Please read these Terms carefully before using our Website, as they set forth the legally binding terms and conditions for your use of the Website and all related content thereon, Services, apps, and purchases that you make from the Website, regardless of the means, manner, or place from which you access our Website. By accessing and using our Website and Content, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not visit, browse, or use our Website or Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY DISPUTES ARE SETTLED IN A PRIVATE FORUM. FOR MORE DETAILS, SEE THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.
We reserve the right to change these Terms, at any time, by posting new or updated Terms on this webpage and without further notice to you. Such changed Terms will take effect upon posting, and your continued use of the Website following any such changes constitutes your acceptance and agreement to the new or updated Terms. These terms incorporate our posted Privacy Policy which governs collection, use, and sharing of Personal Information collected by us and are a contractual provision incorporated herein by this reference.
(i) FIRST ORDER TERMS AND CONDITIONS. For the first order of any product, we offer a 30-day satisfaction guarantee and accept returns or exchanges within this time frame. If you are not satisfied with your first order, you can return it for a full refund within 30 days of purchase, excluding shipping and handling fees. Your 30-day satisfaction period will start on the date the product is shipped. You will be responsible to pay Shipping and Handling charges for your first shipment. All Order terms are found on the left next to the payment registration box. To return the product within the first 30 days of purchase, contacting our Customer Care Department at 1-877-393-8303 and return the product package to us for refund or visit us online at https://www.lifecellskin.com/legal/returns/.
(ii) SUBSCRIPTION TERMS AND CONDITIONS. If you elect to receive automated recurring orders, you will receive a fresh supply of your selected item every 30, 45, 60, or 120 days, depending on your chosen interval. Each time you will receive a new supply, the same price will be charged to your payment option. To cancel your recurring orders, simply contact us Mon-Fri 9am-6pm EST at Each time you will receive a new supply, the same price will be charged to your payment option. Shipping is free for domestic customers. You may return any unused product within 60 days of shipment by calling +1 (866) 977-1412 or via email at [email protected] and our customer care will advise you how to return the product. For additional services please visit us online https://www.lifecellskin.com/legal/returns/.
(iii) TRIAL TERMS AND CONDITIONS. If you elect to receive a product through a “Try before you Buy” promotion, you will receive a two-month supply of the product to try for a period of 30 days. The 30 days begins on the date of shipment. You will be responsible to pay Shipping and Handling charges in the sum of $4.25 for your first shipment. If you wish to cancel your order within your 30 day Trial Period, simply call 1-877-393-8303or visit us online at https://www.lifecellskin.com/legal/returns/ and return the remaining LifeCell or empty container to us and your account will be terminated and no further products will be shipped to you and no charges will be assessed.
If you wish to keep the product, do nothing and at the end of your 30 day Trial Period, your original form of payment will be charged $189.00 per tube for a total of $378.00. You will be automatically enrolled in the Subscription Plan. This means that in approximately 30 days from the end of your Trial Period and every 60 days thereafter, you will be shipped a new 2 month supply of the product, and your payment source will be charged $149.00 per tube or a total of $289.00 with FREE shipping for domestic customers. By submitting your order today, you authorize us to charge your credit card $149.00 per tube or 289.00 total every 60 days until you cancel further orders. Remember, you can cancel any recurring orders or return unused product at any time by contacting our Customer Care Department at 1-877-393-8303 and returning unused product package to us for refund or visit us online at https://www.lifecellskin.com/legal/returns/
Important Note: When using a debit/credit card, your bank will pre-authorize your card for $189.00 per tube or $378.00 total thereby creating a pending transaction on your account. If you see this on your account, it is only a temporary authorization and will disappear in a few days. It is NOT a charge. We do not charge your card (besides S/H) for the first 30 day trial period. Thereafter, you authorize us to debit your account or charge your card $149.00 per tube or $298.00 every 60 days for each 2 month shipment of the product. Keep in mind all transactions on this website are in USD. If your financial institution operates with a currency other than USD, they may assess an international currency exchange fee.
We reserve the right to reduce pricing without prior notice to you; however, if we have a price increase, you will always have the right to cancel an order and get a refund of the purchase price if you do not agree to pay the increased price amount.
