TERMS AND CONDITIONS FOR ONLINE SALE OF GOODS AND SERVICES This online store is operated by DOUGNAO LLC and our store is subject to the following terms.

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT IF YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT (I) 18 YEARS OF AGE OR (II) OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DOUGNAO LLC., OR (C) ARE BARRED FROM ACCESSING OR USING THIS WEBSITE OR ANY CONTENT, GOODS OR SERVICES ON THIS WEBSITE UNDER APPLICABLE LAW.

THESE TERMS AND CONDITIONS (THIS “TERMS”) APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE (THIS “WEBSITE”). DOUGNAO Any changes to the Terms will be effective from the date they are posted on the Website. You should review these Terms before purchasing any products or services offered through the Website. Your continued use of the Website will constitute your acceptance and agreement to such changes.

These Terms are an integral part of the Website Terms of Use and apply generally to the use of our Website. You should also carefully read our Privacy Policy (see Section 9) before ordering products or services through the Website.

2. Order Acceptance and Cancellation. You agree that your order is an offer to purchase all products and services listed in your order, subject to these Terms. All orders must be accepted by us, otherwise we will have no obligation to sell you products or services. We may decide not to accept an order at our sole discretion, even if we have sent you a confirmation email containing your order number and details of the goods you ordered.

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3. Prices and Payment Terms. (a) Prices posted on the Site may differ from prices we offer on any other hosted site. All prices, discounts and promotions posted on the Site are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will apply only to orders placed after such changes. Posted prices do not include taxes or shipping and handling charges. All such taxes will be added to your total and will be itemized in your shopping cart and order confirmation email. We strive to display accurate pricing information, but we may occasionally make inadvertent typographical errors, inaccuracies or omissions in pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders resulting from such errors. (b) From time to time, we may offer promotions on the Site that may affect pricing and be subject to terms and conditions that are different from these Terms. If the terms of a promotion conflict with these Terms, the terms of the promotion will control. (c) Payment terms are determined by us in our sole discretion and payment must be received before we accept an order unless we agree otherwise in writing. You represent and warrant that: (i) the credit card information you provide to us is true, correct, and complete; (ii) you are duly authorized to use the credit card to make the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site when you place your order.

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4.Shipments; Delivery; Title and Risk of Loss. (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. (b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

5. Returns and Refunds. We will accept returns and refund your purchase price, less original shipping and handling charges, provided the return is made within thirty (30) days of shipment with valid proof of purchase and the product is returned in its original condition.

 

6. Manufacturer's Warranty and Disclaimer. We do not manufacture or control any of the products or services offered on our Website. The offering of products or services through our Website does not imply an affiliation with or endorsement of any product, service, or manufacturer. As such, we make no warranties regarding the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty, as described in the product description on our Website and included with the product. To obtain warranty service for a defective product, please follow the instructions in the manufacturer's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUE OR DIMINUTION OF VALUE ARISING OUT OF, RELATING TO AND/OR CONNECTED WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UNDER WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS AND SERVICES ORDERED THROUGH OUR WEBSITE.

THE FOREGOING LIMITATION OF LIABILITY SHALL: APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

8. Goods Not for Resale or Export. You represent and warrant that the products or services you purchase from this website are for your personal or household use only and are not for resale or export. You further represent and warrant that all purchased goods will ultimately be delivered within the United States.

9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data related to your purchase of products or services through this website.

10. Force Majeure. We will not be liable to you or be deemed to have defaulted or breached these Terms if we fail or delay in performance of any of our obligations hereunder and such failure or delay is caused by acts or circumstances beyond our reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, explosion, governmental action, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other industrial disputes (whether or not involving our employees), restrictions or delays affecting carriers, inability or delay in obtaining the supply of adequate or suitable materials, or failure of materials or telecommunications or power outages.

11. Governing Law and Jurisdiction. The Site is operated in the United States. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of California, without regard to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

12. DISPUTE RESOLUTION AND BINDING ARBITRATION. (a) YOU AND DOUGNAO LLC AGREE TO WAIVE ANY RIGHTS TO SUIT IN COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING RELATING TO CLAIMS. OTHER RIGHTS YOU HAVE IF YOU GO TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any claim, dispute, or controversy between you and us arising out of or relating to your purchase of products or services through the Site (whether in contract, tort, or otherwise, whether existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be exclusively and finally settled by binding arbitration. (b) The arbitration will be conducted by the American Arbitration Association (AAA) under the Consumer Arbitration Rules (AAA Rules) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this provision.

The arbitrator will have exclusive authority to resolve any dispute concerning the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or agreement is void, voidable, or invalid. The arbitrator will have the authority to grant any relief available in court under law or in equity. Any award rendered by the arbitrator must be meritorious and shall be final and binding upon the parties, and may be entered as a judgment in any court of competent jurisdiction. (c) You agree to arbitrate on an individual basis. In any dispute, neither you nor DOUGNAO LLC shall be entitled to join or consolidate claims brought by or against other customers in court or arbitration, or to participate in any claim as a class representative, class member, or private attorney general. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall not have the authority to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be brought in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

13. Assignment. You may not assign any rights or delegate any obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section 13 will be void. No assignment or delegation will relieve you of any of your obligations under these Terms.

14. No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Any waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DOUGNAO LLC.

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies on anyone other than you.

16. Notices. (a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) posting it on the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective when we post it. You are responsible for keeping your email address current. (b) To Us. To provide notice to us under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail at DOUGNAO LLC, 1401 21ST ST NUM 5697 SACRAMENTO, CA 95811. We may update the address for giving notice to us by posting it on the Site. Notices delivered personally will be effective immediately. Notices provided by overnight courier will be effective one business day after being sent. Notices provided by registered or certified mail will be effective three (3) business days after being sent.

17. Severability. If any provision of these Terms is invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement. Our order confirmation, these Terms, any license agreements relating to any products or services you obtain on or through the Site, our Website Terms of Use and our Privacy Policy will be deemed