Returns, Shipping, and Duties Policy
Due to the sensitive nature of the products Flu Armour offers. we do not accept returns nor cancellations. All sales are final.
Shipments to Canada: Please note that your shipping costs do not include any duties or taxes that must be paid by you to UPS or the government separately.
TERMS & CONDITIONS OF RECEIPT AND SHIPPING
Please note that these Terms & Conditions of Receipt contain a mandatory binding arbitration clause and class action waiver in Section 9. These provisions require that you waive your right to seek relief in a court of law and your right to have any disputes decided by a judge or a jury - and, instead, engage in binding arbitration on an individual basis.
By authorizing and/or accepting the receipt of one or more product(s) accompanying any order from Flu Armour, you (meaning the individual who receives the product(s), as well as any person or entity on whose behalf and/or for whose benefit you were acting) hereby acknowledge and agree to the following.
1. All sales are final. With exception of products which are damaged, defective and/or non-confirming, MM Herman, Inc. (“Flu Armour,” “we,” “us,” “our”) permits no returns or exchanges and issues no refunds or credits.
2. All liability and responsibility for the products herewith provided is F.O.B. Origin.
3. You covenant that neither you nor any recipient of a product shipped with these terms and conditions shall directly or indirectly encourage, incite, support, or engage in the resale of any Flu Armour products, including but not limited to the product(s) to which this order relates.
4. You acknowledge and agree that no respirator, face mask, glove, eyewear, coverall, wipe, gel, or other product sold by Flu Armour is 100% effective in preventing exposure to or the spread of germs, diseases, microbes, pathogens, droplets, particles, toxins, and other contaminants. You acknowledge and agree that Flu Armour makes no guarantees or promises regarding the use or results of any product we offer for sale and/or provide, and our website and other media properties do not intend to convey such a representation; we cannot and do not promise that our products will keep you safe from exposure and free from harm. You are solely responsible for taking reasonable steps to make proper usage of Flu Armour products; Flu Armour is not responsible for your failure to properly use one or more of the products we offer for sale. You covenant that you will provide this information to any and all recipients of the products to which this order relates.
5. You acknowledge and agree that Flu Armour does not design or manufacture any of the products it sells. While Flu Armour takes commercially reasonable measures to ensure that its products are safely stored, packed, and placed into shipment, you recognize and agree that we make no representations regarding the existence or nature of any manufacturing defects or design defects with the respect to any product; you agree that such defects are beyond our control, and that you shall not hold Flu Armour liable or responsible for any claims, causes of action, or controversies arising out and/or relating to a defect in the design and/or manufacturing of any product sold by Flu Armour. You are hereby advised to carefully inspect any product you purchase from Flu Armour – and to refrain from usage and immediately contact us if you encounter any suspected or actual damage or defect with respect to the product(s) herein contained.
6. TO THE FULLEST EXTENT ALLOWED BY LAW, FLU ARMOUR PROVIDES ALL PRODUCTS ON AN "AS IS,'' “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, FLU ARMOUR DISCLAIMS ALL IMPLIED WARRANTIES THAT MAY ARISE IN CONNECTION WITH OUR PRODUCTS – INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT, AS WELL AS ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE. Insofar as a manufacturer and/or supplier of an Item offers a warranty as to said Item, these Terms & Conditions are not intended to void, invalidate, or otherwise diminish the effect of that warranty except insofar as the warranty renders Seller liable with respect to the Item. You acknowledge and agree that all matters relating to any manufacturer or supplier warranty run strictly between you and the manufacturer/supplier or its designee; Seller hold no liability or responsibility with respect to any disputes, controversies, and/or claims involving any third-party warranty issues or related matters.
7. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, AS WELL AS YOUR EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, TO FULLY AND UNCONDITIONALLY RELEASE FLU ARMOUR AND ITS AFFILIATES FROM ANY AND ALL DIRECT, INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE USE AND/OR MISUSE OF ONE OR MORE PRODUCTS OFFERED FOR SALE BY FLU ARMOUR. TO THE EXTENT PERMITTED BY LAW, THIS CLAUSE EMBRACES, BUT IS NOT LIMITED TO, A FULL AND UNCONDITIONAL RELEASE FROM: LOST PROFITS; LOST REVENUE; LOSS OF OPPORTUNITY; DELAY; HARM TO REPUTATION; LOSS OF USE OF SERVICES, AN ITEM, OR ANY ASSOCIATED PRODUCTS OR SERVICES; INTERRUPTION OF BUSINESS; COST OF CAPITAL, FACILITIES, SERVICES, LABOR, AND/OR SALARIES; DOWNTIME, SHUTDOWN, AND/OR SLOW-DOWN COSTS; SPOILAGE OF MATERIALS; INACCURACY, DESTRUCTION, AND/OR LOSS OF ANY DATA; ANY DAMAGES MULTIPLIER, INCLUDING, BUT NOT LIMITED TO, ANY PROVISION AT LAW FOR DOUBLE OR TREBLE DAMAGES; ATTORNEY FEES; LITIGATION COSTS; THE COST OF SUBSTITUTE SERVICES; ANY ADDITIONAL PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE AND/OR CIVIL PENALTIES); AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – EVEN IF FLU ARMOUR AND/OR ITS AFFILIATES WERE ADVISED AS TO THE POSSIBILITY OF SUCH. INSOFAR AS IT IS LEGALLY PERMITTED, THIS CLAUSE (A) APPLIES REGARDLESS OF WHETHER THE MATTER (A) IMPLICATES NEGLIGENCE, INTENTIONAL CONDUCT, STRICT LIABILITY, OR OTHERWISE; AND/OR (B) INVOLVES A STATUTORY, TORT, CONTRACTUAL AND/OR OTHER DISPUTE. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, HARMS, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AND FINES ARISING OUT OF OR RELATING TO FLU ARMOUR, OUR AFFILIATES, OUR MEDIA PROPERTIES (INCLUDING BUT NOT LIMITED TO WWW.FLUARMOUR.COM), AND THE PRODUCTS WE OFFER FOR SALE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID TO PURCHASE THE SUBJECT PRODUCT(S) (INCLUDING ANY SHIPPING, DELIVERY, PICKUP, AND RETURN COSTS) OR (B) $18.00; UNDER NO CIRCUMSTANCES SHALL FLU ARMOUR BE RESPONSIBLE FOR INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – TO PROPERTY OR BODY – WHICH ARISE OUT OF AND/OR RELATE TO THE AVAILABILITY, PURCHASE, SALE, SHIPMENT, DELIVERY, QUALITY, EFFICACY, USE, AND/OR MISUSE OF ONE OR MORE PRODUCTS OFFERED FOR SALE BY FLUARMOUR.
8. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FLU ARMOUR AND ITS AFFILIATES HARMLESS IN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF OR RELATING TO YOUR: PURCHASE OF OUR PRODUCTS AND/OR SERVICES; PROVISION OF OUR PRODUCTS TO A THIRD PARTY; USE OF OUR PRODUCTS AND/OR SERVICES AND/OR ACTS AND/OR OMISSIONS IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS RESULTING FROM FLU ARMOUR’S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY; THIS INDEMNIFICATION PROVISION INCLUDES, WITHOUT LIMITATION, DISPUTES, CLAIMS, AND CONTROVERSIES ARISING OUT OF AND/OR RELATING TO ONE OR MORE PRODUCT(S) THAT YOU HAVE PURCHASED FROM FLU ARMOUR, AS WELL AS THE USE/MISUSE SUCH A PRODUCT BY YOURSELF AND/OR ANY PERSON TO WHOM YOU PROVIDED SUCH A PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT FLU ARMOUR AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU SEEK TO ENJOIN OR RESTRAIN FLU ARMOUR OR ANY OF ITS AFFILIATES FROM PROVIDING SERVICES, INCLUDING, WITHOUT LIMITATION, OPERATING THE WEBSITE FLUARMOUR.COM, SELLING PRODUCTS, AND/OR STAYING IN TOUCH WITH OUR COMMUNITY AT LARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOU ARE NOT ENTITLED TO INJUNCTIVE RELIEF, RESCISSIONS, OR ANY OTHER EQUITABLE REMEDY IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY AGREEMENT HERETO RELATING, EXCEPT THAT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF OR REQUIRE SPECIFIC PERFORMANCE, BUT ONLY THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM(S).
11. This Agreement will be binding on your heirs, assigns, administrators, and other legal represents, and shall inure to the benefit for Flu Armour and any of its successors and/or assigns.
12.You acknowledge and agree that Flu Armour shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the shutdown of carriers, transportation, and/or utilities, strikes and protests, health crises and/or pandemic illnesses, acts of warfare and/or terrorism, and actions taken by government agencies.
13. If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law; moreover, the remainder of the terms & conditions herein – and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible. YOUR JURISDICTION MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. THUS, IT IS POSSIBLE THAT PORTIONS OF THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU. However, the limitation or exclusion of a particular disclaimer, restriction, limitation, term, or condition shall, in no manner, impact any other provision herein, nor shall it affect the validity or force of that disclaimer, restriction, limitation, term, or condition in other jurisdictions, to the extent allowed by law. You acknowledge that the disclaimers and limitations herein specified cannot and shall not be construed to preclude you from exercising your legal rights to seek relief pursuant to an otherwise applicable consumer protection statute. If you are a consumer who resides in the State of New Jersey, many of these disclaimers and limitations do not apply to you and have no impact on your rights or remedies; this includes limitations of liability and damages with respect to any statutory, special, exemplary punitive, indirect, incidental, consequential, and reliance damages, to the extent such limitations of liability are unenforceable under state law.
14. You acknowledge and agree that any failure by either party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right by that party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated.
15. You acknowledge agree that Flu Armour reserves the right to correct any errors or mistakes that it makes during the course of charging a purchase of one or more product, even if it has already requested or received payment; this includes, without limitation, mistakes as to the availability of an Item, as well as overcharges and undercharges on the pricing of an Item or shipping/delivery costs.
16. Insofar as these Terms & Conditions include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the parties.
18. You hereby represent that you are of sound mind and body – and in possession of full rights and authorization – to agree to all terms and conditions herein specified. You covenant that any individual (or any parent or legal guardian, where applicable) who is furnished with one or more products that is included with this shipment will be provided with a copy of these terms and conditions and required to provide her/his prior express written consent to all applicable terms and conditions herein specified, taking on the same obligations as though this end user was you. ACCORDINGLY, YOU AGREE TO ASSUME ALL DEBTS, OBLIGATIONS, AND LIABILITIES, ARISING OUT AND/OR RELATING TO ANY THIRD PARTY TO WHOM YOU FURNISHED ONE OR MORE PRODUCTS THAT YOU PURCHASED FROM FLU ARMOUR.