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Terms of service

TERMS OF SERVICE

Crystal Blue Marketing LLC, operating as Hyperbaric-Chambersdirect

Last Updated: May 12, 2026

Effective upon acceptance. Governs all use of hyperbaric-chambersdirect.com and related services.

Overview / Introduction

These Terms of Service ("Terms" or "Agreement") are issued by Crystal Blue Marketing LLC, operating as Hyperbaric-Chambersdirect ("we," "us," or "our"), and govern your access to and use of our online store at hyperbaric-chambersdirect.com, including all related information, content, features, tools, products, and services (collectively, the "Services"). Hyperbaric-Chambersdirect is powered by Shopify, which enables us to provide the Services to you.

Please read these Terms carefully before accessing or using our Services. By visiting our website, placing an order, creating an account, or otherwise using or accessing any part of the Services, you agree to be bound by these Terms of Service and our Privacy Policy [link: Privacy Policy], which are incorporated herein by reference. If you do not agree to all of the Terms of this Agreement, you may not access or use the Services.

These Terms apply to all users of the Services, including without limitation users who are browsers, purchasers, merchants, customers, and/or contributors of content. These Terms constitute a legally binding agreement between you and Crystal Blue Marketing LLC. We recommend you retain a copy of these Terms for your records.

Any new features, tools, or content added to the Services in the future shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms at any time. Continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

Section 1 โ€” Access and Account

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and that you have the legal capacity to enter into this Agreement. If you are not the age of majority in your jurisdiction, you may not use or access the Services.

  • You may permit minor dependents to use the Services on devices you own or manage, provided you have obtained all necessary consents and you accept full responsibility for their use of the Services and compliance with these Terms.
  • You agree to provide accurate, current, and complete information when creating an account or placing an order, and to keep such information up to date at all times. Failure to maintain accurate information may result in suspension or termination of your account.
  • You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You accept full responsibility for all activity that occurs under your account, whether or not authorized by you. Crystal Blue Marketing LLC shall not be liable for any loss or damage arising from your failure to protect your account.
  • You must notify Crystal Blue Marketing LLC immediately at support@hyperbaric-chambersdirect.com if you become aware of any unauthorized use of your account or any other breach of security.
  • You may not transfer, sell, assign, or license your account or any rights associated with your account to any other person or entity. Any such unauthorized transfer shall be null and void.

Section 2 โ€” Our Products

Crystal Blue Marketing LLC strives to display the colors, images, and characteristics of our products as accurately as possible. However, we cannot guarantee that your device's display of any color, texture, or appearance will be accurate, and actual product colors and appearances may differ from those depicted on screen. We make no warranty that product quality, specifications, or descriptions will meet your expectations in every respect.

  • Product descriptions, specifications, and other content on the Services are subject to change at any time without notice, at the sole discretion of Crystal Blue Marketing LLC.
  • We reserve the right at any time to discontinue any product or service without notice, and such discontinuation shall not give rise to any claim or liability.
  • Crystal Blue Marketing LLC reserves the right to limit the quantities of any product or service available for sale, including limitations per person, per household, per order, or per geographic region or jurisdiction. We reserve the right to exercise these limitations on a case-by-case basis.
  • We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. Any offer for any product or service made on the Services is void where prohibited.

Section 3 โ€” Wellness Use Only โ€” Medical Disclaimerย (New)

IMPORTANT โ€” PLEASE READ CAREFULLY BEFORE PURCHASE OR USE

The hyperbaric chambers and related accessories and equipment sold by Crystal Blue Marketing LLC, operating as Hyperbaric-Chambersdirect, are intended for general wellness and lifestyle use only, unless explicitly and expressly stated otherwise in the product listing. Nothing on this website, in any product listing, in any marketing material, or communicated by any representative of Crystal Blue Marketing LLC constitutes medical advice, a medical diagnosis, a treatment recommendation, a clinical recommendation, or a prescription.

