Terms of use

AQUAMAX Vision Corporation Terms of Use

Effective Date: July 4^th , 2021

These Terms of Use (“Terms”) and the Privacy Policy Privacy Policy together form an agreement (referred to below as the “Agreement”) between you (referred to as “user” or “you”, in all forms) and Aquamax Vision Corporation (referred to as “Aquamax,” “our” or “we” in all forms). The Agreement is binding–it governs your engagement with us and your use of our Website.

PLEASE READ IT IN ITS ENTIRETY AND PLEASE READ IT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING AGREEMENT TO ENTER INTO ARBITRATION IN CASE OF A LEGAL DISPUTE BETWEEN US, AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE THE SECTION BELOW, TITLED: Dispute resolution; Arbitration; Class Action waiver

Who is Aquamax?

Aquamax is a California corporation. Use of our Website is intended only for residents of the United States over the age of 18. We make no claims that the Website or any of its contents are appropriate or lawful outside of the United States. If you are not over the age of 18 and residing within the United States, or you do not want to agree to the terms of this Agreement, you must not use or access this Website to register with or order products from Aquamax. By using this Website, you affirm that you are able and legally competent to agree to and comply with the Agreement. If you do not meet these requirements, you must not register for membership or purchase any products from the Website.

Your Acceptance of the Agreement:

By registering with Aquamax on our Website , signing up for a membership, or purchasing products from the Aquamax Website, you accept this Agreement in its entirety, including the above-mentioned arbitration provision and class action waiver. If you do not agree to abide by this Agreement, then do not engage any further with Aquamax, or this Website; do not register for membership, and do not purchase any products on our Website.

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Aquamax is NOT a Healthcare Provider:

Health-related information you may access via our Website is not a substitute for medical advice and Aquamax is not a healthcare provider. Nor does Aquamax engage in the practice of medicine, ophthalmology, or optometry. Never disregard professional medical advice from a licensed healthcare professional, or delay seeking help because of something you have read on our Website. We do not warrant the accuracy, completeness, or usefulness of any information supplied through this Website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user or visitor to the Website.

If you or someone you know is having a medical emergency, immediately call 911.Who May Use or Engage with Aquamax’s Website?

Aquamax’s Website is designed and intended for U.S. citizens who:

Have their primary residence in the U.S., and
Hold or have a valid prescription for products sold via our Website, and
Are age 18 or older (ie., persons with authority to enter into a legally binding agreement), or
You do not have an up-to-date prescription but are 18 – 55 years of age, are eligible and elect to take a digital vision test. For the details, see section below titled: THE DIGITAL VISION TEST

Valid Prescription Required:

By placing an order with us, you certify that you have a valid prescription from a certified optometrist or ophthalmologist, or an equivalent licensed eye care provider for the contact lenses that you are ordering. Furthermore, you certify that the information submitted to us matches the prescription given to you by the eye care provider and is valid within the time period specified by the same eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider’s instructions.

We are NOT obligated to fulfill orders if we are unable to verify your prescription.

By providing contact information for your eye care professional, you grant us the right to contact him/her on your behalf in order to verify your prescription and any other information provided.

Verification Process:

According to the law, sellers of contact lenses are required to verify the contact lens prescription for each order before there can be any processing or shipping of orders. If you fax or email us a copy of your prescription with all the required information, we will use that prescription to verify the order.

If you do not provide us with a copy of your prescription we will contact your prescribing healthcare provider to verify the prescription. Aquamax uses a third party verification partner to assist Aquamax under the Fairness to Contact Lens Consumers Act ( “FCLA”) on your behalf. Pursuant to the requirements under the law, a prescription is verified if the prescribing healthcare provider:

confirms the accuracy of a customer’s prescription to Aquamax, or its authorized verification partner, via direct communication
informs us (or our authorized service provider of verification services) that the prescription is inaccurate and corrects the prescription before we ship any products, or
fails to communicate within eight business hours of receiving a complete verification request, during which time, Aquamax had given the prescriber a reasonable opportunity to verify the prescription, and having failed to respond the FCLA allows Aquamax to treat this as what is known as a “passive verification” and the order will be deemed to be verified as correct after which Aquamax may proceed to process and ship your order, or
You meet the criteria below and elect to get a Digital Vision Test “Digital Vision Test”—see below section titled: “The Digital Vision Test”.

Aquamax Relies on You to Provide Us with Verifiable Information:

We rely on you to provide your most recent prescription information when ordering which will then be validated with your eye care provider.

