Terms of Use

Last updated on September 16, 2024

Description of Services; Acceptance of Terms

Welcome to HSAStore.com. This website (the “Website”) is owned and operated by FSA Store Inc. and/or one of its affiliates ("HSA Store", "we", “our”, "us") and provides information and shopping services for thousands of products intended to be eligible for purchase under most flexible spending account plans or health savings account plans (each a “Plan” and collectively, “Plans”). We provide products, services, tools and features to you when you visit, interact with or shop with us, including but not limited to your use of the Website, our mobile application, enrollment in our Integration Services for Single Sign On, DirectPay or Balance Display or your use of any software provided by us in connection with any of the foregoing (collectively, the "Services"). By using the Services, you agree, on behalf of yourself and all members of your household and others who use any of the Services under your account, to the following terms of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Notice (collectively, these “Terms”).

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.

IF ANY OF THESE TERMS OR ANY FUTURE CHANGES (AS DESCRIBED IN MORE DETAIL BELOW) ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE SERVICES.

In addition to any other representations and warranties contained herein, you represent and warrant that you have the right, authority and capacity to enter into, and to be bound by, these Terms, and that your access to, and use of, the Services shall be in compliance with these Terms in all respects, as well as any other applicable laws, rules and regulations of any governmental authority, wherever you are located.

Modification of Website Terms

We reserve the right to modify these Terms in our sole discretion from time to time. We encourage you to review these Terms periodically for any updates or changes. If we make a material change or amendment to these Terms, we will post the new terms on the Website and note the date they were last updated. Any changes or modifications will be effective automatically upon the posting of the new terms as revised on the Website, and your use, or continued use, of the Services following such posting will automatically constitute your acceptance of the new terms. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

United States Operation and Governance

FSA Store Inc. is an entity located in the United States; the Services are operated in the United States and governed by the state and federal laws of the United States. The Services are therefore intended for access from, and use by residents of, the United States only. If you are a resident of, or access the Services from, a jurisdiction outside the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to the Services and you therefore do so at your own risk and are responsible for compliance with all applicable laws of such jurisdiction. We make no representation that the Services or accompanying Content (as defined below) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export any Content in violation of United States export laws and regulations. Information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Services, you expressly consent to any such transfer and storage of information outside of your country of residence, where data protection laws may be different and/or less stringent. We make no representation or warranty with respect to any duty to permanently store any information you may provide. By using the Services and providing us with information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. As we allow advertising on the Services, we may also combine information we collect online with information available from other sources, including information received from our advertisers and promotional partners. The Privacy Notice applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Services.

Privacy Policy; Collection of Information

Please review our Privacy Notice, which also governs your access to, and use of, the Services, to understand our practices regarding the types of information we collect from you in connection with your access to, and use of, the Services, and how we use that information.

SMS and Email Messaging Program Terms & Conditions

We offer access to products and services messages via recurring SMS (Short Message Service) messages and emails (the “SMS and Email Messaging Program”). Enrollment in the SMS messaging program requires you to provide your mobile phone number with an area code within the 50 United States or the District of Columbia and opt in. Enrollment in the email messaging program requires you to provide an email address. By enrolling to receive text or email messages, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the SMS messaging program will start. This requires responding to a text sent to your mobile phone confirming your enrollment in the SMS messaging program.

You acknowledge that messages will be sent to the mobile phone number and/or email address you provide to us. Such messages may include personal information about your product and service purchases or products and services that may be of interest to you, and whoever has access to the mobile phone or carrier account or email address may also be able to see this information. You acknowledge that if you elect to receive sensitive personal information, you are (i) electing to receive such information through an unencrypted method of communication, and that (ii) information contained in an unencrypted email and/or text message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties. Once you enroll, the frequency of text or email messages we send to you may vary. You will typically receive browse and cart reminders as well as messages when we have information for you about discounts or promotions for products and services. We do not impose a separate charge for text messages; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.