You must consult a qualified, licensed healthcare professional before using any hyperbaric product purchased from Hyperbaric-Chambersdirect, and particularly before use if you:

  • Have any pre-existing or ongoing medical condition of any kind;
  • Are pregnant, nursing, or planning to become pregnant;
  • Are currently taking any prescription medications or undergoing any form of medical treatment;
  • Have a history of or currently suffer from any respiratory, cardiac, ear, sinus, or neurological condition;
  • Have had recent surgery or a surgical procedure;
  • Are under the care or supervision of a licensed healthcare provider for any reason; or
  • Have any condition that may be affected by changes in atmospheric pressure.

Individual results from use of any hyperbaric product may vary significantly. Crystal Blue Marketing LLC makes no therapeutic claims of any kind and does not represent that any product sold through the Services will treat, cure, prevent, or mitigate any medical condition or disease.

HYPERBARIC CHAMBERS SOLD BY HYPERBARIC-CHAMBERSDIRECT ARE NOT FDA-CLEARED MEDICAL DEVICES UNLESS EXPRESSLY AND SPECIFICALLY STATED IN THE APPLICABLE PRODUCT LISTING. USE OF ANY PRODUCT PURCHASED THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. CRYSTAL BLUE MARKETING LLC EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ADVERSE HEALTH OUTCOMES, INJURIES, OR CONDITIONS RESULTING FROM THE USE OR MISUSE OF ANY PRODUCT SOLD THROUGH THE SERVICES.

Section 4 โ€” Assumption of Risk and Product Safetyย (New)

IMPORTANT โ€” PLEASE READ CAREFULLY BEFORE PURCHASE OR USE

By completing a purchase through the Services, you acknowledge and agree that the use of hyperbaric chambers and related equipment involves inherent risks, including but not limited to the following:

  • Pressure-related injuries, including barotrauma affecting the ears, sinuses, lungs, or other body cavities;
  • Fire hazard or explosion risk in oxygen-enriched environments;
  • Psychological distress, including claustrophobia or anxiety;
  • Equipment malfunction, seal failure, or pressure loss; and
  • Other risks inherent to the operation of pressurized enclosures.

As a condition of purchase and as further consideration for Crystal Blue Marketing LLC's agreement to sell the product to you, you agree to the following product safety obligations:

  • You will read, understand, and strictly follow all product manuals, warning labels, safety instructions, and operational guidelines prior to initial use and at all times thereafter;
  • You will operate the equipment only as intended and only for its stated and intended purpose;
  • You will ensure proper ventilation of the operating environment and compliance with all applicable fire and safety codes;
  • You will comply with all applicable local, state, and federal laws and regulations governing the possession and use of such equipment; and
  • You will keep the product and all accessories in proper working condition and perform all recommended maintenance.

You must NOT, under any circumstances:

  • Modify, alter, disassemble, or tamper with the equipment or any of its components in any way;
  • Use the equipment with unapproved, incompatible, or non-certified oxygen sources or accessories;
  • Exceed the recommended pressure levels or session durations specified in the product documentation;
  • Allow unsupervised use of the equipment by children, minors, elderly persons, or any other individual who may lack the capacity to safely operate the equipment; or
  • Use the equipment while impaired by alcohol, drugs, or any medication that may affect judgment or physical capability.

Improper use of hyperbaric equipment may result in serious injury, permanent disability, or death.

BY COMPLETING A PURCHASE THROUGH THE SERVICES, THE CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF HYPERBARIC EQUIPMENT AND EXPRESSLY RELEASES CRYSTAL BLUE MARKETING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ALL LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH RESULTING FROM OR ARISING OUT OF THE USE OR MISUSE OF THE PRODUCT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Section 5 โ€” Orders

When you submit an order through the Services, you are making an offer to purchase the selected product(s) at the stated price. Crystal Blue Marketing LLC reserves the right, in its sole and absolute discretion, to accept or decline any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud or abuse.