All customers who order replacement contact lenses and/or glasses must have a valid prescription under the applicable state and/or federal laws.

Your order must be for the same contact lens prescription you are already successfully wearing or a new prescription validated per the ordering process.

The Digital Vision Test:

We also offer digital vision testing through our third party testing service provider. The third party that we work with is Visibly. The online vision test is only allowed in certain states for customers between the age of 18 to 55. This offer is void in states where prohibited. If eligible to take the test, during the vision-test process, you will be asked a series of questions, including your prior prescription, or information your prior prescriber healthcare provider and any other information that is required for the vision test results to be authenticated.

Visibly’s Test is not recommended for the following users:

● Users under 18 years of age

● Users above 55 years of age

● Users with a visual acuity below 20/16

● Users with a visual acuity above 20/40

● Users who have not had a comprehensive in-person eye exam within the last 2 years

● Users not comfortable with using computers, internet browsers, and smart phones with touch screen display

Digital vision testing is non-refundable unless you do not meet the minimum requirements for the online test.

The Terms of Purchase to Which You Must Attest:

By completing the online order form you agree and accept that you have not been advised by a healthcare provider not to wear contact lenses, or to stop wearing the prescribed contact lenses.

We reserve the right not to supply contact lenses if we feel that the selected lenses are not in accordance with the specifications provided by an authorized healthcare professional having evaluated your vision and contact lens needs.

By completing the online order form you agree to accept shipment for the selected products, and agree to pay by the method indicated on your order form. Please note, your credit card will be charged at checkout. If for some reason we are unable to fill your order, a full refund will be issued upon request to the card or payment method used at checkout.

By completing the online order form you agree and accept that you are the person responsible for the credit card (when a credit card is applicable) and accept responsibility for all charges made on our site with your card.

We reserve the right, at our discretion, to charge your credit card if we have shipped you an order, and the invoice is not paid within a reasonable amount of time.

Prices are exclusive of taxes.

Processing fees may apply.

Ordering Terms in Brief:

You will follow the ordering procedure described on this website.
We give no assurances as to the availability of products advertised on this website.
Delivery to you of Aquamax’s products will be effected in the manner described on this website.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon dispatch of the goods.

Aquamax’s products are only offered for sale to persons who can make legally binding contracts.

Aquamax’s prescription program is designed and intended for U.S. citizens who:

Have a prescription from a licensed healthcare provider
Are age 18 and older (or the permission of a parent or guardian), and
Have their primary residence in the U.S.

Rules for children under the age of 13:

Our Program is not intended for children under the age of 13. No one under age 13 may provide any information to or through Aquamax’s Website. If you are under age 13, do not provide Aquamax any of the following information:

Your name
Address or e-mail address
Telephone number
User name
Health information or other information

If we learn we have collected or received Personal or Protected Health Information from a child under age 13 without verification or parental consent, we will delete that information and take other appropriate measures. If you believe that we may have collected any information, including Personal or Protected Health Information, directly from a child under age 13, please contact us immediately at: policy@aquamaxcorp.com.

No one under age 13 may provide any health-related information to or through Aquamax unless Aquamax confirms that such disclosure would comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Children’s Online Privacy Protection Act (COPPA) or equivalents under United States State specific laws. By using our Website, you guarantee that you meet all of the eligibility requirements.

Personally Identifiable Information and Personal Health Information:

Aquamax is dedicated to ensuring the accessibility, integrity, and security of your personally identifiable information (PII), and your personal health information (PHI). “Personally Identifiable Information” or PII, means any information that may be used to identify you, such as:

First and last name
Age
Gender
Postal or e-mail address
Phone number
Other contact information, certain health information, or other personally identifiable information under an applicable law such as the Health Insurance Portability and Accountability Act (“HIPAA”) or an equivalent State law governing the use or disclosure of health information

“Protected Health Information” or PHI, means:

Information related to your physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (such as race, ethnicity, marital status, salary, education, political, religious, and trade union information)
Information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medicines, lab test results, payments for treatment, and health insurance information
Other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA

Your Guarantees:

We will need to collect PII and PHI as necessary and permitted by HIPAA and equivalent U.S. State-specific law in order to serve your needs and improve our services.

You guarantee that all the information you provide to us is and will be current, true, and complete.

We do not claim ownership rights to your PII or PHI. However, if you provide Aquamax PII or PHI, you grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) as may be necessary to serve you, and provide you with the products and services that you order from us.