Your order will be processed within 3 business days. Shipping time is estimated to be three to five (3-5) calendar days and is included in your 30-Day Trial Period, so you will have approximately twenty-five (25) calendar days to evaluate the product you have selected. If you experience delays in the delivery of your LifeCell, you may contact our Customer Care department at 1-877-393-8303 or email us at [email protected] and request an extension of your return Period. Reasonable requests are normally granted, but this decision remains at our sole discretion.
A. HOW TO RETURN YOUR REORDER (REOCCURRING ORDER). To return a product after reorder, you must call and cancel further orders and return the product in its original container un-opened within 15 days of cancellation and no later than 30 days from shipping date. Exceptions may apply at our sole discretion.
B. RETURN ADDRESS. Returned LifeCell must be sent to the following address:
Molly Fulfillment
35 SW 12th Ave, STE 110
Ste 106-2
Dania Beach, FL 33004
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third-party delivery confirmation system to ensure proper delivery.
A. DATE OF ORDER AND SHIPMENT. When we ship the product to you, our Standard priority mail service is shipped via the combined services of the United States Postal Service and United Parcel Service. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the same day for all orders placed before 1PM EST and the next day for all orders placed after 1PM EST (packages should arrive within three to five (3-5) business days). Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
B. HOW TO ALTER YOUR SHIPPING SCHEDULE. Please contact our Customer Care Department available at 1-877-393-8303 or email us at [email protected] and we can help you alter your delivery schedule if you need to modify the automatic delivery schedule.
C. REJECTION, DAMAGE, OR LOSS IN TRANSIT. We shall not be liable, and you shall not be entitled to reject LifeCell delivery, except for damage to LifeCell packaging or any part thereof occurring in transit and where we are notified of such damage within five (5) business days of your receipt of LifeCell.
If you believe that you have been billed in error, please notify our Customer Care Department at 1-877-393-8303 or email us at [email protected] immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
A. LICENSE. We grant you a limited license to access and use the Website for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish, or create derivative works from the Website or its Content.
B. PROHIBITED CONDUCT.
A. REGISTRATION. We may require you to register to open an account in order to use certain Website features or Services, such as to purchase products. When you register, we may decline to grant you, and you may not use, a username or email address that another person or entity already owns or uses, that might be construed as impersonating another person, that might violate another's intellectual property or other rights, that we may deem offensive or objectionable, or that we reject for any other reason in our sole discretion.
B. CONFIDENTIALITY AND SECURITY. You are responsible for maintaining the confidentiality of your account details (including your password and account data that you may use to access the Website) and restricting access to your computer, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Website, to any third-party. You agree to accept full responsibility for all activities that occur under and/or within your account or password. You agree to immediately notify us promptly of any unauthorized use of your password or username or any other breach of your account's security, and to ensure that you "log off" and exit from your account at the end of each Website visit. We are not responsible or liable for any loss or damage that you or anyone else may incur from another's use of your account or arising from your failure to comply with any of the foregoing obligations. We reserve the right to refuse sale, or service, and/or terminate accounts immediately upon notice if these Terms are violated or if we decide, in our sole discretion, that it would be in the best interest of our Company to do so.
All of the Website's material and information is offered solely for personal, educational, or informational purposes. The information, materials, statements, products, and services are not intended to diagnose, treat, or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings, and guidelines. Please always check each product's ingredients to avoid potential allergic reactions. Products are not intended for children or pregnant women. Discuss the product's use with your physician or medical professional. Any statements offered about products have not been evaluated by the United States Food & Drug Administration, and any results reported may not necessarily occur in all individuals.
Although we make best efforts to provide accurate information on the Website, we assume no responsibility for any inaccuracy. We do not warrant that the product descriptions, details, colors, or other content on the Website are accurate, complete, reliable, current, or error-free. Our Website may contain inaccuracies or typographical errors and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, whether or not the order has been confirmed and your payment method charged. If your payment method was already charged for the purchase and your order is cancelled, we will issue a credit to your payment method.
A. OWNERSHIP. We own and/or control the rights to all of the images, text, graphics, user interfaces, designs, photographs, trademarks, logos, sounds, music, artwork, and computer code on the Website including the design, "look and feel," trade dress, structure, selection, coordination, and arrangement thereof, all of which is protected by trademark, copyright, and related laws.