You may opt out of text messages at any time. To stop receiving text messages, reply STOP to unsubscribe. This will opt you out of any and all future text messages. After you submit a request to unsubscribe, you will receive one final text message confirming that you will no longer receive text messages. No additional text messages will be sent unless you reactivate your enrollment in the SMS messaging program. For questions about text messages, text us the word HELP to receive assistance or contact Customer Service Team via phone at 888-372-1450.

The SMS messaging program is offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider. We may change or discontinue its SMS messaging program without notice or liability to you. We and our related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any SMS messaging program or from technical failures or delays of any kind. We reserve the right to cease delivery of text messages to any person at any time at our sole discretion.

Please review our Privacy Notice, which also governs your access to, and use of, the SMS and Email Messaging Program, to understand our practices regarding the types of information we collect from you in connection with your access to, and use of, the SMS and Email Messaging Program, and how we use that information.

Services Intellectual Property; Services License; Services Access, Suspension and Termination

Except with respect to the limited licenses granted herein, we retains all right, title and interest in and to the Services, throughout the world, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Services, (iii) all other materials and content uploaded or incorporated into the Services by or on behalf of us, including, without limitation, all Content (defined below), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Services IP”). The Services IP is protected in all forms, media and technologies now known or hereinafter developed. Our ownership in and to such Services IP includes the coordination, selection, arrangement and enhancement of such Services IP as a Collective Work under the United States Copyright Act, as amended.

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and make personal use of the Services solely as provided herein, subject to these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Services, (ii) any Account Data (defined below), or (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, screenshots, videos, graphics communications, posts, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Services by us or any third party acting on our behalf or with our express permission (collectively, “Content”), which Content is and shall remain the sole and exclusive property of us or the applicable third party who has uploaded such Content to the Services and/or granted us the right to use such third party owned Content on the Services, as applicable. The Services and any Content (or portion thereof) may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, modified, augmented, or otherwise exploited by you for any purpose without our express prior written consent (or the consent or the applicable third-party owner of such Content) in each instance. Violation of this Section may result in infringement of intellectual property and contractual rights of us or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties. Except as expressly set forth above, these Terms do not grant you any express, implied or other license or right in and to any Content or other intellectual property belonging to us or any other third party.

In addition to the foregoing, if any software is provided by us in connection with the use of the Services, the use of such software shall be governed by a software license agreement accompanying such software, if any, and you hereby agree to comply with all of the terms and conditions included therein.

In certain instances, we may agree to provide you with access to secure, password protected features of the Services. Such access is restricted to authorized users only and any attempt by you to access these features without authorization may subject you to criminal or civil liability. This License terminates automatically upon any unauthorized use of the Services and we will take appropriate investigative and legal action for any illegal or unauthorized use of the Services.

We reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Services or your Account (defined herein), either in whole or in part, at any time, for any reason, and with any conditions, including, but not limited to, if we believe in good faith that you have violated or acted inconsistently with these Terms or any applicable law, or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We reserve the right, in our sole discretion, to terminate your access to the Services and your Account if you file any claim against us or any claim that involves the Services. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by us. If we terminate, limit, or suspend your right to use the Services or your Account, you are prohibited from accessing the Services or registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, without our prior written consent. In the event your right to use the Services is terminated, limited, or suspended, these Terms will remain in effect and enforceable against you.

You may terminate these Terms at any time by ceasing all use of the Services and closing your Account as provided herein; provided, that all sections of these Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

We may in the future update the Services to change the material, Content and/or features thereof at any time (an “Update”). We shall not be liable to you in any way as a result of any temporary suspension of the Services arising from or in connection with an Update. Furthermore, we are under no obligation to undergo an Update of the Services to the extent any Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you pursuant to this Section shall apply in full to any Update.

Your access to the Services may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Services. In addition, perfect security does not exist on the Internet; we cannot and do not guarantee that any Account Data (defined below) or other personally identifiable information provided to us through your use of the Services will not become public under any circumstances.

