- You're in control. Whenever you want, however you like, the Fleshlight sexual gratification alternative is there to fulfill your sexual fantasies and meet your desires.
- Nothing is closer to the real thing. Our soft, pliable, non-vibrating SuperSkin sleeve has been designed to provide the most realistic intercourse simulation known to man.
- Improve stamina & performance. Whether you're a real Casanova or just a rookie to the game, there is always room for improvement. Test your skills, practice new techniques, and test how long you can last in one of our specially designed inserts, created for maximum sensation.
- Practice safe sex. The Fleshlight was created, in part, to address the risks associated with promiscuity, the spread of STDs (sexually transmitted diseases), and unwanted pregnancy. Whether you're having trouble finding a safe partner or waiting for the right one to come along, the Fleshlight offers a safe and satisfying means for expressing your sexuality.
- Lifetime of pleasure. With proper use and care, the Fleshlight will last you a lifetime. If only it were that easy with real sexual partners.
Our soft, pliable, non-vibrating Real Feel Super Skin® sleeve is made from a patented, high-quality material designed to replicate the sensation of penetrative sex. The molded sleeve comes housed in an attractive and sturdy canister that resembles an ordinary flashlight, allowing for simple and discreet storage. It's easy to use and clean, and is 100 percent safe. With proper usage, your Fleshlight will give you a lifetime of enjoyment!
The Fleshlight is approximately 10 inches in length and 3.5 inches in diameter with an insertable length of 9.5 inches and most textures can accommodate men with a girth up to 7 inches.
Ordering & Payment Information
You may place an order online through the website or you may call into 1-888-804-4453 or +1-512-865-5266 (toll-free) for international orders and we can place the order for you over the phone. You do not need to create an account to place an order.
We use your personal information only for billing and shipping. Information is never sold, rented or shared with any other service or company! Besides your order, you will not receive any additional catalogs, mailings, or emails from ILF Inc.
Your personal information will be protected by the world's most advanced encryption technologies. The padlock on the bottom of your browser status bar ensures your order will be securely processed.
Free shipping is offered on Domestic United States Ground Shipped orders only. IE: orders within the continent of US. This is offered via UPS and DHL. Free shipping is not valid on any air freight service. Free shipping is offered on these qualifying orders once the order value reaches $60 USD. This amount can change from time to time, based on current promotions.
Most tracking numbers will be trackable within 24 hours of receipt of the email notification. If you received your tracking number and you've allowed 24-48 hours for UPS, USPS or DHL to update their tracking information and still are not able to track your package, contact us.
No, we do not ship to freight forwarders.
No, we do not require a signature for delivery.
Carriers may leave the package with an apartment management office or even on your front/back porch if the driver deems that the area is secure enough to leave the package. Otherwise, a notice will be posted that a delivery attempt was made and it will offer a variety of ways for you to obtain your order.
All orders are shipped in a plain, cardboard box. The shipping label will identify the shipper as ILF, LLC. and will not reference "Fleshlight.com", "Sex Toy" or any other identifying description related to products designed for adults.
Contact Us to make changes to your shipping address.
Contact Us to change or cancel your order; we make no guarantee that the change can be made before the order ships. We regret any inconvenience this may cause you.
Once you've received your package, contact us for an RMA number. DO NOT OPEN THE BOX! Simply write the RMA number on the box and ship the package to our facility. Use the address on Contact Us.
If a package is refused upon delivery and returned to our facility without an RMA number, the product value will be refunded upon receipt.
Afghanistan, Anguilla, Antigua & Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Bermuda, Bolivia, Bonaire, Brazil, Canary Island, Cayman Islands, China, Colombia, Costa Rica, Curacao, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, French Guiana, French Polynesia, Ghana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Korea, Kuwait, Lebanon, Lesotho, Malaysia, Montserrat, Morocco, Namibia, Nicaragua, Nigeria, Oman, Pakistan, Paraguay, Peru, Philippines, Qatar, Rwanda, Russian Federation, Saudi Arabia, Sri Lanka, St. Barthelemy, St. Eustatius, St. Kitts/Nevis, St. Lucia, St. Martin, St. Vicente, Suriname, Tanzania, Thailand, Trinidad & Tobago, Turks & Caicos, United Arab Emirates, Venezuela, Vietnam, Virgin Islands, Ukraine, UK Virgin Island-Virgin Gorda, Yemen
Domestic Orders (within the United States)How are domestic orders shipped?
All orders are shipped via UPS or DHL unless we are shipping to a PO Box or an APO address - these will ship via USPS.How long does shipping take?
- Our facility ships its packages Monday through Friday.