B. USE RIGHTS. You may access, view, download, and print Content for your personal, non-commercial use only, provided that you do not modify or make commercial use of Content, and retain all copyright, trademark, or other proprietary designations contained in Content. Except as these Terms expressly provide, you may not copy, reproduce, upload, republish, encode, transmit, or distribute any part of the Website or Content in any way or form to any other computer, server, Website, or other medium for publication or distribution or for any commercial purpose without our express prior written consent.
C. YOUR USER CONTENT. Our Website or social media channel may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, email, share, distribute, reproduce, or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, or other materials ("User Content") on or to our Website or on our Social Media channels, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to us may be available to all other Website users. We do not endorse any User Content, nor any opinion, representation, recommendation, or advice contained therein, and expressly disclaim any and all liability in connection with User Content submissions.
We respect others' intellectual property rights and require that you do the same in your use of the Website. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Please send your notice to 701 N Federal Highway, 4th Floor, Hallandale Beach, Florida 33009 or email it to us at [email protected]. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Upon receipt of a notice complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
You agree to defend, indemnify, and hold Us, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, harmless from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of LifeCell or our Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF LIFECELL YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. LIFECELL PRODUCTS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE WEBSITE AND ITS CONTENT, OUR PRODUCTS, AND SERVICES ARE PRESENTED "AS IS" AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE WEBSITE OR ITS CONTENTS OR SERVICES. YOU AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF PROFITS, ACCESS DELAYS, OR INTERRUPTIONS TO THE WEBSITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY INACCURACIES OR OMISSIONS IN CONTENT, AND/OR EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE READ THE “AGREEMENT TO ARBITRATE” AND “CLASS ACTION WAIVER” SECTIONS BELOW CAREFULLY.
A. If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim, or controversy arising out of or relating in any way to the use of our site or sale of LifeCell, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to extremely limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
B. If you elect to seek arbitration or file a small claim court action, you must first send us by certified mail, a written Notice of your claim ("Notice"). The Notice to us must be addressed to: Legal, ("Notice Address"). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
C. If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD ten thousand dollars ($10,000), in which event you will be responsible for filing fees.
D. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
E. TIME LIMITATION. YOU AND WE AGREE THAT ANY ACTION SUBJECT TO ARBITRATION IN THESE TERMS MUST BE COMMENCED OR FILED BY YOU OR US WITHIN ONE (1) YEAR OF THE DATE THE FACTS THAT GIVE RISE TO THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
F. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
G. OPT-OUT. You may elect to opt-out from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a letter to us at 701 N Federal Highway, 4th Floor, Hallandale Beach, Florida 33009, Attn: Legal Department, postmarked within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Any notice or other communications arising in relation to this Agreement shall be given by sending an email to the latest email address that one party has notified in writing to the other. In the case of us, email us at [email protected]. In the case of sending notices to you, We will use the email address you provided to us when you ordered your LifeCell product. Such notices or communications (where properly addressed) shall be considered received on the earliest of: (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, returns, discounts, or any other conduct designed to injure, harass, or disrupt this Website or our business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
If you purchase any products available on our websites, you will be responsible for paying any sales tax.
A. GOVERNING LAW. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the State of Florida, without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the LifeCell(s), shall be the State or Federal Courts in Broward County, Florida.
B. OVERDRAFT FEES. In the event of overdraft of customer's account due to a charge for an original order or a reorder, the company is not liable for any customer's overdraft fees.
C. ASSIGNMENT.This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
D. SEVERABILITY. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
E. ATTORNEYS' FEES. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
F. NO WAIVER. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
G. HEADINGS. All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
H. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of LifeCell, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
I. MODIFICATIONS. We reserve the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to the same. Unless accepted by us in writing, you may not amend these terms and conditions in any way.
J. VOID WHERE PROHIBITED. We operate and administer the Website from Florida, USA. Although the Website is accessible worldwide, not all features or products are available to all persons or geographic locations, or appropriate or lawful for use outside the United States. We reserve the right to limit, in our sole discretion, the quantity or provision of any product or service to any person, entity, or geographic area. Any offer for any feature, product, or service made on the Website is void where prohibited. This Website is intended for use only in the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from LifeCell relating to your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletter special offers, promotional announcements, and customer surveys via email or other methods.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms of Service (collectively, "Terms"). If you do not agree to be bound by these Terms, you may not access or use the Website or purchase any products through the Website. By accessing, using, or ordering products through the Website, you affirm that you have read this Agreement and understand, agree, and consent to all Terms contained herein.