Prohibited Services Uses and Activities

You agree to access and use the Services solely in accordance with these Terms and all applicable laws, rules and regulations, and solely through the interface that is provided by us for use in accessing the Services. The License granted to you pursuant to these Terms does not include, without limitation: (a) any resale or commercial use of the Services or Content; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Services or any Content not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions on the Services; (e) making derivative uses of the Services and/or any Content; or (f) the use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any Content or other information from the Services or any other user of the Services. You may not use any Meta tags or any other "hidden text" utilizing our service mark, trade name, trademark, or product name without our express written consent.

By accessing and using the Services, you further agree not to do any of the following:

Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, including, but not limited to, that which advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any third party (including rights of privacy or publicity). By uploading any content, materials or other information to the Services, you represent and warrant that you have the lawful right to distribute and reproduce such content, materials and other information;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or allow others to impersonate you or misrepresent their affiliation with you, including, without limitation, in connection with the creation, access or use of an Account;
Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any content, materials or other information that constitutes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
Upload to, distribute or otherwise publish or transfer through, the Services or your Account, any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, corrupted files, malware, spyware, bugs, or any other computer programming routines or similar software that may damage, interfere with, surreptitiously intercept, infiltrate, or expropriate any system, program, data or personal information.
Advertise or offer to sell any goods or services for any commercial purpose through the Services, which are not expressly authorized by us in each instance.
Engage in any activities that constitute spamming, which is strictly prohibited.
Imply or state that any statements you make are endorsed by us, any third party, or any other user, without our express prior written consent, or the express prior written consent of such third party or user in each instance.
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Services in any manner.
Hack or interfere with the Services, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Services for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us or any third-party owner or licensee of any Content.
Upload content, materials or other information that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Use the Services to collect usernames and or/email addresses of other users by electronic or other means.
Use the Services in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining our trade secret information for public disclosure or other purposes.
Register under different usernames or identities, after your Account has been suspended or terminated or register under multiple usernames or identities.
Cause or induce any third party to engage in the restricted activities above.

User Accounts; Account Data

In order to purchase products, you will have the option to checkout either by using your Account Data (as defined below) or as a guest. If you choose to checkout as a guest, any information that you provide to process your order is subject to our Privacy Notice, which you should review for more information. In order to utilize certain features on the Services you will be required to create a user account (“Account”) and provide certain Account information, including, without limitation, your name, email, address, phone number, certain information regarding your Plan, account profile name, login password, and other information that we may require from time to time (collectively, “Account Data”). Please note that we only accept U.S. postal address and e-mail address information since we currently only ship our products to physical addresses in the U.S. (excluding P.O. boxes and Puerto Rico). Please see our Shipping and Returns Policy for additional information. You agree to create only one unique Account and that you shall be the sole authorized user of your Account. You further agree to: (a) keep your Account Data true, accurate, current and complete at all times (and will promptly update your Account Data as necessary from time to time), (b) restrict access by any other person or entity to your password or other login information, (c) not knowingly use the name, email or phone number of any other person without authorization, (c) not use an email that is profane, offensive or otherwise inappropriate, (d) not allow any third party to use your login information, Account Data or Account, and (e) notify us of any breach of security regarding your Account or Account Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Services. Account Data and certain other information about you is subject to our Privacy Notice, which you should review for more information.

In connection with your Account, you represent and warrant that: (i) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any Account Data, materials or other information you submit or upload onto the Services; (ii) such Account Data, materials and other information, when used for the purposes in which it is submitted onto the Services, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy; (iii) such Account Data, materials and other information will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) such Account Data, materials and other information will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) such Account Data, materials and other information will not be obscene or contain child pornography or be harmful to minors; and (vi) such Account Data, materials and other information will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vii) such Account Data, materials and other information will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. You acknowledge and agree that you shall be solely responsible for all Account Data, materials and other information that you upload onto the Services and that we reserve the right to reject, refuse, edit, modify, or remove all or a portion of any such Account Data, materials or other information from the Services that we determine, in our sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you.

