Terms & Conditions

• Representation and Age Restriction. When you use the Website or App and our Services, you represent that (1) you are at least 18 years of age and a “natural person” in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (2) the information you submit is truthful and accurate; (b) your use of the Website or App and our Services do not violate any applicable laws or regulations.
• General Purposes Only. We offer the [Packages/Programs] for access and general informational purposes only. Our Services are not intended to provide medical, health, legal, insurance, commercial, financial, tax or other professional advice. Use of our Services are AT YOUR OWN RISK. Any information on the Services about prior results attained by CosMediCenter or its customers is not a guarantee or warranty that a similar outcome will be achieved.
• User Registration. You can visit and browse the Website or App and our Services as a guest without becoming a registered user of the [Packages/Programs], but you will not be able to participate in any CosMediCenter [Packages/Programs] unless you are a paid registered user. You can become a registered user by purchasing one of the [Packages/Programs] offered through our Website or App. If you sign up to become a registered user of the [Packages/Programs], you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing prohibited uses in Section B. and User Generated Content in Section D. below.
• User Accounts. In order to access some features available on the Website or App, you will need to create an account (“User Account”). To create a User Account, you must be at least 18 years old, a “natural person” in the United States of America, and you must provide truthful and accurate information about yourself. If you become a registered user of the Services, you will be required to create a user I.D. that will be associated with your User Account. You may only create one user I.D. that will be associated with your User Account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and restricting access to your devices so that others may not access our Services in violation of these Terms. You may not use another person’s User Account. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the updated Terms of Use from time to time, and use the Services in a manner consistent with these Terms. CosMediCenter has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and user I.D. originally assigned to you whether or not such access to and use of the Services is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of your password and user I.D. You agree to immediately notify CosMediCenter of any unauthorized use of your password or user I.D. or any other breach or threatened breach of the Services’ security that you become aware of involving or relating to the Services. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including, without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your User Account

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited to, or assist any other persons to:

• use the Services to send or post harassing, abusive, or threatening messages
• soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers
• attempt to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy
• disrupt the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants
• transmit through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable
• use the Services or any Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people
• post or generate User Content or use the Services in any manner that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful
• post or generate User Content or use the Services in any manner that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way
• post or generate User Content or use the Services which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm
• post or generate User Content or use the Services in such a way that damages the image or rights of CosMediCenter, other users or third parties
• send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content
• post or transmit executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism
• use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Services or the Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services
• attempt to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Services
• intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services.

1. CosMediCenter Material. You acknowledge and agree that all names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Website or App or otherwise through your access of our Services (“Material”) are protected intellectual property of, or used with permission or under license by CosMediCenter and/or its licensors. Such Material may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Material related to the Services, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Material by accessing or using the Website or App or Services. Any rights not expressly granted herein are reserved and retained by CosMediCenter and its affiliates, parents, and subsidiaries.

2. License Granted by CosMediCenter. Subject to your compliance with these Terms, CosMediCenter offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Website or App and our Services and to access, download, and make personal and non-commercial use of Material available on through the Website or App and Services. Except as expressly authorized by CosMediCenter, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Material. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

   You may only use the Website or App, Services and Material as permitted by law. To use Material under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Material pursuant to any licenses associated with such Material, (3) not copy or post such Material on any networked computer or broadcast it in any media, (4) make no modifications to any such Material, and (5) make no additional representations or warranties relating to such Material. Except as otherwise expressly authorized herein or in writing by CosMediCenter, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or the Material. CosMediCenter reserves the right to refuse Services, terminate accounts, and/or cancel membership in its discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.

1. User Content. Some of our Services are designed to allow you to publish or transmit information or content through our Services ( “User Content” ). You retain ownership of all User Content you submit, post, display, or otherwise make available via the Services. You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH USER CONTENT. DO NOT PUBLISH OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

2. License Granted by You. To the extent that you submit a testimonial to or through our Services, you hereby grant CosMediCenter permission to use the testimonial along with your name, image, voice, and/or likeness with the testimonial, and you waive any right to bring a claim under right of publicity, invasion of privacy, intellectual property infringement, or any other related cause of action.

