TERMS OF SERVICE
Last Updated: June 7th, 2024
IMPORTANT – PLEASE READ OUR TERMS OF USE AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITIES, AND CLASS ACTION WAIVER AND MANDATORY ARBITRATION PROVISIONS (SEE SECTIONS 14, 15, AND 16, RESPECTIVELY.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT
WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU
OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO
OPT-OUT.
Syros Outlet Inc (“we,” or “us”) provides its website, Syros
Outlet Inc, located at shop.tacticalxabs.com (together with all other websites and services operated on behalf
of Syros Outlet Inc, the “Site”), to you, an individual user (“you”) for your
individual usage, subject to your acceptance of, and compliance with, the terms and conditions set forth
herein.
TABLE OF CONTENTS
- Agreement
- Changes to these Terms
- Privacy and Security Disclosure
- Intellectual Property
- User Conduct
- One-Time Purchase Offers
- Account Registration
- VIP Membership
- Automatic Billing and Cancellation Policy
- Refunds
- Shipping
- Payment Methods
- Social Media
- Disclaimer of Warranties
- Disclaimer of Liabilities
- Dispute Resolution By Mandatory Binding Arbitration And Class Action Waiver
- Indemnification
- Third-Party Websites and Links
- Testimonials, Reviews, and Other Submissions
- Electronic Communications
- Assignment
- No Waiver
- No Agency Relationship
- Severability
- Termination
- Entire Agreement
- Questions or Additional Information
- Products and Price
Terms of Use & Conditions of
Sale
1.
Agreement
By accessing or using this Site, or
placing an order through the Site, you agree to be bound by our Terms of Use & Conditions of Sale
(“Terms”) and Syros Outlet Inc Privacy Policy, which is expressly incorporated into these Terms.
If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in
any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND
CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO
PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION
PROVISIONS IN SECTION 15 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
By using the Site and agreeing to these Terms, you represent that you are at
least the age of majority in your state or province of residence. If you use the Site, you are affirming that
you have the legal capacity to enter into a binding contract with us, and have read this Agreement and
understand and agree to its terms.
2. Changes to
these Terms
Syros Outlet Inc reserves the right
to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can
review the most current version of these Terms at any time by visiting this page (https://policy.tacticalxabs.com/storetacticalxabs/policies/terms.html).
It is your responsibility to check this page periodically for changes. Your continued use of, or access to,
the Site following the posting of any changes constitutes your binding acceptance of those
changes.
3. Privacy and Security
Disclosure
Syros Outlet Inc Privacy Policy may
be viewed at (https://policy.tacticalxabs.com/storetacticalxabs/policies/privacy.html).
The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this
Agreement. Syros Outlet Inc reserves the right to modify the Privacy Policy at its sole
discretion.
4. Intellectual Property
The Site and the content contained herein, as well as all copyrights, including
without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos,
interactive features, services, links, user submissions (as defined in Section 17) , third-party apps, and any
other content on the Site (collectively, “Content”) and the trademarks, service marks and logos
contained therein are the property of Syros Outlet Inc and its third-party licensors or providers. You may
access and use the Content, and download and/or print out copies of any content from the Site, solely for your
personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any
ownership rights by using the Site. Syros Outlet Inc reserves all rights not expressly granted in and to the
Site.
The site may contain references to protected trademarks and service marks of other
parties, but Syros Outlet Inc may not specifically identity them as such. Syros Outlet Inc does not claim
ownership in any such marks.
5. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post,
transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin
boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission.
Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial
use is a violation of our copyright and other proprietary rights, and can subject you to legal liability. In
addition, in connection with your use of the Site and its services, you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without
limitation, by means of “hacking” or defacing any portion of the Site;
Use the Site for any unlawful
purpose;
Express or imply that any statements you make are endorsed by us, without our prior
written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to download, retrieve, index, “data mine,” “scrape,”
“harvest” or in any way reproduce or circumvent the navigational structure or presentation of the
Site or its contents;
Harvest or collect information about
visitors to the Site without their express consent;
Send unsolicited or unauthorized
advertisements, spam, chain letters, etc. to other users of the Site; or
Transmit any Content which contains software viruses, or other harmful computer
code, files or programs.
For any questions, please contact our customer service team at Loading... or
Loading....
6. One-Time Purchase
Offers
Unless you choose to opt in to the VIP
Membership at checkout, all other sales made on the Site are one-time purchase offers. If you do not select
the VIP Membership checkbox during checkout, you will not be enrolled in the VIP Membership and will only be
charged for the items in your cart. Your order will be processed within 24–48 hours and delivered via USPS
within 1–2 weeks. Tactical X Abs will appear as “tacticalxabs”
on your bank statements.
7.