You are responsible for maintaining the confidentiality of your Account and password and are fully responsible and liable for all activities that occur under your password or Account, even if not committed by you. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security by contacting us at privacy@fsastore.com. We are not responsible for any loss or damage as a result of someone else using your Account, Account Data or password with or without your knowledge. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Services will not be permitted. You agree to use the Services and your Account only for lawful purposes.

We may from time to time modify or add to the Account Data information fields required to create or maintain your Account, and you agree to promptly complete any such additional or modified information fields when requested by us. If you fail to do so, we may terminate or suspend the use of your Account.

If you create an Account or accept these Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to act on behalf of that entity or agency, and to bind that entity or agency to these Terms. In such case, “you” and “your” will refer and apply to that entity or agency.

Services Use by Minors

The Services are not intended for or directed to persons who are minors (typically persons under the age of 18, but in some cases older depending on the defined age of majority under the applicable law of the jurisdiction of your primary residence). Because we cannot prohibit minors from accessing the Services, we must rely on parents and legal guardians to supervise minors and decide which materials are appropriate for minors to view and/or purchase. By accessing and using the Services, including, but not limited to, creating an Account, purchasing products from us, or providing us with any information, you represent and warrant to us that you are fully able and competent to enter into these Terms and legally permitted to enter into a binding contract (i.e., you have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or, if you are under the legal age of majority, you have the express permission from your parent or legal guardian to do so, and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are legally permitted to enter into a binding contract (i.e., have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or (ii) by minors with the express permission of a parent or legal guardian to purchase items on the Website.

Interactive Areas

The Services may have (or we may in the future add) certain features and functionalities (“Interactive Areas”) that enable you to “like”, “follow”, comment on, review/rate, upload materials, or otherwise interact with, us, certain Content, third party providers of products and services advertised or offered for sale through the Services, or other users of the Services (e.g., via message boards, news groups, forums, and dashboards). You agree to only use such Interactive Areas in a manner that is relevant and appropriate to the applicable forum that you shall not under any circumstances harass or make mischief against any other user or person via any Interactive Areas. You further acknowledge and agree that certain actions you take in connection with, or any communications, content, materials or other information that you upload to, such Interactive Areas may be publicly available to all other visitors and other users of the Services, and that in certain instances, you may be publicly identified by your Account username or login identifier.

You shall be solely responsible for all uses of the Interactive Areas on the Services, and you agree to conduct yourself professionally, civilly and respectfully at all times and in accordance with these Terms. You further represent and warrant that you have the right and license to upload all communications, content, materials and other information that you may provide to the Interactive Areas (“User Content”) and that such User Content does not, and will not, infringe upon the rights of any third party, including, without limitation, intellectual property rights or the rights of publicity and privacy. You retain all right, title and interest in and to any User Content that you upload to the Services; provided, that you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content, in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Services. You grant us and sublicensees the right to use any information that you submit in connection with such content, including, but not limited to your name.

You acknowledge and agree that User Content may become unavailable for any number of reasons, including an operational glitch or the termination of your Account. We recommend keeping a separate copy of your User Content since we cannot guarantee that User Content will always be available.

You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Content will be retained by or made available through the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the blocking, deletion or failure to store any User Content maintained and transmitted through the Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice to you.

You agree to indemnify and hold harmless HSA Store and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct on, or any User Content that you upload to the Services. You hereby acknowledge and agree that we do not actively monitor or police the Interactive Areas or specific interactions between users of the Services (and have no obligation to do so) and you hereby disclaim and hold harmless HSA Store and its parents, subsidiaries, affiliates, employees, agents and representatives from and against any and all liability resulting from your use of any Interactive Areas, including, without limitation, those with other user or persons. We take no responsibility and assume no liability for any User Content posted or uploaded by you or any third party to any Interactive Areas, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

Notwithstanding the foregoing, we reserve the right to determine, in our sole discretion, what constitutes harassment, mischief or inappropriate conduct, or what violates these Terms or applicable law, and may also in our sole discretion, partially or completely deny, suspend or terminate access to the Services to any infringing party, and/or block, remove or edit any User Content made by such infringing party. Additionally, we may access at any time and use internally for any lawful purpose, information stored on our systems, including information related to your use and interaction with any Interactive Areas. We may disclose such information to any third-party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate.