  • Your order is not accepted, and no contract for sale is formed, until Crystal Blue Marketing LLC expressly confirms acceptance of your order by means of an order confirmation email or equivalent written notification.
  • Payment in full must be received and successfully processed before your order will be accepted and fulfilled. Crystal Blue Marketing LLC reserves the right to cancel any order for which payment is not received or is reversed, charged back, or disputed.
  • Please review your order carefully before submission, including selected products, quantities, shipping address, and payment details. Once an order has been accepted, cancellations or modifications may not be possible or may be subject to a cancellation or restocking fee.
  • All orders are subject to Crystal Blue Marketing LLC's Return and Refund Policy [link: Return and Refund Policy], which is incorporated herein by reference.
  • By placing an order, you represent and warrant that your purchase is for personal or household use only and not for commercial resale, export, or distribution, unless you have obtained prior written authorization from Crystal Blue Marketing LLC.

Section 6 โ€” Prices and Billing

Crystal Blue Marketing LLC reserves the right to change prices for products and services at any time and without notice. The price displayed at the time your order is submitted and confirmed shall govern your purchase.

  • All prices displayed on the Services are in U.S. dollars unless otherwise stated. Posted prices exclude applicable taxes, shipping and handling charges, customs duties, and import charges, unless expressly stated otherwise in the product listing or at checkout.
  • Prices displayed on the Services may differ from prices offered in any physical retail location or through any third-party platform or marketplace, and Crystal Blue Marketing LLC has no obligation to match prices across channels.
  • Promotional offers, discount codes, and special pricing are subject to separate terms and conditions and may be modified or withdrawn at any time. In the event of any conflict between promotional terms and these Terms, the promotional terms shall govern with respect to the specific promotion.
  • By providing your payment information, you represent and warrant that: (i) your credit card, debit card, or other payment information is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your financial institution; and (iv) you will pay all charges, including the purchase price, applicable taxes, and any shipping and handling fees as they become due.
  • Crystal Blue Marketing LLC uses third-party payment processors and does not store full payment card information on its servers. By completing a purchase, you also agree to the terms and conditions of the applicable payment processor.

Section 7 โ€” Shipping and Delivery

Crystal Blue Marketing LLC is not liable for any delays in shipping or delivery. All delivery times, dates, and windows communicated through the Services, in any order confirmation, or by any representative of Crystal Blue Marketing LLC are estimates only and are not guaranteed. Actual delivery times may vary due to carrier capacity, geographic factors, weather conditions, or other circumstances outside our control.

  • Crystal Blue Marketing LLC is not responsible for delays caused by shipping carriers, customs processing or inspection, import or export regulations, or any other events or circumstances beyond our reasonable control.
  • Title to and risk of loss of all products passes to the customer upon transfer of the product to the shipping carrier. Crystal Blue Marketing LLC's responsibility for physical damage to or loss of a shipment ends at the time of carrier handoff.
  • Please refer to our Shipping Policy [link: Shipping Policy] for full terms regarding shipping methods, freight requirements, insurance, tracking, and procedures for reporting and filing claims for damaged, lost, or delayed shipments.
  • For large or freight-shipped items, including hyperbaric chambers, special delivery terms, inspection requirements, and damage reporting deadlines may apply as set forth in our Shipping Policy. Failure to follow these procedures may affect your ability to file a damage claim.

Section 8 โ€” Intellectual Property

All content included in or made available through the Services, including but not limited to trademarks, brand identifiers, text, photographs, images, graphics, video content, audio content, data, software, and the selection, arrangement, and compilation thereof (collectively, "Content"), is the exclusive property of Crystal Blue Marketing LLC, its affiliated entities, or its licensors, and is protected by the laws of the United States and applicable foreign jurisdictions, including copyright, trademark, patent, trade secret, and other intellectual property laws.