Restricted Use:

You are provided with access to our Website only for your personal non-commercial use. You must not alter or modify the contents in any way, you must honor all of our copyright notices, trademark legends, or other proprietary rights notices. You are authorized to print information you see on our Website, but only for your personal use. You may not otherwise alter, modify, repurpose, use, or sell information obtained from this Website.

Linked Websites:

We link to other websites (“Linked Website(s)”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites. Moreover, linking to other websites is NOT an endorsement, approval or recommendation by us of those sites or of any information, graphics, materials, products or services referred to or contained in those Linked Websites. Likewise, we do NOT endorse the owners or operators of third party websites, unless Aquamax says otherwise.

Electronic Communications:

When you visit our Website or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase of products, registration of membership, or response to a question or comment, or because you have chosen to receive promotional, legal or reminder emails about your contact lenses or about our loyalty programs. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically are considered “written communications” satisfying any legal requirement that such communications be in writing. We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Your Obligations to Ensure Your Account Security:

You are responsible for keeping your account secure, which means:

Ensuring that any person you give access to Aquamax’s products and programs is aware of this Agreement and have an opportunity to review, accept, comply with the Agreement.
Providing registration, authentication, and security details that are correct, current and complete. To access Aquamax’s products, we may ask you to provide this information. You agree that all information you provide to register with this Website, or for membership in an Aquamax program, or to buy a product offered on this Website, is appropriate, as described in our Privacy Policy, and you consent to all actions we take with your information consistent with our Privacy Policy. Link to our Privacy Policy:https://www.aquamax-vision.com/privacy-policy/
Protecting your username, password, account, and any other information as your confidential information.

Acknowledging and accepting that your account is personal to you and that you take full responsibility for all activities that happen under your username and password.
Contacting Aquamax immediately at policy@aquamax.com of any unauthorized access to, use or disclosure of your username, password, or any other security violation or breach about which you become aware.
Being careful when you access your account from a public or shared computer so that others are not able to view, track, or record your user name, password, or other of your personal information
Accounting for your own anti-virus protection to ensure integrity and accuracy of data input and output.

Prohibited Uses of Our Website:

You may use the Website only for lawful purposes in accordance with this Agreement. You agree not to use the Website:

In any way that violates Privacy Laws.
For purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
To send, receive, upload, download, use, or repurpose or reuse any information that is unnecessary for you to enjoy the use of the Website, order products or register for our membership program.
To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Aquamax, any of its employees, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us, or Aquamax’s or users of the Website, or which risks exposing any of them to harm or liability.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website.
Engage any robot, spider, or other automatic device, process, or means to access the Website for any purpose not expressly allowed by this Agreement.
Use any manual process to monitor or copy any of the material on the Website for an unauthorized purpose.
Use any device, software, or routine that interferes with the proper functioning of our Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Aquamax’s Rights and Responsibilities:

Aquamax is dedicated to ensuring the accessibility, integrity, and security of information you submit or share with us.

Aquamax safeguards the accessibility, integrity, and security of information itself or via third party service providers. logins, and other Website usage is monitored for security. If you share PII and PHI through Aquamax’s Website, you hereby grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) in order to enable Aquamax to serve you better with products and membership services, consistent with:

Our Terms
Our Privacy Policy: https://www.aquamax-vision.com/privacy-policy/
The Health Insurance Portability and Accountability Act (HIPAA) and The Health Information Technology for Economic and Clinical Health Act (HITECH) (jointly, “HIPAA”)
Other applicable U.S. Federal and State laws (including regarding the exporting of data or software), and regulations under these laws (collectively, “Privacy Laws”)

Reliance on Information Posted:

The Website may include third party materials or information, including, statements by other users, bloggers, educators, healthcare providers, researchers, and the like. Information expressed from anybody other than Aquamax, and all articles or other content, are provided as a courtesy, but are solely the opinions of the authors themselves and not endorsed by Aquamax. We are not responsible or liable for the accuracy, reliability, or completeness any materials authored, or statements made, by any third party. Your use of the Website, information from us or third parties, and any functionality offered through the Website is made accessible to you for use at your own risk.

Regarding contributed content from and by Users, Users that violate this Agreement relating to their contributions to the Website agree to defend, indemnify and hold harmless Aquamax, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees made against Aquamax due to use of and contributions to the Website.