Account
Registration
In order to access some of the
services of the Site, you will be required to create an account. By creating this account you agree to the
following:
You may only
maintain a single account;
You may never share your account user
name or password or knowingly provide or authorize access to your account (including without limitation a
Syros Outlet Inc Premium Subscription Services);
You may never use another user’s
account without permission;
When creating your account, you must
provide accurate and complete information;
You are solely responsible for the
activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your
account; and
You will be liable for any use made of your account or password and the losses
of Syros Outlet Inc or others due to such unauthorized use. We will not be liable for your losses caused by
any unauthorized use of your account.
Syros Outlet Inc has the right, in its
sole discretion, to cancel your subscription or suspend your access to the Site.
8. VIP
Membership
BIG SAVINGS are ahead! Tactical X
Abs VIP Membership comes loaded with benefits. At Tactical X Abs we pride ourselves on offering customers the
best deals on the products they love. Your VIP Membership takes that one step further.
As a VIP member we’ll send you a unique discount code each month to your
inbox. Be sure to use this code at checkout to take advantage of the following benefits with your VIP
Membership today!:
-You don’t have to pay for
shipping
-Up to 80% off all
of the great products on your next purchases.
-No hassle, no questions asked replacement on any items.
-Priority Processing – Have your
orders placed in front of the line!
-Get all these benefits with your membership!
Important: By placing your VIP membership order, you will be charged $34.73 now, your second payment will be after 21 days, and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to each transaction and a receipt after every successful payment. If you do not wish to be charged a membership fee plus any applicable taxes, you may cancel anytime by contacting our support team at Loading... or by calling us at Loading....
Note: All charges will be billed as “tacticalxabs” on your
statements.
9. Automatic Billing and Cancellation
Policy
Some of Syros Outlet Inc Premium
Services are provided on a subscription basis. Your subscription will automatically renew at the then-current
rate for the subscribed service, until you notify us of your decision to terminate your subscription. Most
subscriptions will renew of one-month terms, regardless of the offer under which that subscription
started.
By allowing the renewal to proceed, you have provided your electronic authorization
for future charges against the card that you have on file. You further agree that your subscription fee(s)
will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax,
if applicable) to the credit card(s) you have on file. If you have more than one card on file, the first card
will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will
use the unexpired credit card.
You may cancel your subscription(s) at
any time prior to the renewal term. To cancel your membership, please call customer service at Loading....
10. Refunds
Hey, we get it’s hard to trust a product which sounds too good to be true.
That’s why we’re proud to offer our 30-day money-back guarantee! How to claim your money
back:
- After the day your order is delivered, you can call us at Loading... to claim your “30 Day Money-Back Guarantee” opened and unopened products are eligible for return.
- A return merchandise authorization (RMA), return authorization (RA) or return goods authorization (RGA) is a part of the process of returning a product to receive a refund, replacement, or repair during the product’s warranty period.
- If you are not completely satisfied by the performance, email a customer care representative via the same email chain sharing your review and money-back request.
- Once approved, return the product via a trackable mail service within 30 days from the delivery date to the address provided by our customer care representative.
- Incomplete, indecipherable or illegible claims will be deemed invalid. Real postage costs for the sending and return of the product are the full responsibility of the claimant and will not be refunded.
- Once returned, you will get your refund within 30 days from the date of receiving product.
- Our return address is 304 S. Jones Blvd #3787, Las Vegas, NV, 89107 USA
At Syros Outlet Inc our goal is to offer you the best shipping options, no matter where you live. Every day, we deliver to hundreds of customers, ensuring that we provide the very highest levels of responsiveness to you at all times.
Processing time: Order verification, tailoring, quality check and packaging. All orders are sent to the manufacturer for dispatch within 24 hours after the order is placed. The manufacturer and fulfillment company process the orders, which takes 24 hours on average.
Shipping time: This refers to the time it takes for items to be shipped from our warehouse to the destination. After processing and leaving the warehouse, items usually take between 2 and 3 days to arrive at their destination but can take longer from time to time.
Shipping Method: US orders are shipped via USPS otherwise known as the US
Postal Service.
12. Payment Methods
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from
Visa, MasterCard, American Express, and Discover.
When placing an order online, you will
need:
The address the
card’s statement is sent to (billing address);
The card number and expiration date;
and
The 3 or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you
represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a
subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all
payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees;
and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third party payment service providers may request, and we may receive,
updated credit card information from your credit card issuer, such as updated card numbers and expiration date
information when your credit card has expired. If such updated information is provided to us and our
third-party payment service providers, we will update your account information accordingly, and will use such
updated information to process payments for your subscription(s) if you signed up for subscription(s). Your
credit card issuer may give you the right to opt out of providing vendors and third-party payment service
providers with your updated credit card information. If you wish to opt out of your credit card’s
updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer
may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly
and seek payment by another method including a mailed statement.