- UPS and DHL both operate Monday through Friday.
- Select a "receive on or receive by" shipping date, rather than choosing a shipping courier.
- Priority orders (Next-Day Air, 2nd-Day Air, and 3-Day Select) placed by 1PM Central time, Monday-Friday, will ship the same day, pending finalization of payment.
- Priority orders placed after 1PM will ship on the next business day, pending finalization of payment.
- All other orders are generally processed within 24 business hours; however, we reserve the right to ship these orders in 1-3 business days from the date that payment is finalized.
- Any order delayed due to payment failure, changes requested by the customer, incomplete/incorrect shipping address, or back-ordered items will not be eligible for a partial shipping refund and may result in increased processing time.
Standard shipping typically takes 1-5 business days to be delivered throughout the US. Prompt, dependable, cost-effective shipping; An economical choice for your shipment.UPS 3 Day Select
Delivery is guaranteed by the end of the third business day. An ideal mix of economy and guaranteed delivery; Perfect for less time-sensitive shipment; Three free delivery attempts. UPS 3 Day Select is offered only in the 48 contiguous states.UPS 2nd Day Air
Select this alternative to overnight shipping when you have the flexibility to allow an extra day. Delivery is guaranteed by the end of the second business day. Some locations in Alaska and Hawaii require additional transit time. Ideal for shipments that do not need overnight service; guaranteed second-day delivery (excluding Alaska and Hawaii).UPS Next Day Air
Guaranteed delivery next business day by 10:30 a.m., 12:00 noon, or end of the day, depending on destination. Ideal for shipments that must arrive earlier in the business day; guaranteed service provides assurance of on-time delivery.
International Orders (outside the United States)How are orders shipped to International Locations?
All orders are shipped via UPS or DHL unless we are shipping to a PO Box or an APO address - these will ship via USPS.Why is my country on the "Do Not Ship" list?
Countries on the list are there because, in our experience, orders shipped to those countries have been confiscated by customs and are not delivered to the client or returned to our facility. The "Do Not Ship" list is subject to change at any time.Are duty fees included in the shipping price?
International orders may be subject to additional customs fees and duties. We do not include these additional costs as a part of the total amount.How will the items be declared in customs?
We will declare the actual product value to customs, but name declarations are assigned per the following:
- Fleshlight Sleeve = Rubber Sleeve
- Fleshlight Case = Plastic Housing
- Lubricant = Water-Based Liquid
- Vibrators = Personal Massagers
- Mr. Limpys = Rubber Mold
Requests to ship your order as a "gift" will not be honored.UPS Worldwide Express Saver
Meet delivery requirements with this guaranteed, afternoon delivery service. Most International deliveries typically take from 2-5 business days, but are not guaranteed due to the fact that the package may take longer than expected to get through customs; for Asian countries, deliveries can take anywhere from 3-7 business days for the same reason. Door-to-door service with in-house customs clearance; up to three delivery attempts.UPS Worldwide Express
Take advantage of this faster one-to-three day shipping service with guaranteed morning delivery times throughout the world. Delivery by 10:30 a.m. or 12:00 noon; second business day delivery to Europe; delivery within two or three business days to Asia. Door-to-door service with in-house customs clearance; up to three delivery attempts.
All items that are unopened and unused can be returned for product value. We will NOT accept opened/used items for return. All items must be returned within 30 days from the date the item is delivered for a product value refund. If you have any questions regarding a return please contact us using any of the methods listed on our Contact Us page before returning any products as any used products that are returned will be thrown away and no refund or reship will be issued.
7000 Burleson Road, Building C
Austin, TX 78744
Make sure you contact us for an RMA number to return unopened merchandise before you send the item(s) back to us. We cannot accept returned merchandise that arrives without an RMA number on the outside of the package!
If you opened the item but it is defective or if it is not the item you purchased please call our customer service department at 1-888-804-4453 so we can resolve the issue for you. We will need to see pictures to verify if it is a defect or the incorrect item. Once pictures verify it is a defect or the wrong item we will send a replacement at our expense. We do not need the incorrect/defective item(s) back.
*** You must contact us within 90 days of delivery for us to replace a defective/incorrect item. After 90 days we will not replace nor refund defective/incorrect items. ***
If you would like a refund on an unopened item(s), please contact us to obtain an RMA number. We do not cover the shipping costs for returning an order to us. After we receive your return and inspect the returned merchandise, we will reimburse your credit card for the purchase price of the item as long as it is unopened/unused, less the original shipping fee.
Please allow us 10 business days from the time we receive your item to process your return.