  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your personal, non-commercial purposes only, subject to these Terms.
  • You may not reproduce, duplicate, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, reverse-engineer, or otherwise exploit any Content without the prior express written consent of Crystal Blue Marketing LLC.
  • The names "Hyperbaric-Chambersdirect" and "Crystal Blue Marketing LLC," and all related logos, taglines, and slogans, are trademarks or service marks of Crystal Blue Marketing LLC. You may not use any such marks without the prior written permission of Crystal Blue Marketing LLC.
  • Shopify's name, logos, and associated trademarks are the intellectual property of Shopify Inc. and are used herein for identification purposes only. Nothing in these Terms grants you any right to use Shopify's trademarks.

Section 9 โ€” Optional Third-Party Tools

We may provide you with access to certain optional third-party tools over which Crystal Blue Marketing LLC neither monitors nor exercises control. You acknowledge and agree that such tools are provided on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind whatsoever, and without any endorsement by Crystal Blue Marketing LLC.

  • Crystal Blue Marketing LLC shall have no liability whatsoever arising from or relating to your access to or use of any optional third-party tools.
  • Any use of optional third-party tools offered through the Services is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
  • Any new features, functionalities, or tools added to the Services in the future shall also be subject to these Terms of Service.

Section 10 โ€” Third-Party Links

Certain content, products, and services available via the Services may include materials from third parties. Third-party links on the Services may direct you to third-party websites that are not affiliated with Crystal Blue Marketing LLC.

  • Crystal Blue Marketing LLC is not responsible for examining or evaluating the content, accuracy, opinions, practices, policies, or any other aspect of third-party websites or materials, and we do not warrant or make any representations regarding such content, websites, or materials.
  • Crystal Blue Marketing LLC shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the applicable third-party's policies and practices and make sure you understand them before engaging in any transaction.
  • Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party and not to Crystal Blue Marketing LLC.

Section 11 โ€” Relationship with Shopify

Hyperbaric-Chambersdirect is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Crystal Blue Marketing LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Crystal Blue Marketing LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Crystal Blue Marketing LLC, operating as Hyperbaric-Chambersdirect.

Section 12 โ€” Privacy Policy

All personal information collected through or in connection with the Services is subject to the Privacy Policy of Crystal Blue Marketing LLC [link: Privacy Policy], which is incorporated by reference into these Terms of Service.

  • Because the Services are hosted and operated on Shopify's platform, certain personal information collected from you may also be subject to Shopify's Privacy Policy [link: Shopify Privacy Policy], which governs Shopify's collection, use, and disclosure of your information in connection with providing its services to Crystal Blue Marketing LLC.
  • By using the Services, you acknowledge that you have read and understand both Crystal Blue Marketing LLC's Privacy Policy and Shopify's Privacy Policy.
  • Shopify collects and processes personal information in connection with providing e-commerce infrastructure and related services. Crystal Blue Marketing LLC is not responsible for Shopify's data practices beyond what is disclosed in our own Privacy Policy.

Section 13 โ€” Feedback and User Submissions

If you submit, upload, post, or otherwise provide to Crystal Blue Marketing LLC any ideas, suggestions, feedback, reviews, proposals, plans, testimonials, or other content, whether online, by email, by postal mail, or otherwise (collectively, "Submissions"), you agree that we may, at any time, without restriction:

  • By making any Submission, you grant Crystal Blue Marketing LLC a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and otherwise exploit such Submission in any medium and for any purpose, including commercial purposes, without compensation or attribution to you.
  • You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to grant the foregoing license with respect to all content included in your Submission, and that such Submission does not infringe upon or violate any intellectual property right, privacy right, or any other right of any third party.
  • Crystal Blue Marketing LLC has no obligation to maintain any Submission in confidence, to pay any compensation for any Submission, or to respond to any Submission.
  • You agree that your Submissions will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain libelous, defamatory, offensive, or otherwise unlawful material.

Section 14 โ€” Errors, Inaccuracies, and Omissions

Occasionally, information on the Services or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability.