Product and Service Changes, Misprints, Errors, and Cancellations

Subject to applicable law, and notwithstanding any information, slogans, or materials displayed on the Services, we: (a) reserve the right to change the products and services advertised or offered for sale through the Services, the prices or specifications of such products and services, and any promotional offers and any other Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products or services advertised or offered for sale on the Services will be available when ordered or thereafter; (c) reserve the right to limit quantities of products and services sold or made available for sale; (d) do not represent or warrant that Content related to any products or services advertised or offered for sale (including without limitation product descriptions or photographs) is accurate, available, complete, reliable, current, or error-free; (e) do not represent or warrant that any specific products or services advertised or offered for sale through the Services, as of the time of purchase or delivery, will in fact be an eligible product or service for purchase under your Plan; (f) reserve the right to substitute a substantially similar product of equal or greater value to fulfill your order; and (g) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Services is inaccurate, when potential fraudulent activity is detected or when we recognize abuse of these Terms and our policies. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. We have made reasonable efforts to ascertain general eligibility of products and display accurately the colors or appearances of the products on the Services. If a product offered on the Services is not as described, your sole remedy is to return it in unused condition for a refund.

We reserve the right to limit quantities of products and services purchased by each user of the Services. In addition, we reserve the right to cancel any order, or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our Services is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any user of the Services is not entered into until we charge a valid credit card or otherwise accept payment.

Third Party Content and Links

The Services may include third-party content, including but not limited to references to or descriptions or images of products or services, coupons or discounts, or third-party links (such as hyperlinks) to third party websites or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by us (collectively, “Third Party Content”). Third Party Content is provided as an information service, for reference and convenience only. We do not control any such Third-Party Content and are not responsible for its availability or accuracy. Inclusion of any Third-Party Content on the Services (including, without limitation, advertisements or product/service promotions containing Third Party Content) does not constitute or indicate our endorsement thereof and we shall not be liable or responsible for any Third-Party Content transmitted through the Service. You shall be subject to any additional terms and conditions of use, privacy policies or notices, guidelines or other rules and practices applicable to any Third-Party Content that you access through the Services (“Third Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms. You acknowledge and agree that we will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third-Party Content, including compliance with any Third-Party Terms associated therewith. Accordingly, we encourage you to be aware when you leave the Services and to read the Third-Party Terms associated with any Third-Party Content.

By using the Services, you expressly relieve and hold HSA Store and its parents, subsidiaries, affiliates, employees, agents and representatives harmless from any and all liability arising from your use of any Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Services or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Content.

Integration Services

Some users of Third-Party Administrator (TPA) services and websites (“TPA Services”) may have the option to set up Single Sign On to access their Account (“SSO User”). SSO Users are able to connect with and authenticate to the Services through use of the TPA Services instead of logging into their Account using their login and password. To enroll in SSO, you may be required to sign up or log into the TPA Services on its respective website or application.

Some users of Third-Party Administrator (TPA) services and websites (“TPA Services”) may also have the option to set up DirectPay to make purchases from the Website without having to provide credit card information (“DirectPay User”). DirectPay Users are able to connect with and authenticate to the Services through use of the TPA Services instead of logging into their Account using their login and password and make purchases on the Website using the healthcare card administered by their TPA without having to input such card information. To enroll in DirectPay, you may be required to sign up or log into the TPA Services on its respective website or application.