   By submitting, displaying, posting, publishing or uploading any User Content, including testimonials, information, text, graphics or other materials, you grant CosMediCenter and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates ( “Licensed Parties” ) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion. You will not receive any compensation of any kind for the use of User Content. You also grant to other users of the Services a non-exclusive, fully-paid, royalty-free, and perpetual license to access your Content during the course of their use of our Services as authorized herein. In addition, you grant CosMediCenter a non-exclusive license to use any User Content for research or academic purposes, where CosMediCenter may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to CosMediCenter lasts for as long as User Content is protected by intellectual property rights. Content in violation of these Terms may be removed without notice.

• Identify the copyrighted work that you claim has been infringed
• Identify the material or link on our Services that you claim is infringing your copyrighted work
• Provide your full legal name, company affiliation, mailing address, telephone number, and email address
• Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of CosMediCenter or others.

1. One Time Purchase; NO REFUND Policy; NON Transferable.Service [Packages][Programs] offered on the Website or App that are sold as one-time purchases are deemed complete upon your purchase, and you acknowledge and agree that no refunds will be issued under any circumstances, including but not limited to, non-use, partial use, or dissatisfaction with the services that you may access through the [Packages][Programs]. Please ensure you have reviewed all [Packages][Programs] details before purchasing. [Packages][Programs] are not transferrable and may only be used by you.

2. Subscription Billing. In the case of a recurring billing cycle, you authorize regularly scheduled charges to your credit card. You will be charged the agreed upon rebill amount. CosMediCenter will generate an invoice and collect payment on the invoice at the beginning of your respective billing period (the “rebill date”). Your rebill date will be on the same day of the month as when you initially purchased your order for CosMediCenter’s services or products, unless a particular month doesn’t have that rebill date, in which case your rebill date would be moved to the last day of the respective month. For example, if your rebill date is the 31st, your rebill date would be January 31, February 28, and March 31 etc. You may cancel your subscription for the services or products from CosMediCenter at least 5 days before the next billing period by sending a cancellation request from your email address on file to info@cosmedicenter.com.

   CosMediCenter will automatically charge your authorized credit card listed on file on your specific rebill date. You understand that the rebill amount will remain in effect until you cancel it according to our cancellation policy, and you agree to notify CosMediCenter of any changes in your account information at least 10 days prior to the next rebill date. If your card on file is declined for any reason, CosMediCenter will attempt to re-run the charge for the card on file up to 4 more times within the following 9 days. If CosMediCenter has run your card 4 times with no success, your account will be cancelled.

You must read our Privacy Policy carefully to understand how CosMediCenter collects, uses, and discloses personally identifiable information from its users, including you. The Privacy Policy also contains important information about how we may communicate with you. You can access our Privacy Policy here. Your acceptance of these Terms means that you also accept our Privacy Policy terms.

The Website or App may link you to other sites on the Internet. These third party websites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CosMediCenter, and you acknowledge that CosMediCenter is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site or any association with its operators.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR OTHERWISE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”FOR YOUR USE. CONTENT AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS, INCLUDING ANY SERVICES DESCRIBED IN OUR [PACKAGES][PROGRAMS] OR MADE ACCESSIBLE THROUGH SUCH [PACKAGES][PROGRAMS], WILL BE TIMELY, SECURE, MEET ANY PARTICULAR STANDARD OF CARE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT OUR SERVICES OR THE [PACKAGES][PROGRAMS] WILL MEET YOUR NEEDS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