Remember that we will not issue a partial product value refund on package deals; they must be returned all together! Any items that are returned to us used or opened will simply be disposed of and we will not issue a refund for them.
*** Please be aware that we cannot accept return merchandise that arrives without an RMA number on the outside of the package. ***
TERMS AND CONDITIONS
FLESHLIGHT REWARDS PROGRAM
The Fleshlight rewards program (the “Program”) is a loyalty reward program offered by Interactive Life Forms, LLC (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.fleshlight.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation: www.fleshlight.com/pages/loyalty-program-terms/ (the “Explainer Page”).
The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
1.2. TERMS AND CONDITIONS
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
2. PROGRAM MEMBERSHIP
2.1. MEMBERSHIP ENROLLMENT
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).
2.2. PASSWORDS AND SECURITY
In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account, whether or not such use and related liabilities were in any way authorized by you, and it is your responsibility to safeguard any access control mechanisms you may have related to your Account such as a password or ID. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Fleshlight rewards program rewards account (“Account”) is permitted per person.
2.3. SUSPENSION RIGHTS; CAPACITY
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
2.4. CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
2.5. INACTIVE ACCOUNTS
A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 12 months. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
2.6. ACCOUNT CLOSURE
Points are reduced to zero upon closure of a Membership.
If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.
3. REWARD POINTS
3.1. COLLECTION; REDEMPTION
Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase.
Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.
A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.
Points have no cash value and are not exchangeable for cash, that no interest is paid or earned with respect to points, that points are not personal property, that the quantity of points in your Account may be increased or decreased by the Company in its sole and absolute discretion for any reason or no reason whatsoever, that you have no right to a refund related to points, that there is no right to transfer or exchange points, and that the Company may limit your license to use points with respect to any goods and/or services or time period related thereto. You further acknowledge that additional restrictions related to points, as determined in the sole and absolute discretion of the Company, may be applicable if, and when, points are made available to you or thereafter. The Company may restrict the award or use of points based on your country of residence or other factors. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed. You are responsible for any taxes that may result from your participation in the Program.
Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
3.4. RETURN/EXCHANGE POLICY
In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.
4.1. CONFIDENTIAL INFORMATION
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
1. 18. .S.C. 2257 COMPLIANCE NOTICE
In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Program Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on the Program Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, TX 78744
6. LIMITATION OF LIABILITY AND DAMAGES; INDEMNIFCATION
1.1 LIMITATION OF LIABILITY AND DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE PROGRAM WEBSITE, THE PROGRAM AND/OR THESE TERMS & CONDITIONS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE PROGRAM WEBSITE OR ANY LINKED SITES, OR YOUR PARTICIPATION IN THE PROGRAM, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS & CONDITIONS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby agree to indemnify, defend and hold the Company, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) your participation in the Program, and/or (ii) any breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without the Company’s prior written approval.
By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the state, province or other jurisdiction in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
2.2. OTHER TERMS
These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms & Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms & Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms & Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: email@example.com.
2.6. AGE REQUIREMENT
THE PROGRAM WEBSITE AND PROGRAM ARE NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE PROGRAM WEBSITE OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER. BY USING THE PROGRAM WEBSITE AND/OR PARTICIPATING IN THE PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PROGRAM WEBSITE OR PROGRAM.
2.7. PRODUCT REPRESENTATIONS AND DESCRIPTIONS
Products are described and represented as accurately as possible so you understand the products they are viewing and/or purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, the Company reserves the right to make improvements, corrections or changes without notice. The Company reserve the right to change formulation or packaging at any time without notice. The Company reserves the right to change pricing without notice
2.8. MEDICAL AND LEGAL DISCLAIMER
The information, services, commentary, Content and products on the Program Website or that are part of the Program are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Program Website should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, content and products on the Program Website is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
2.9. GOVERNING LAW; JURISDICTION
These Terms & Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of Texas without regard to any conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions, the Program or the Company will be filed only in the state or federal courts in and for Austin, Travis County, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
2.10. DISPUTE RESOLUTION
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to these Terms & Conditions or the access, use of the Program Website and/or participation in the Program, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Austin, Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
2.11. ATTORNEY FEES
If any litigation or arbitration is necessary to enforce these Terms & Conditions the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
If any provision of these Terms & Conditions is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms & Conditions to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights under these Terms & Conditions may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms & Conditions shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms & Conditions, and will not be deemed to limit or affect any of the provisions hereof.
These Terms & Conditions create no agency, partnership, joint venture, or employee-employer relationship between you and the Company unless otherwise noted in writing by the Company.
2.16. ENTIRE AGREEMENT