Tactical X Abs will appear as “tacticalxabs” on your
statements.
13. Social Media
This section applies to everyone who interacts with our social media presence,
including comment sections, feeds, and other elements of social media presence viewable on Facebook,
Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social
media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should
have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement
apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not
controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions
expressed by users on social media are theirs alone and do not reflect the opinions of Syros Outlet Inc.
Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may
remain there until they have been identified by us or called to our attention and we are able to work through
the necessary procedures and technical processes to have them removed. If you see an offensive or
inappropriate post or comment on our Social Media Presence, you should report it to the operator of the
applicable site or platform using the procedures they have established for that purpose.
14. DISCLAIMER OF
WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE
OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO,
AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT
REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE
OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE
WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
15. DISCLAIMER OF
LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE
OR PROHIBITED BY LAW, IN NO EVENT SHALL Syros Outlet Inc OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR
ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Syros Outlet Inc HAS HAD NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS
OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY
OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS
OF LIABILITY SET FORTH ABOVE, Syros Outlet Inc IS FOUND LIABLE UNDER ANY THEORY, Syros Outlet Inc LIABILITY
AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL
CLAIMS, REGARDLESS OF WHETHER Syros Outlet Inc WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF
DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. DISPUTE
RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT
WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH
FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A
TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL,
MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit.
“Claim” means any dispute between you, Syros Outlet Inc, or any involved third party relating to
your account, your use of the Website, your relationship with Syros Outlet Inc, these Terms, or the Privacy
Policy. This includes any and all claims that relate in any way to your use or attempted use of the products,
and any act or omission by Syros Outlet Inc, or any third party related to your use or attempted use of the
products. You, Syros Outlet Inc, or any involved third party may pursue a Claim. Syros Outlet Inc, agrees to
final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final
and binding confidential arbitration should you have any Claims against Syros Outlet Inc. By agreeing to
arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding
confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to
final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration
Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
b.
Exceptions
Notwithstanding the foregoing, and
as an exception to final and binding confidential arbitration, you and Syros Outlet Inc both retain the right
to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an
individual (non-class) basis, including overdue account matters within the small claims court’s
jurisdiction. Syros Outlet Inc will not demand arbitration in connection with any individual claim that you
properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the
state or federal courts located in Arizona, Arizona: (i) any dispute, controversy, or claim relating to the
infringement or validity of our proprietary rights, including without limitation, trademarks, service marks,
trade dress, copyrights, trade secrets, or patents; or (ii) an action by Syros Outlet Inc for temporary,
preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief,
against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or
joining any claims that are excluded from final and binding arbitration pursuant to this subsection
“b” in any representative or class-wide capacity, including but not limited to bringing or joining
any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small
claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded
from final and binding arbitration by this subsection “b,” the parties consent to exclusive
jurisdiction and venue in the state and federal courts located in Arizona, Arizona, and forever waive any
challenge to said courts’ jurisdiction and venue.
c. Required
Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we
agree to first contact the other with a written description of the dispute, which shall include all relevant
documents and information, and the proposed resolution. You may send the written description of any dispute
you have with us by 7132 W Mountain View Rd, Peoria, AZ 85345, United States. Syros Outlet Inc will contact
you by letter at the billing address you provided to us or at the email address you provided to us. You agree
to negotiate with Syros Outlet Inc or its designated representative in good faith about your problem or
dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute,
we agree to the dispute resolution provisions below.
d. Commencing
Arbitration
You and
Syros Outlet Inc agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year
period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding
commenced after 1 year shall be forever barred.
e.
Arbitration Location
For
your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by
telephone or through written submissions if both you and Syros Outlet Inc agree.
f. Organization,
Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection
“b” above shall be submitted to final and binding confidential arbitration before a single
arbitrator of the American Arbitration Association (“AAA”). Either party may commence the
arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the
other party, within the time period set forth in subsection “d” above. The arbitrator shall be
selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the
AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute
Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of
submission of the demand for arbitration.
The arbitrator shall have the exclusive
and sole authority to resolve any dispute relating to the interpretation, construction, validity,
applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The
arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be
enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce
this provision against you or Syros Outlet Inc.
g. Fees
For your convenience, Syros Outlet Inc will pay all of the filing costs for the
arbitration, including the fees charged by the arbitrator. The parties shall each pay their own additional
fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and
witnesses.
h. Governing Law and
Award
The arbitrator
shall follow the substantive law of the State of Arizona without regard to its conflicts of laws principles
and may order any relief if permitted by law. The arbitrator may award any form of individual relief,
including permanent injunctions and punitive damages, so long as they are in accordance with applicable law
and not otherwise excluded by these Terms. The arbitrator may award costs or fees to a prevailing party, but
only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability
to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion
and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
i. Enforceability
This provision survives termination of your account or relationship with Syros
Outlet Inc, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e.,
unenforceability would allow arbitration to proceed as a class or representative action), then this entire
arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this
arbitration provision shall remain in full force and effect.
j.