COSMEDICENTER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, COSMEDICENTER, ITS AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH COSMEDICENTER OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Our Website, App and Services are a conduit for and a compilation of information about various health and dental services (the “Participating Provider Services”) provided by providers (the “Participating Providers”) who have agreed to be included as part of the [Packages][Programs] made accessible through the Website. The Participating Provider Services made accessible and that may be furnished by Participating Providers are NOT developed, supplied, reviewed, authenticated, analyzed, evaluated or endorsed by CosMediCenter. All questions about the Participating Provider Services should be directed to the individual or entity that is the direct provider of the Participating Provider Services. NOTHING CONTAINED ON THIS WEBSITE, APP OR THROUGH THE SERVICES MADE AVAILABLE BY COSMEDICENTER IS INTENDED TO CONSTITUTE A MEDICAL OR DENTAL DIAGNOSIS OR TREATMENT, OR ANY OTHER OTHER HEALTH SERVICES. Nothing on the Website or App or offered through CosMediCenter’s Services is intended as a validation of the accuracy or completeness of the Participating Provider Services. You hereby acknowledge and agree that you shall not be entitled to any remedy for failure to access or obtain Participating Provider Services, or for any Participating Provider not delivering the Participating Provider Services to you in a satisfactory manner. Your sole and exclusive remedy for dissatisfaction with the Website and CosMediCenter’s Services is to stop using our Services

UNDER NO CIRCUMSTANCES SHALL COSMEDICENTER OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, APP OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COSMEDICENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSMEDICENTER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of CosMediCenter to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other engagement of any Services delivered to you hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to CosMediCenter by you for the Services whose license, use, or other engagement gives rise to the liability. The essential purpose of this provision is to limit the potential liability of CosMediCenter arising out of these Terms and this Agreement. You expressly acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website, Services and any services furnished or products provided hereunder and that, were CosMediCenter to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher

Upon a request by CosMediCenter, you agree to defend, indemnify, and hold harmless CosMediCenter, its affiliated companies, and their respective employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from (a) your breach of any provision of these Terms; (b) your activities in connection with our Services; or (c) the User Content or other information you provide to us through the Services. CosMediCenter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CosMediCenter defense of such claim.

1. Definitions. “Dispute” or “Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.
2. Initial Dispute Resolution. We want to address any concerns that you may have without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any Dispute with CosMediCenter, you agree to first contact us by email at info@cosmedicenter.com or by mail at 233 Lafayette St., Newark, NJ 07105.] to attempt to resolve the Dispute with us informally regarding any concerns you may have about your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the Dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.

3. Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to the above, then either you or we may initiate binding arbitration. Except for any Disputes excluded per below, or in the event of a Mass Arbitration (as defined below) as described below, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Website and Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in Essex County, New Jersey, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Essex County, New Jersey. You or CosMediCenter may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

   Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

   The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

4. Class Action and Class Arbitration Waiver. You and CosMediCenter each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
5. Exceptions. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.
6. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
7. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@cosmedicenter.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
8. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Essex County, New Jersey (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
10. Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

1. No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
2. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
3. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CosMediCenter without restriction.
4. Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
5. Choice of Law/Exclusive Forum. These Terms are entered into in the State of New Jersey (even if you are located outside the State of New Jersey at the time you agree to them) and shall be governed by the laws of the State of New Jersey, exclusive of its choice of law rules. You hereby submit to the exclusive jurisdiction of the state and federal courts sitting in the State of New Jersey for any dispute with us or our affiliates, subsidiaries, employees, contractors, officers, or directors.
6. Notices and Consent to Electronic Communications. When you visit our Website or App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Website or App or Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive communications electronically by writing to us at “Attn: Electronic Communications Delivery Policy, 233 Lafayette St., Newark NJ 07105.” If you fail to provide or if you withdraw your consent to receive communications electronically, CosMediCenter reserves the right to either deny your application for a User Account, restrict or deactivate your User Account, close your User Account, or charge you additional fees for paper copies.

If you need to contact us for any reason, you can email us at info@cosmedicenter.com or call us at 973-344-8170