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Terms & Conditions

Terms & Conditions

 

General Statement 

By visiting our website (or any of our “product pages and offerings”, or online stores, whether on this site or on any other platforms, such as Amazon, Rakuten, Sears, or others) and purchasing  products offered for sale that we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'Purchaser  Agreement'), and all other terms and conditions including but not limited to, our returns and refunds policies. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site, and should not open or use any item purchased from Buy Now Direct, Inc. (“Buy Now Direct”). YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR USE OF ANY PRODUCTS PURCHASED FROM BUY NOW DIRECT, INC. IS AT YOUR SOLE RISK. Content on this site is for reference purposes only. It is not intended to substitute for advice given by a licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem.

We reserve the right to change this Purchaser Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Purchaser Agreement periodically to familiarize yourself with any modifications. Your continued use or purchase of our products through this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Because use conditions and applicable laws may differ from one location to another and may change with time, the purchaser / customer is responsible for determining whether our products are appropriate for the purchaser’s or customer's use.

When you complete the purchase, you – the buyer – are claiming that you have read, accepted and fully understand the terms of this agreement.  This agreement is a contract.  Under the terms of this contract, you receive certain rights from seller, BuyNowDirect.  You, in return, give the seller certain rights as a purchaser that affect you.  This contract agreement contains provisions that delineate and restrict your rights concerning refunds, warranties, and that limit the liability of the seller BuyNowDirect.  You must accept these terms or seller, BuyNowDirect, will not sell you a product or transact business with you.  Your order will not be processed if you do not accept these terms.  Your pledge of an understanding of this contract and acceptance of the rights, duties and limitations embodied in it, is a material part of the legal consideration that the seller BuyNowDirect requires from you as a condition of sale.

Product Use 

 

By purchasing the products we provide to you, either directly or indirectly, you agree to use the product(s) only for the purposes intended as permitted by (a) the terms of this Purchaser Agreement, (b) applicable laws, regulations, and (c) manufacturer, distributor, packager or re-packager directions for use and/or product’s intended use or purpose, and in compliance with any product cautions or warnings.

Wherein, you understand that:

1 -  In order to purchase our products, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the purchase and sale process, or as part of your ability to purchase and use our product offerings. You agree that any information you provide will be accurate, correct, and up-to-date.

2 - You are solely responsible for any consequences, losses, or damages that you may directly or indirectly incur or suffer due to any unauthorized, unapproved, or unintended uses or activities conducted by you in connection with the purchase or utilization of our product offerings sold by us and purchased by you as the end user.

3 - You understand that generally we do not pre-screen or monitor the buyers or end-users of the various products we offer for sale, which means that if you choose to purchase and use these products, then it is your personal responsibility to use the products in accordance with the explicit directions for the product’s intended use, in a responsible and appropriate manner according to the product’s intended use, packaging or labeling instructions and in compliance with any cautions or warnings contained in any product labeling or packaging.

4 - We do not assume any liability for any use made by you or any other third party users of our products.

 

5 -  As a purchaser of our products, you as buyer and any third party to whom you as buyer provide with a product purchased from us, agree to indemnify and hold harmless BuyNowDirect, its parent company and affiliates, and their directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees:  resulting from any violation of this Purchaser Agreement or misuse, mishandling, inappropriate use of products purchased from us; use of products purchased from us in any form or manner other than its intended purposes; use of products in any form or manner other than provided in any package inserts, internal or external package labeling directions, or product manufacturer stated directions for use or manufacturer’s intended, obvious, or implied purpose or use of product; use of product(s) purchased from us in a manner that contravenes or does not comply with any cautions or warnings; purchase or use of product(s) by a party other than an appropriate end-user or purchaser (such as with professional use only products, whose purchase is restricted to certain professionals, professional offices or entities, certified or licensed persons or entities). 

We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Purchaser Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Regarding your purchase, the sale of this item(s) may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not purchase this item(s) unless you are an authorized purchaser. If the item is subject to FDA regulation,  BuyNowDirect will verify your status as an authorized purchaser of this item before shipping of the item.