Monitoring, enforcement, and termination

We reserve the right to disable any user we believe is not following the letter or spirit of these Terms, including any username, password, or other identifier at any time in our sole discretion if, in our opinion we believe, these Terms or our Privacy Policy has been violated.

In our sole discretion, we have the right to: remove or refuse access if any user:

Violates the Agreement
Infringes any intellectual property right or other right of any person or entity
Threatens the personal safety of the Website and/or users or the public
Violates Privacy Laws
Or displays a potential of creating liability for Aquamax

Aquamax may:

Share your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights as stated in Privacy Laws.

Take appropriate legal action for any illegal or unauthorized use of the Website, including without limitation, referral to law enforcement.

Terminate or suspend your access to the Website.

Without limiting what’s stated above, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and administrative or court orders that request or direct us to share the identity or other information of anyone posting any materials on the Website.

Intellectual property:

Unless content from a third party, all information, account information, articles, data, images, passwords, customer numbers, screens, text, usernames, web pages or other materials (collectively, the “Materials”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of Aquamax, including:

All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Material contained on or used in the Website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the Website is copyrighted to, or used with permission from, Aquamax.

The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Aquamax or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Aquamax. All other trademarks not owned by Aquamax that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aquamax or its subsidiaries.

Images of people, objects or places displayed on the Website are either the property of, or used with permission by, Aquamax.

We own or use by permission all software contained on the Website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.

You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Materials included on or in the Website for public or commercial purposes without Aquamax’ authorization, except that:

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
If we provide social media features, you may take such actions as are enabled by such features.

Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the resources you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Aquamax. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations

We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

Dispute resolution; Arbitration; Class Action waiver:

PLEASE READ THIS SECTION CAREFULLY:

ALL DISPUTES BETWEEN US MUST BE RESOLVED VIA BINDING ARBITRATION. THIS LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AQUAMAX.

You and Aquamax agree that all claims and disputes relating in any way to your use of Aquamax’ Website, relating to membership in programs Aquamax offers, or regarding any products you purchase or purchased from or through Aquamax, must be resolved by binding arbitration on an individual basis, except for disputes that may be resolved in small claims court, or claims for equitable relief based on alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first assent to this Agreement.

Waiver of Jury Trial. YOU AND AQUAMAX WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Aquamax are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND AQUAMAX AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND AQUAMAX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

You expressly agree that you will submit any dispute(s) arising from the use of the Website, including interpretation of the terms, violation, invalidity, non-performance, or termination of rights or access, to binding arbitration under the rules applying California law (as provided below) and holding the arbitration in Alameda County, regardless of conflicts of law principles. Any arbitration between you and Aquamax will be initiated through the American Arbitration Association (“AAA”) Consumer Arbitration Rules. The AAA rules and filing forms are available at The AAA Rules Page.

Governing law and jurisdiction

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Regardless of the foregoing, federal law and jurisdiction may apply where applicable, available, and based on claims of intellectual property infringement or of misuse of the Website in violation of federal laws.

You Hold Aquamax Harmless; Limitation Liability:

You waive and hold harmless Aquamax and its licensees from any claims that result from any action Aquamax and/or its licensees take during, or as a result of its investigations, or as a consequence of investigations or other actions by Aquamax, law enforcement, regulatory agencies, or private parties.

Aquamax must not be held liable for any loss or damage caused by:

A denial of service or distributed denial-of-service attack

Viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items you get through the Website, or to your downloading of any Material posted on it, or on any Linked Website

In no event will Aquamax, its affiliates, or their licensors, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any websites or apps linked to it, any content on the Website, or such other websites or apps, or any services or items obtained through the Website, or by other websites or mobile apps. This also includes any direct, indirect, special, incidental, consequential or punitive damages, even if these may have been foreseeable.

Some geographies do not allow the limitation of liability or exclusion of certain damages, so this limitation may not apply and is void where prohibited.

Waiver and Severability:

No waiver by Aquamax of any term or condition set forth in this Agreement 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 Aquamax to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect.

Customer Support:

This Website is managed by Aquamax Vision Corporation, 48511 Warm Springs Blvd, Suite 203, Fremont, California, 94539. Please direct all feedback, requests for technical help, and other communications about the Website to: askmax@aquamaxcorp.com

Amending or Updating These Terms:

We reserve the right to amend or update these Terms from time to time. Amendments will be effective immediately as of updated effective date in the first paragraph of these Terms. Your continued use of the Website following such notification will deemed consent by you to be bound by Agreement as amended.