Some users of Third-Party Administrator (TPA) services and websites (“TPA Services”) may also have the option to set up Balance Display to view their healthcare card account balance on the Website while shopping for eligible products and services (“Balance Display User”). Balance Display Users are able to connect with and authenticate to the Services through use of the TPA Services instead of logging into their Account using their login and password and view their healthcare card account balance while shopping for eligible products and services on the Website. To enroll in Balance Display, you may be required to sign up or log into the TPA Services on its respective website or application.

By enrolling in SSO, DirectPay or Balance Display (collectively, the “Integration Services”) you consent to us providing certain user information to the TPA and the TPA providing certain user information to us. You further grant us and the TPA permission to access or otherwise process such information for the purposes of enabling the Integration Services. When using the Integration Services, your payment may be processed by the TPA, or its designated processor, and not by us. If you are enrolled in the Integration Services, you acknowledge that your use of such TPA Services is governed solely by the terms and conditions and privacy notice of such TPA. We do not endorse, are not liable for, and make no representations as to the TPA Services, or the manner in which such TPA Services use, store, or process your data. We are not liable for any damage or loss arising from or in connection with your enablement of such TPA Services. We are not responsible or liable for any changes to or deletion of your data as a result of, or in connection with the Integration Services. The availability of the Integration Services may depend on the availability of the TPA Services and their features and functionality. You understand and agree that we do not control the TPA Services features and functionality, and TPA Services may change without any notice to us. If any TPA Services stop providing access to some or all of certain features or functionality, we may stop providing access to certain features and functionality of the Integration Services. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the TPA Services.

Releases; Disclaimer of Warranties; Limitation of Liability

HSA STORE RESERVES THE RIGHT TO CORRECT ANY INACCURACIES, ERRORS, OR OMISSIONS AND DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY OR COMPLETENESS OF ANY CONTENT AND ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO THE SUBSTANCE, ACCURACY, OR SUFFICIENCY OF ANY SERVICE OR PRODUCT INFORMATION LISTED ON THE SERVICES. HSA STORE DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, NOR DO WE PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY OF THE SERVICES OR ANY CONTENT.

YOUR ACCESS AND USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HSA STORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIALS OR INFORMATION UPLOADED BY ANY USER IN CONNECTION WITH ANY INTERACTIVE AREAS PROVIDED THROUGH THE SERVICES, OR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES. HSA STORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN. HSA STORE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND HSA STORE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER HSA STORE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.

NEITHER HSA STORE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER HSA STORE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT HSA STORE IS ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD HSA STORE, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HSA STORE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL HSA STORE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HSA STORE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HSA STORE OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL PURCHASE PAID BY YOU TO HSA STORE FOR PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU AND HSA STORE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR HSA STORE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR HSA STORE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND HSA STORE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, HSA STORE, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

In addition to any other indemnification obligations set forth in these Terms, you hereby agree to indemnify, defend and hold harmless, HSA Store and its directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective directors, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Services; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) any Account Data or content, materials and other information uploaded by you to any Interactive Areas of the Services; (iv) your violation of any applicable law, rule or regulation in accessing and using the Services; or (v) your violation of any third party right, including, but not limited to, any intellectual property right or right of privacy/publicity related to your access and use of the Services. HSA Store shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon HSA Store’s request. HSA Store reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of HSA Store.

User Reviews and Feedback

We are pleased to hear from our users and welcome your comments, reviews and feedback regarding our products and the Services. You may post reviews of products or services, comments, suggestions, feedback, or other material (each a "Submission") so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. We reserve the right (but not the obligation) to monitor, edit and remove any Submission but do not regularly review each posted Submission.

By posting or sending us any Submission, you grant us and our subsidiaries a non-exclusive, royalty-free, perpetual, and irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us and our subsidiaries the right to use the name you submit in connection with such Submission.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate these Terms and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

We do not investigate any feedback statements posted by users of the Services for accuracy or reliability but may do so if we receive a request from a Services user. We are not legally responsible for any Submission made to the Services, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the Services, we reserve the right (but are under no obligation) to remove posted Submissions that, in our sole discretion, violate these Terms. You acknowledge and agree that you will promptly notify us of any error or inaccurate statement in your Submission, and that if you do not do so, we may rely on the accuracy of such information.