Limitation of Warranties

 

By purchasing and using our products offered on this website, you understand and agree that all products we provide are "as is" and "as available". This means that we do not represent or warrant to you that the use of our products will meet your needs or requirements, or that products or accompanying information provided to you will be free from errors or defects.

 

Furthermore, you understand and agree that:

1 - any product purchased or otherwise obtained through our product listings and purchased from us is done at your own discretion and risk, and that you are solely responsible for any damage or injury to yourself or others that may result from the use of such product(s).


2 - no information or advice, whether expressed, implied, oral or written, obtained by you and provided by BuyNowDirect, its product listings, resources, or employees shall create any warranty, guarantee, or conditions of any kind.

 

Limitation of Liability

 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the purchase of product or products at issue.  BuyNowDirect will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using or misusing our products, to the full extent that applicable limitation of liability laws apply.

 

Governing Law

 

This Purchaser Agreement is controlled by BuyNowDirect from our offices located in the State of New York, United States.  As each state and country has laws that may differ from those of New York, by purchasing our product(s), you agree that the statutes and laws of New York, without regard to the conflict of laws, will apply to all matters relating to the use and the purchase of any products through this site and from BuyNowDirect.

Moreover, any action to enforce this Purchaser Agreement shall be brought in the federal or state courts located in United States, State of New York.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

 

UNLESS OTHERWISE EXPRESSED, BUYNOWDIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

* PRIVACY COMMITMENT

BuyNowDirect knows our customers value their right to privacy. Any personal information will only be used to improve our website or product offerings/listings pages. Your information will not be passed along or sold to any other organization. The Privacy Commitment is included due to the sensitivity of individual health information and sales/provisions of medical and health care products, in compliance with HIPAA and other confidential health care or confidential, private individual medical information

 

Professional Use

 

Certain products purchased from Buy Now Direct may be professional use products – whether the product is labeled as a professional use item, or not, by purchasing this item from Buy Now Direct, opening the box that the item comes in, or using or handling the item in any way, you certify, warrant and affirmatively represent to Buy Now Direct that: (i) you are a professional, trained in the use of, and capable of using such item, such use being at your own risk, (ii) you agree to assume the risk of the use of such item, and (iii) Buy Now Direct will in no way be liable in any way whatsoever for your use of the item. 

The sale of certain medical, dental, industrial or other items may be subject to strict regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not purchase this item unless you are an authorized purchaser.  Upon receipt, as with all clinical devices, it is the purchaser’s responsibility to have any instrument checked and recertified for medical use by a qualified technician prior to placing into use / service. 

 

Additional Information

 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR AS A RESULT OF A TRANSACTION FROM THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY BUY NOW DIRECT, INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BUY NOW DIRECT, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM BUY NOW DIRECT, INC. ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR USE OF ANY PRODUCTS PURCHASED FROM BUY NOW DIRECT, INC. IS AT YOUR SOLE RISK. BUY NOW DIRECT, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, USE OF PRODUCTS PURCHASED FROM BUY NOW DIRECT, INC., OR THE SITE CONTENTS OR A TRANSACTION ARISING OUT OF THE SITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, BUY NOW DIRECT, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THESE STATEMENTS DO NOT COME FROM BUY NOW DIRECT, INC..

BUY NOW DIRECT, INC. DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON THE SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT. 

On this Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

PLEASE READ THIS CAREFULLY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR USE OF ANY PRODUCTS PURCHASED FROM BUY NOW DIRECT, INC. IS AT YOUR SOLE RISK.

ANY INFORMATION CONTAINED IN THE PAGES OF THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

THERE MAY BE INFORMATION CONTAINED ON THE SITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.

UNDER NO CIRCUMSTANCES SHALL BUY NOW DIRECT, INC. OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR TRANSACTIONS ON THIS SITE, THE PRODUCTS YOU PURCHASE FROM OUR SITE, OR FOR YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF BUY NOW DIRECT, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND BUY NOW DIRECT, INC.. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BUY NOW DIRECT, INC.. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, A TRANSACTION OR PURCHASE FROM THE SITE, OR ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR TO A REFUND OF YOUR PURCHASE PRICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE AND USE OF ANY PRODUCTS PURCHASED FROM THE SITE, IS AT YOUR SOLE RISK. HEREIN.

