the U.S. Food and Drug Administration and the results indicated may not be the same for all individuals. All products should be used strictly in accordance with the product directions and precautions. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND JOSH WAX MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PRIVACY

We collect certain data about you and from your use of the Website as described in our Privacy Policy, which is incorporated into these Terms of Use and describes our data collection, use, and sharing practices. See Josh Wax’s Privacy Policy page for information and notices concerning collection and use of your personal information.

OWNERSHIP

The Site, Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, JOSH WAX and its licensors exclusively own all rights, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of JOSH WAX used herein are trademarks or registered trademarks of JOSH WAX. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

COPYRIGHT POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by JOSH WAX infringe your copyright, you, or your agent may send a notice to JOSH WAX requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JOSH WAX actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to JOSH WAX a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. 

LINKS TO THIRD-PARTY SITES

The Site may contain links to third-party websites or resources. You acknowledge and agree that JOSH WAX is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JOSH WAX of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LINKING TO THIS SITE 
JOSH WAX permits anyone to link to this Site subject to the linker’s compliance with the terms and conditions set forth below. A site that links to this Site:
1. Must not present misleading or false information about JOSH WAX’s Services or products;
2. Must not misrepresent JOSH WAX’s relationship with the linker;
3. Must not imply that JOSH WAX is endorsing or sponsoring the linker or the linker’s services or products;
4. Must not use JOSH WAX’s logos without prior written permission;
5. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
6. Must not contain materials that would violate any laws;
7. Must agree that the link may be removed at any time upon JOSH WAX’s request pursuant to JOSH WAX’s reserved rights to rescind its consent to allow the link.

JURISDICTIONAL ISSUES

JOSH WAX makes no representation or warranty that the Content on the Site and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. JOSH WAX reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Services or products that we provide.

DISCLAIMERS

THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JOSH WAX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. JOSH WAX MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JOSH WAX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOSH WAX OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

INDEMNITY

You agree to indemnify, defend, and hold JOSH WAX and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER JOSH WAX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOSH WAX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without JOSH WAX’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JOSH WAX may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

CONTACTING JOSH WAX

If you have any questions about these Terms or other information, please contact us at info@joshwax.com