Miscellaneous
Failure or any delay in enforcing
this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights
to require arbitration at a later time or in connection with any other Claims except all Claims must be
brought within the 1 year limitation period set forth above. This provision is the entire arbitration
agreement between you and Syros Outlet Inc and shall not be modified except in writing by Syros Outlet
Inc.
k. Amendments
Syros Outlet Inc reserves the right to amend this arbitration provision at any time.
Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of
a Syros Outlet Inc product, is affirmation of your consent to such changes. Should the changes to this
arbitration provision be material, Syros Outlet Inc will provide you notice and an opportunity to opt-out.
Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of
a Syros Outlet Inc product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE
A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND
AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION.
You have THE RIGHT TO OPT-OUT OF THIS
ARBITRATION PROVISION WITHIN thirty (30) days from the date that you PURCHASE, USE, OR ATTEMPT TO USE A
PRODUCT PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO Syros Outlet Inc AT 7132 W
Mountain View Rd, Peoria, AZ, 85345 USA. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN
NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU
FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. If more than thirty (30) days have passed, you are not
eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH
IN THIS AGREEMENT.
17. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold
harmless Syros Outlet Inc, its affiliates (including without limitation all affiliated professional entities),
subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives,
proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns,
accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses,
demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out
of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents
they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this
Agreement; or (3) your violation of any law or the rights of a third-party.
18. Third-Party
Websites and Links
Our Site may include
materials from third-parties or links to third-party websites. Syros Outlet Inc is not liable for any
third-party materials or websites. Please review carefully the third-party’s policies and practices and
make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
19. Testimonials,
Reviews, and Other Submissions
Syros Outlet Inc
may use testimonials and/or product/service reviews, in whole or in part, together with the name and
state/country of the person submitting it. Testimonials may be used for any form of advertising relating to
Syros Outlet Inc products or services, in printed and online media, as Syros Outlet Inc determines in its
absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial,
and do not necessarily reflect the experience that you may have using our products or services.
Anything that you submit or post to the Website and/or provide us, including without
limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, “User Submissions” or simply, “Submissions”) is and will be
treated as non-confidential and nonproprietary, and we shall have the royalty-free, world, perpetual,
irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit,
adapt, and create derivative works from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are
the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically
become our sole and exclusive property and shall not be returned to you.
Additionally, Syros Outlet Inc reserves the right to correct grammatical and typing
errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to
publication or use. Syros Outlet Inc shall be under no obligation to use any, or any part of, any testimonial
or product/service review submitted. If you submit a testimonial, you are confirming that you have read,
understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a
testimonial.
20. Electronic
Communications
You agree that we may
communicate electronically with you and that such communications, as well as notices, disclosures, agreements,
and other communications that we provide to you electronically, are equivalent to communications in writing
and shall have the same force and effect as if they were in writing and signed by the party sending the
communication.
21. Assignment
You may not assign any of your rights under these Terms, and any such attempt will
be null and void. Syros Outlet Inc and its affiliates may, in their individual discretion, transfer, without
further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all
of Syros Outlet Inc business is transferred to another entity by way of merger, sale of its assets or
otherwise.
22. No Waiver
No waiver by Syros Outlet Inc of any term or condition set forth in these Terms
shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure by Syros Outlet Inc to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision.
23.No Agency Relationship
No joint venture, partnership, employment, or agency relationship exists between you
and Syros Outlet Inc as a result of your receipt of any Syros Outlet Inc product, your use of any Syros Outlet
Inc Service, or use of the Site.
24. Severability
In the event that any provision of these Terms 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. Such determination shall
not affect the validity and enforceability of any other remaining provisions.
25.
Termination
In the event that we terminate this
Agreement, Sections 1-13 and 15-25, as well as any representations, warranties, and other obligations made or
taken by you, shall survive the termination of this Agreement.
26. Entire
Agreement
These Terms, the Agreement, and any
policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire
agreement and understanding between you and Amplify, and supersedes and replaces any prior or contemporaneous
agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed
against the drafting party.
27. Questions or Additional
Information
If you have any questions regarding
your account, subscription services, or these terms, please email Loading... for
assistance.
Abs Only - $69.99
Abs + Arms + 12 Gel Pads - $79.99
Abs + Arms + 48 Gel Pads - $89.99
Abs Gel Pads - $19.99 and $39.99
Arms Gel Pads - $14.99, $19.49, and $35.88
Fat Melting Sauna Vest - $29.99
AI Smart Scale - $44.99
All-Purpose Fitness Rope - $9.90