 

REFUNDS AND RETURNS:  All returns on any of our selling platforms, require prior written authorization and permission, and are subject to a restocking fee of up to 50% (or more for electronics or equipment) depending on the type of item, the condition of the item and its packaging. ANY ORDER ISSUE MUST BE REPORTED TO BUY NOW DIRECT, INC. WITHIN 7 DAYS OF RECEIPT TO BE ELIGIBLE FOR A RETURN OR REFUND. All returns MUST be received by Buy Now Direct within 20 days of the date of delivery. In order to qualify for return or refund credit, ALL items for return must be received in their original packaging condition - un-opened, sealed and in their original packaging and plastic wrap.  Any item which is opened, not in its original untampered packaging, or not in it's original untampered plastic wrap will automatically be charged a 50% restocking fee. Special order items will automatically be charged a 50% restocking fee. Reimbursement of shipping fees for returned items is at the sole discretion of Buy Now Direct, Inc. 

  • IMPORTANT: ALL RETURNS MUST BE SENT WITH TRACKING (INCLUDING SIGNATURE RECEIPT REQUIRED FOR ORDERS OVER $25); TRACKING MUST BE EMAILED TO BUY NOW DIRECT, INC. IN ORDER FOR RETURN AND REFUND TO BE PROCESSED. RETURNS SENT BACK WITHOUT TRACKING CAN NOT BE PROCESSED AND WILL NOT RECEIVE REFUND; 
Please contact us regarding returns via email or by calling us at 347-328-5710. Please note: 
    • Items must be in new condition - un-opened, sealed and in their original packaging and plastic wrap;
    • Items must be returned with all original packaging and accessories, in their original packaging and plastic wrap;
    • Media items & Electronics (for example, electronics, movies, music, video games, and software) must be unopened and still in their plastic wrap;
    • Electronics must have a UPC or serial number;
    • All returns must be received within 20 days of the date of delivery;
    • Anything that has been determined by Buy Now Direct Inc to be used, is non-returnable. No refunds will be given for used items;
    • No refunds, credits or returns will be given on any item that is a special order item; 
    • No returns will be accepted or refunds given for items received after the maximum return date of 20 days following delivery;
    • Returns are subject to a restocking fee of up to 50% (or more for electronics or equipment) depending on the type of item, the condition of the item and its packaging;
    • No credit will be issued for unauthorized returns. All returns must be properly packaged; no credit will be issue for improperly packaged returns, or on previously opened, used or non-saleable products;
    • Name, address, and order Identification number must accompany all returns, or your request for refund will not be issued; 
    • There are no exchanges - Credit for returns will be processed in a timely fashion;  
    • Items Under Manufacturer Warranty: All Defects on items that are covered under a Manufacturer's Warranty, or Items that do not work correctly but are covered under manufacturers warranty, must be returned to the manufacturer.  Customers must contact the manufacturer to place a warranty claim on all items covered under manufacturers warranty. Buy Now Direct, Inc. makes no representations or warranties of any kind regarding fitness for use or intended purpose of products; 
    • REFUNDS ON THE SEARS PLATFORM WILL BE ISSUED VIA REFUND CHECK TO THE SHIPPING ADDRESS AND PAYEE WITHIN 2-3 WEEKS OF RETURN. 
    • International Orders: We are not responsible for, or in any way involved with, the Customs process or Import taxes from the country that you are shipping to: You may have to pay import taxes and/or customs duties. You may also be required to pay a brokerage (handling) fee for the shipment. These charges are separate from your shipping charge and you will be billed directly for them by the country you are shipping to. We have no nexus to this, nor control over this, and disclaim all responsibility for Customs problems or Import Taxes. In addition, if your order is returned to us due to a banned/restricted products policy, a wrong address, refusal to pay customs fees, refusal to accept the order or because no one was there to accept delivery of your order, we will refund as follows: You will be refunded the total amount of the order, minus the shipping charge, and 50% of the value of the order, (as a re-stocking fee). We will also subtract any other outside charges incurred by us during shipping, such as warehousing fees, return postage fees, etc. If the cost to return the product to us is larger than the cost of the refund due, we will instruct the carrier to abandon the order and there will be no credit for the order. If the product(s) is seized by customs, there will be no credit processed for the product(s).