  • Crystal Blue Marketing LLC reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information, or to cancel orders, if any information in the Services 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 Services, including but not limited to pricing information, except as required by applicable law. No specified update or refresh date applied in the Services should be taken to indicate that all information has been modified or updated.

Section 15 โ€” Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or their content:

  • (a) For any unlawful purpose or in furtherance of any malicious, fraudulent, or harmful activity;
  • (b) To solicit others to perform or participate in any unlawful acts;
  • (c) To violate any international, federal, provincial, or state laws, regulations, rules, or ordinances;
  • (d) To infringe upon or violate the intellectual property rights of Crystal Blue Marketing LLC or any third party;
  • (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 to Crystal Blue Marketing LLC or any other party through the Services;
  • (g) To upload or transmit viruses, malware, spyware, or any other type of malicious code or content that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the internet;
  • (h) To collect or track the personal information of others without their express consent;
  • (i) To spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise engage in unauthorized data extraction from the Services;
  • (j) To impersonate any person, entity, or brand, or to misrepresent your identity or affiliation in connection with the Services;
  • (k) To use any automated tool, AI agent, bot, or script to access, use, or interact with any part of the Services without explicit prior written authorization from Crystal Blue Marketing LLC, as further governed by Section 16 of these Terms; or
  • (l) To interfere with or circumvent any security feature, authentication measure, or access control mechanism of the Services or any related network or system.

Crystal Blue Marketing LLC reserves the right to suspend, disable, restrict, or permanently terminate your access to and use of the Services at any time, without prior notice or liability, for any violation of these prohibited use provisions or any other provision of these Terms.

Section 16 โ€” AI Agents

16.1ย ย These Agent Terms apply if you use, allow, enable, or deploy an Agent to access, use, or interact with any part of the Services. For purposes of this Section, "Agent" means any software, program, tool, or service that takes autonomous or semi-autonomous action on behalf of a person or entity, including without limitation artificial intelligence agents, bots, scrapers, automated scripts, and similar technologies.

16.2ย ย No Agent may access, use, or interact with any part of the Services unless it identifies itself as an Agent in every interaction and operates in strict accordance with all requirements set forth in this Section and all other applicable provisions of these Terms.

16.3ย ย Crystal Blue Marketing LLC reserves the right, at any time and in its sole discretion, to limit, restrict, or block, including by technical measures, whether and how any Agent accesses the Services, and you agree not to circumvent any such limitation or restriction.

16.4ย ย Any Agent permitted to interact with the Services must, without exception:

  • (i) Identify itself as an Agent in all HTTP or HTTPS requests and interactions with the Services;
  • (ii) Not conceal, obfuscate, or misrepresent the fact that interactions are being conducted by an Agent and not a human;
  • (iii) Respond truthfully and accurately to any prompt or query designed to determine whether the interaction originates from a human or an automated system; and
  • (iv) Not circumvent, bypass, or defeat any technical or administrative measure that Crystal Blue Marketing LLC has implemented to block, limit, modify, or control Agent access to the Services.

Section 17 โ€” Force Majeureย (New)

Crystal Blue Marketing LLC shall not be liable for any failure to perform, or delay in the performance of, any of its obligations under these Terms of Service if such failure or delay is caused by circumstances beyond its reasonable control ("Force Majeure Event"). Force Majeure Events include, without limitation, the following:

  • Acts of God, natural disasters, floods, earthquakes, hurricanes, fires, or other extreme weather events;
  • Pandemics, epidemics, or public health emergencies declared by a governmental authority;
  • Acts of war, terrorism, invasion, civil insurrection, riot, or civil unrest;
  • Government orders, legislation, regulations, sanctions, embargoes, or restrictions;
  • National or regional supply chain disruptions, material shortages, or port closures;
  • Failure or disruption of third-party shipping carriers or logistics providers;
  • Cyberattacks, denial-of-service attacks, or other malicious interference with information technology systems; or
  • Power outages, telecommunications failures, or infrastructure failures.

