Terms and Conditions

Effective date: August 24, 2016

OVERVIEW

This website is operated by Cardax, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Cardax, Inc. Cardax, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (including our “Refund Policy,” “Privacy Policy,” and “Trademark and Copyright Notice”, which collectively with these Terms of Service are referred to as the "Terms and Conditions"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please review the Terms of Service before using our product and services.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. You further acknowledge our Trademark and Copyright Notice.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site, except as required by law. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites. 

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cardax, Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at zanthosyn@cardaxpharma.com

All sales are final.

We only replace items if they are defective or damaged.

If you need to make an exchange, please email us at zanthosyn@cardaxpharma.com and send your item to us:

Cardax, Inc.
2800 Woodlawn Drive, Suite 129
Honolulu, Hawaii 96822

Effective Date: August 24, 2016

At Cardax, Inc. (the “Company” and referred to as “we” or “us” or “our”), we are committed to protecting your personal information and privacy. This privacy notice (the “Privacy Policy”) applies to the ZanthoSyn store website (collectively, the “site”). This Privacy Policy explains how we collect, use, and, under certain circumstances, disclose personally identifiable information (“PII”), and the steps we have taken to secure PII.

SECTION 1 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you are consenting to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at zanthosyn@cardaxpharma.com or mailing us:

Cardax, Inc.
2800 Woodlawn Drive, Suite 129
Honolulu, Hawaii 96822

SECTION 2 - WHAT INFORMATION IS COLLECTED

• Personal Information. When you purchase something from our store, as part of the buying and selling process, we collect PII, including name, address, e-mail, and credit card information.
• Non-Personal Information. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

SECTION 3 - WHAT DO WE DO WITH YOUR INFORMATION?

We may use the collected PII for various purposes, including to: (i) process your order(s); (ii) administer your account; (iii) with your permission, provide email marketing about our store, new products and other updates; (iv) improve the operation of the site, and administer or diagnose problems with our site; (v) respond to your requests, inquiries and comments; (vi) to otherwise contact you about your use of the site; (vii) monitor and analyze trends, usage and activities in connection with our site; (viii) maintain our internal record keeping; (ix) analyze user behavior as a measure of interest in, and use of, our site and e-mails, both on an individual basis and in the aggregate; (x) match information collected from you through different means or at different times, including both PII and non-personal information, and use such information along with information obtained from other sources, including third parties; and (xi) implement any other purpose for which the information was collected.

SECTION 4 - WITH WHOM DO WE SHARE COLLECTED INFORMATION

• Hosting Service Provider. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify has its own privacy policy. We are not responsible for the privacy practices of Shopify and encourage you to read their privacy policy.
• Other Service Providers. We may also use other third-party partners to help operate or promote our site and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through the site or for our business (such as vendors, consultants, volunteers and other similar service providers that use such information on our behalf). In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
• Payment Processing. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. Your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
• Legally Compelled Disclosures. We may disclose your PII if we are required by law to do so.
• Business Transfers. If our store is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to you.
• Advertisers. We may use third-party platforms such as Google to serve advertisements on our behalf. These companies may use cookies or other technologies to tailor advertisements you see on the website and third-party websites, to track your response to advertisements, report on visitor interaction and to measure the effectiveness of advertisements. See Section 7 below for a description of “cookies.” We may provide certain of these third-party advertising companies with some PII to help them serve more relevant advertisements for our products, however, the cookies do not contain any PII. These companies may combine information they learn about your visit to our website with data about your web activities at third-party websites or with demographic information to identify your likely interests so that they can provide you with more useful and relevant advertisements when you visit websites within their networks.
  
  The information practices of third-party advertising companies are governed by their own privacy policies and are not covered by this privacy policy. Some of these advertising companies may be members of the Network Advertising Initiative ("NAI"), a cooperative of online marketing companies that offers a centralized tool for opting out of behavioral advertising delivered by each of its member companies. If you would like to obtain more information about the NAI and make choices about their members’ use of your information, please visit the NAI website at http://www.networkadvertising.org/consumer/opt_out.asp. Also, through the Digital Advertising Alliance ("DAA"), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from third parties participating in the DAA, please visit the DAA consumer opt out page at http://www.aboutads.info/choices.

SECTION 5 - THIRD-PARTY LINKS

Our site provides links to other websites whose privacy practices may differ from ours. When you click on links on our store, they may direct you away from our site. If you submit personal information to any of these third-party sites, your information is governed by the privacy policies of those sites and no longer governed by this Privacy Policy. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions to safeguard your data. However, because no security system is impenetrable, we cannot guarantee the security of your data on our servers. In addition, because internet communication is unsecure, we cannot warrant the security of your information or guarantee that the information you transmit to our site may not be intercepted, accessed, disclosed, altered, or destroyed.

If you provide us with your credit card information, the information is encrypted.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

This site uses cookies to track where you have traveled on our site. “Cookies" are small pieces of information that are stored by your web browser on your computer when you visit websites. Our cookies enable us to personalize your visits to your interests and preferences. Cookies may store your username and/or password. A cookie may enable us to relate your use of our site to other information about you, including your PII. All of these purposes serve to improve and personalize your experience on our site. Most web browsers automatically accept cookies. However, you can usually change the web browser to disable cookies. Please note that if you disable all cookies, the functionality of the website may be impaired.

SECTION 8 - AGE OF CONSENT

 By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

We are committed to protecting children’s privacy online and meeting the requirements of the federal Children’s Online Privacy Protection Act. This Site is intended only for users above the age of 13. We do not knowingly collect information from children.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you by updating this Privacy Policy so that you are aware of such changes. By your continued use of this site you signify your agreement to the Privacy Policy as of the effective date.

SECTION 10 - CALIFORNIA PRIVACY RIGHTS

Users who reside in California and have provided their PII to us may request information about our disclosures of certain categories of PII to third parties for their direct marketing purposes under the California “Shine the Light” law. Such requests must be submitted to us in writing at the electronic mail address below. This request may be made free of charge once per calendar year. We reserve the right to not respond to requests submitted other than to the address specified below. If you are a California resident and would like to request such information, please see the QUESTIONS AND CONTACT INFORMATION section below.

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at zanthosyn@cardaxpharma.com or by mail:

Cardax, Inc.
2800 Woodlawn Drive, Suite 129
Honolulu, Hawaii 96822

ZanthoSyn® is a registered trademark of Cardax, Inc. Unauthorized use of any Cardax, Inc. trademark, service mark, or logo may be a violation of federal and state trademark laws.

All registered trademarks, service marks, logos, images, and content are property of their respective owners and there is no endorsement of Cardax, Inc. or any its products or technologies by any such owner.

This website is protected by federal copyright laws. Except for your informational, personal, non-commercial use, as authorized herein, you may not modify, reproduce, or distribute the design or layout of the website, individual sections of the design or layout of the website, or our logos without our written permission.

Any rights not expressly granted herein are reserved.