Copyright Infringement Complaints

The service marks and trademarks of HSA Store, including without limitation HSA Store and Caring Mill are service marks owned by HSA Store. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the applicable owner.

We respect the intellectual property of others and expect Services users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, the you may request that we remove or disable the material by submitting written notification to our Copyright Agent (contact information below), in accordance with the Digital Millennium Copyright Act of 1998 (DMCA). Pursuant to section 512(c)(3) of the DMCA, such written notice must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the Accounts of users who are deemed to repeatedly infringe upon copyrights.

Our Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows:

5473 Blair Rd.

Suite 100

PMB 24308

Dallas, Texas 75231

Please note that this procedure is exclusively for notifying HSA Store that your copyrighted material has been infringed.

Confidentiality

For purposes of these Terms, “Confidential Information” means any trade secrets or non-public, proprietary information and data of HSA Store or any other Services user, whether or not marked as proprietary and confidential, including, without limitation, information relating to the business, affairs or operations of HSA Store or any other Services user, financial data, business plans or strategies, methodologies, programs, concepts, strategies, materials, research, product plans, products, developments, marketing, customer data, technology, inventions, processes, intellectual property (including, without limitation, any patents, copyrights, trademarks, trade names, trade secrets, trade dress, moral rights, and any applications related thereto), design techniques, employee information, competitor lists, and any and all other information not generally ascertainable from the public or published information, which is disclosed to, received by, or obtained from any source by you pursuant to or as a result of these Terms, or your access to and use of the Services. You agree that, without the prior written consent of HSA Store, you will not disclose or use for your own purposes any Confidential Information. You further agree that you will take all reasonable precautions to protect Confidential Information directly disclosed to you, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by operation of law, or by a court or governmental agency, or if necessary in any proceeding to establish rights or obligations under these Terms; provided that you will, unless legally prohibited, provide HSA Store with reasonable prior written notice sufficient to permit HSA Store an opportunity to contest or limit the nature of such disclosure. You shall promptly notify HSA Store in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. If you commit, or threaten to commit, a breach of this Confidentiality section, HSA Store will have the right to seek injunctive relief from a court of competent jurisdiction.

Promotional Codes and other Offer Terms

Each offer is subject to the specific terms and conditions stated on the offer (if any) as well as these general terms and conditions. Offers expire at 5:59 am ET on the date stated in the offer. Offers cannot be combined. Only offers provided or promoted by us on valid marketing materials will be honored. Offers are valid for one single purchase per customer during the term. Offers are not valid on items not in stock at time of purchase. Offers are non-transferable and cannot be redeemed for cash or a cash equivalent. Offers are valid for United States residents only. If using a discount code, Customer must click to activate or enter the offer code at checkout to apply the offer to the current purchase. Offers cannot be applied to previous or future purchases. Discounts are applied pre-tax and cannot be applied to shipping charges or taxes. Discounts will be allocated proportionally among all items in your order. We may revoke all or a portion of an offer that we believe is the result of misuse or fraudulent activity and reserves the right, in its sole discretion, to terminate or modify an offer at any time. The following exclusions apply: 23andMe, Medela Sonata™ Smart Breast Pump, Miku Smart Baby Monitor, Willow Wearable Double Electric Breast Pump, Owlet Smart Sock Baby Monitor-3rd Generation, Owlet Monitor Duo: Smart Sock 3 plus HD Video Camera, Owlet Dream Sock, Owlet Dream Duo, Mira Fertility Plus Starter Kit, Mira Fertility Plus Replacement Test Wands, 20 ct., Hi-Tech Baby Bundle, Elvie Double Electric Breast Pump, Willow Go™ Wearable Hands-Free, Cord-Free Double Electric Breast Pump, Eko Duo ECG Plus Digital Stethoscope, A&D Wrist Blood Pressure Monitor, AliveCor KardiaMobile Personal EKG, AliveCor KardiaMobile Personal EKG 6L, Aura Pulse Comprehensive Health Tracker, Therabody PowerDot UNO Blue 2.0, Therabody RecoveryAir JetBoots, Therabody Wave Duo, Therabody TheraCup, TheraBody RecoveryTherm Hot Vibration Back and Core, Therabody Wave Solo, Therabody Bundle, Abbott BinaxNow Covid-19 Antigen Self Test, Aura Recharge and Recover Bundle, Lexie B2 Powered by Bose Self-fitting OTC Hearing Aids, Lexie B1 Powered by Bose Self-fitting OTC Hearing Aids, HP Hearing Pro Self-Fitting OTC Hearing Aids, and purchases from HSA Store Optical.