In the event of a Force Majeure Event, Crystal Blue Marketing LLC will notify the affected customer as soon as reasonably practicable and will make commercially reasonable efforts to fulfill its obligations once the Force Majeure Event has resolved or its effects have sufficiently abated.

If a Force Majeure Event continues for a period of more than thirty (30) consecutive calendar days and continues to prevent Crystal Blue Marketing LLC from fulfilling an order, either party may cancel the affected order upon written notice to the other party. In such event, Crystal Blue Marketing LLC will issue a full refund for any amounts paid for unshipped or unfulfilled orders within a commercially reasonable time.

Section 18 โ€” Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS PROVIDED BY CRYSTAL BLUE MARKETING LLC THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. CRYSTAL BLUE MARKETING LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM DEFECTS. CRYSTAL BLUE MARKETING LLC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. CRYSTAL BLUE MARKETING LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain statutory rights of consumers, so the above exclusions and limitations may not apply to you in their entirety. In such jurisdictions, the foregoing disclaimer shall apply to the fullest extent permitted by applicable law.

Section 19 โ€” Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRYSTAL BLUE MARKETING LLC, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS, OR SHOPIFY INC. AND ITS AFFILIATES, BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that Crystal Blue Marketing LLC is found liable to you for any claim arising under or in connection with these Terms of Service, the maximum aggregate liability of Crystal Blue Marketing LLC to you shall not exceed the total amount actually paid by you to Crystal Blue Marketing LLC for the specific product or products giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you in full. In such jurisdictions, the limitation of liability shall be enforceable to the maximum extent permitted by applicable law.

Section 20 โ€” Indemnification

You agree to indemnify, defend (at Crystal Blue Marketing LLC's option), and hold harmless Crystal Blue Marketing LLC, Shopify Inc., and their respective affiliates, partners, officers, directors, managers, employees, agents, contractors, licensors, successors, and service providers (collectively, the "Indemnified Parties") from and against any and all third-party losses, damages, liabilities, claims, demands, suits, proceedings, judgments, settlements, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

  • (1) Your breach or alleged breach of any representation, warranty, covenant, or obligation set forth in these Terms of Service;
  • (2) Your violation of any applicable law, regulation, rule, or ordinance;
  • (3) Your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, or other rights of any third party; or
  • (4) Your access to and use of the Services, or use of any product purchased through the Services.

Crystal Blue Marketing LLC reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate fully with Crystal Blue Marketing LLC's defense of such claim.

Section 21 โ€” Binding Arbitration and Class Action Waiverย (New)

PLEASE READ THIS SECTION CAREFULLY โ€” IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Any dispute, claim, controversy, or cause of action arising out of or relating to these Terms of Service, any prior version of these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or to your access to or use of the Services, or to the purchase, delivery, or use of any product sold through the Services, shall be resolved exclusively through final and binding arbitration conducted in Columbus, Ohio, rather than in a court of law.

  • The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, or, by mutual written agreement of the parties, by JAMS pursuant to its applicable arbitration rules. The AAA's Consumer Arbitration Rules are available at www.adr.org.
  • The arbitration shall be conducted before a single, neutral arbitrator who is an attorney or retired judge experienced in commercial disputes. The arbitrator shall have authority to award the same remedies, damages, and relief that a court could award, subject to the limitations set forth in these Terms.
  • The arbitrator's decision and award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
  • The costs of arbitration, including filing fees and the arbitrator's fees and expenses, shall be allocated as provided by the applicable arbitration rules, provided that Crystal Blue Marketing LLC shall not seek reimbursement of its attorneys' fees unless the arbitrator determines that your claim was frivolous or brought in bad faith.

BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN OR BE REPRESENTED AS A PLAINTIFF, CLASS MEMBER, OR CLAIMANT IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CONSOLIDATED ARBITRATION, OR ANY OTHER REPRESENTATIVE OR COLLECTIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR DOES NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR TO PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions:ย Notwithstanding the foregoing, either party retains the right to seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent or ongoing irreparable harm, without waiving the right to arbitration on all other matters. Additionally, if your claim qualifies for adjudication in a small claims court of competent jurisdiction, you may elect to pursue your claim in small claims court rather than arbitration, provided the claim remains within the monetary jurisdiction of that court and is not consolidated with any other claim.

Section 22 โ€” Severability

If any provision of these Terms of Service is determined by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable for any reason, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable or invalid portion of any such provision shall be deemed severed from these Terms of Service, and such determination shall not affect the validity, enforceability, or binding effect of any remaining provision of these Terms. The remaining provisions shall continue in full force and effect.

Section 23 โ€” Waiver; Entire Agreement

The failure of Crystal Blue Marketing LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a present or future waiver of such right or provision, and shall not limit Crystal Blue Marketing LLC's right to enforce such right or provision at any future time.

These Terms of Service, together with all policies, operating rules, and other guidelines posted on or linked from the Services (including, without limitation, the Privacy Policy, Return and Refund Policy, and Shipping Policy), constitute the entire agreement between you and Crystal Blue Marketing LLC with respect to your access to and use of the Services, and supersede and replace all prior and contemporaneous agreements, understandings, representations, warranties, and communications, whether oral or written, between you and Crystal Blue Marketing LLC regarding the subject matter hereof.

Any ambiguities in the interpretation or construction of these Terms shall not be construed against the drafting party. Section headings are included for convenience only and shall not affect the interpretation of these Terms.

Section 24 โ€” Assignment and Governing Law

You may not delegate, transfer, assign, or sublicense this Agreement or any of your rights, interests, or obligations under these Terms of Service to any other person or entity, whether voluntarily, by operation of law, or otherwise, without the prior express written consent of Crystal Blue Marketing LLC. Any purported assignment, transfer, or delegation in violation of this Section shall be null, void, and of no force or effect.

Crystal Blue Marketing LLC may transfer, assign, or delegate these Terms of Service, and any of its rights and obligations hereunder, in whole or in part, without restriction, without your consent, and without prior notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

These Terms of Service and all matters arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles or provisions that would require or permit the application of the laws of any other jurisdiction.

For any dispute or claim that is not subject to mandatory arbitration under Section 21, you and Crystal Blue Marketing LLC each irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Franklin County, Ohio, and each party waives any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.

Section 25 โ€” Changes to Terms of Service

Crystal Blue Marketing LLC reserves the right, in its sole discretion, to update, amend, change, or replace any part of these Terms of Service at any time by posting the updated Terms on this website. The updated Terms will be effective as of the date specified in the notice or, if no date is specified, as of the date of posting.

  • You are responsible for periodically reviewing the Terms of Service posted on the Services to be aware of any changes. Crystal Blue Marketing LLC will provide notice of material changes to these Terms in accordance with applicable law, which may include posting a notice on the Services or sending a notification to the email address associated with your account.
  • Your continued use of or access to the Services, or the placement of any order, following the posting of any changes to these Terms of Service constitutes your acceptance of, and agreement to be bound by, the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Services immediately.

Section 26 โ€” Contact Information

Questions, concerns, or complaints regarding these Terms of Service should be directed to Crystal Blue Marketing LLC using the contact information set forth below. We will make reasonable efforts to respond within two (2) business days of receipt.

Legal Name Crystal Blue Marketing LLC, operating as Hyperbaric-Chambersdirect
Website hyperbaric-chambersdirect.com
Support Email support@hyperbaric-chambersdirect.com
Telephone +1 (866) 787-6674
Mailing Address 175 S 3rd St, Suite 200, Columbus, OH 43215, USA
Customer Service Hours Monday โ€“ Friday, 9:00 AM โ€“ 5:00 PM Eastern Time (ET)
Response Time Within 2 business days of receipt

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