    • Please Note: The Description Line / Title is the accurate description of all Buy Now Direct, Inc. items on our websites. The picture on any listing should NEVER be considered or relied upon as an accurate description of an item. Often manufacturer provided pictures for items are NOT accurate, and may depict an entire product line, instead of the individual item that is being sold. Other times, merged product listings cause the pictures that we upload to be changed, and on occasions manufacturers change the design of a product. Buy Now Direct, inc. is NOT responsible for refunds on items that are ordered and returned based upon inaccurate pictures.  It is the responsibility of the purchaser to ascertain whether the picture is a current or accurate picture on a particular item; the picture is only provided as a courtesy. 
    • If your refund is not processed and credited, it is the responsibility of the purchaser to ensure that the item was received and credited by Buy Now Direct, Inc. On many occasions, items are returned, for example, without the proper paperwork, RMA number,  et. al. and are not processed; or, et. al., items may become lost in transit. It is the responsibility of the purchaser to ensure that all returns are received by Buy Now Direct, Inc. and to check that refunds are processed and posted (Please see the returns and refunds link for any applicable information regarding Amazon returns, refunds and restocking fees).  Our limitation on liability for refunds and returns is twenty (20) days from the date of delivery. 
    • Refrigeration/Temperature/Expiry Dates/ Lot Numbers: Shipping of items that need to be refrigerated at specific temperatures during shipping is the complete and total responsibility of the purchaser - Buy Now Direct, Inc. is in no way responsible for items that need to be stored at a particular temperature. If purchaser needs items to be kept at a certain temperature, it is purchaser's responsibility to arrange for pick up and shipping of such items. Buy Now Direct, Inc. disclaims all liability and responsibility for storage or shipping of items at specific temperatures, and makes no representations, warranties or guarantees of any kind as to the temperature, storage or temperature during shipping of such items. Buyer assumes complete and total responsibility for verifying any expiration dates or lot numbers prior to purchase. Buy Now Direct, Inc. is in no way responsible to ensure that items are of a particular expiration date or lot number. Buy Now Direct, Inc. disclaims all liability and responsibility for refunds or claims made or based upon particular expiration dates or lot numbers , and makes no representations, warranties or guarantees of any kind as to the expiration date or lot number of any items.
    • FOB Origin /  FOB Shipping / FOB Shipping Point: Responsibility for shipments is based upon Origin. Buy Now Direct’s liability, responsibility, and risk of loss for goods purchased and shipped from Buy Now Direct is considered complete at the our shipping dock, and thus the customer, whether individual or organization, buying the goods is responsible for freight costs, liability, damages or non-receipt of the shipment upon transfer of the shipment by Buy Now Direct, Inc. to it’s carriers (i.e. USPS, UPS, FEDEX). Thus, missing shipments are the responsibility of the purchaser once the purchased items are picked up by our carriers.

    • Replacements: Buy Now Direct reserves the right to replace an item with a suitable replacement if an item is discontinued or unavailable for any reason. 

    • "Authorized Purchaser":  The sale of certain items purchased on this platform may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, DO NOT purchase the item unless you are an authorized purchaser. If the item is subject to FDA or other agency regulation, you, the purchaser, by making the purchase represent and warrant that you are an "authorized purchaser" of the purchased item, for purposes of the FDA or other agency regulation. It is entirely the responsibility of the purchaser to provide the required proof that purchaser is an "authorized purchaser" of the item and any and all responsibility for such purchase rests solely on the purchaser. 

    • Opened Medical or Dental Supplies. Any medical or dental supplies that are shipped internationally (or domestically) and returned to Buy Now Direct, Inc. , whether by customs or by the customer or any third party, or by refusal to accept, and are for any reason opened,  in any way whatsoever, is not eligible for a refund, return or credit. Medical and dental supplies must be returned unopened with the original seal intact. There are no exceptions to this policy.