Refer a Friend Offer Terms

As a Refer-a-Friend member (a “Referrer”), you are subject to these Terms, as well as the following additional terms and conditions for our Refer-a-Friend program:

Qualified Referral. A Qualified Referral is defined as a first purchase made on our Website by a person (a "Referred Customer") who arrives at our Website by clicking a Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address) and the Referred Customer must have not shopped on our Website before to qualify as a Referred Customer.

Referral Rewards. For you to earn referral rewards as a Referrer, you must have a loyalty account and be logged into your account when sending the referral email or link to the Referred Customer. The Referred Customer must create an account with us upon receiving the referral email or link and must make a purchase while logged in to that account for the Referrer to receive Referral Rewards. Referrers will receive five hundred (500) Loyalty Points (a fifteen-dollar ($15) value) and Referred Customers will receive fifteen dollars ($15) off their first purchase of one hundred twenty-five dollars ($125) or more for each Qualified Referral. See additional terms and exclusions for Referral Rewards above.

Liability. As a Referrer, you are responsible for all tax liability resulting from Referral Rewards.

Eligibility. Eligibility is limited to individuals only. Our Refer-a-Friend Program cannot be used by businesses for affiliate lead generation or posted on discount sites.

Compliance with Law. As a Referrer, you agree to comply with all up-to-date laws, including, but not limited to the CAN SPAM Act. Any distribution of your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from our Refer-a-Friend program.

Right to Close Accounts. We reserve the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use our Refer-a-Friend program in a questionable manner or breaches any of these Terms or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. We reserve the right to cancel our Refer-a-Friend Program or to change these Terms at any time in our sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Special Promotions

We may from time to time provide certain promotional opportunities, sweepstakes and contests to Services users. All such promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Our liability, and the liability of any of our partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the limitations of liability set forth in these Terms.

Governing Law Disputes; Arbitration

These Terms shall be governed by the internal laws of the State of Texas, without reference to its choice of law provisions. Any dispute relating in any way to your access to, or use of, the Services, these Terms (including our Privacy Notice), our advertising or solicitation practices, or the products you purchase through the Services, shall be submitted to confidential arbitration in Dallas, TX, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the City of Dallas and State of Texas, USA and you irrevocably consent to exclusive personal jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Shipping Address

To make purchases on the Website, you must have a valid shipping address in the United States.

Collection of Sales Tax

In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such state’s tax laws. However, if a state does not require this, it may still require that their residents file a sales or use tax return for items purchased on the Services. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

Miscellaneous

These Terms constitute the entire agreement between you and HSA Store with respect to the subject matter hereof.

Except as explicitly stated otherwise, any notices to HSA Store shall be sent by certified mail, return receipt requested, to 5473 Blair Road, Suite 100, PMB 24208, Dallas, Texas 75231 with a copy via electronic mail to legal@fsastore.com, including any questions you may have about the terms and conditions of use set forth in these Terms.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. These Terms may not be assigned or transferred by you without our prior written approval. The section titles in these Terms are for convenience only and have no legal or contractual effect.