Terms and Conditions
An Agreement with Revamp Decor, Inc.
(V1.01 – Effective November 1st, 2016)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. THIS IS A BINDING AGREEMENT.
I. You are Entering Into an Agreement
II. Limitations on Content and Risks
III. Disclaimer of Warranties and Limitation of Liability
IV. Product Purchase Terms
V. Your Conduct Requirements; Your Grant of License
VI. Copyrights; Trademark; Ownership of the Website
VIII. User Public Forum Submission/Participation Policy and Terms
IX. Copyright Complaints
X. Dispute Resolution
I. You are Entering Into an Agreement:
B. Minimum Age Requirement: . We hereby require all users of the Website or its products to be over the age of 18. You agree to abide by any such restrictions, and not help anyone avoid these restrictions. If you are under 18, you agree not to subscribe to or otherwise purchase or use any of the products or services of COMPANY. If you are purchasing any of the product or services of COMPANY, you represent that you are at least 18 years of age.
C. Modification: Any attempt by you to supplement or modify this Agreement will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void.
D. Electronic Communications: When you visit this Website or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
II. Limitations on Content and Risks:
A. Third Parties: The Website may contain links to websites maintained by third parties (“Third Party Websites”), including service providers. Such links to Third Party Websites are provided for your convenience and reference only. COMPANY does not operate or control and is not responsible for, any content, software, products or services available on Third Party Websites. COMPANY’s inclusion of links to Third Party Websites does not imply endorsement, warranty, guarantee or recommendation of them, or of the content, products or services of the sponsoring organization thereof.
COMPANY may receive payment from third parties for its services and referrals on and through the Website. A subscription with COMPANY and/or use of the products and services offered by COMPANY constitutes your agreement to this compensation arrangement.
B. No Advice: The information available to you on or through this Website is not a substitute for the services of trained professionals in any pertinent field. In particular, you should regularly consult a qualified attorney, contractor, architect, and/or other expert in all matters relating to real estate, including but not limited to laws and requirements related to real estate construction and remodeling.
III. Disclaimer of Warranties and Limitation of Liability:
The Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, the Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the Company are provided as resources to customers looking for additional information and/or professional opinion. The Company does not assume responsibility for the claims and/or representations made on these or any other websites.
THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF COMPANY AND OTHERS, AND PROPERTY LISTED ON THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF COMPAN, AND THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. COMPANY HEREBY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, ITS CONTENT, THE PRODUCTS AND SERVICES OF COMPANY, OR THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PRODUCTS OR SERVICES OF COMPANY, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, ITS CONTENT OR THE USE OF THE PRODUCTS OR SERVICES OF COMPANY, OR WITH DELAY OR INABILITY TO USE THE WEBSITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, 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.”
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE PARTICULAR PRODUCT OR SERVICE YOU PURCHASED; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
IV. Product Purchase Terms
A) Payment Terms; Orders; Shipping, Shipping Charges and Taxes:
An order is not binding upon the Company until it is accepted. The Company must receive payment before it will accept an order.
Your total cost for purchase of any product will include sales tax, shipping and handling charges shown in the Website shopping cart at final checkout.
The Company will advise you of estimated delivery dates, but the Company will not be responsible for delays in delivery.
B) Return/Refund Policies:
All sales are final. Returns are not accepted except as mentioned in the following sentence below. If there is a material defect in any product you purchase from the Company, as of and when delivered to you, and you report such defect within 3 business days of receipt of the product thereafter, with proof of such defect, including pictures of such, the Company will either repair, replace, or accept a return and refund of such product. The choice of whether to repair, replace, or accept a return and refund will be solely in the discretion of the Company.
To report a defect, you will send a copy of the purchase receipt that you originally received from the company or the associated purchase invoice number, your name, identification of the product with the defect, a description of the defect, and pictures of such to _________________________.
If the Company determines a return is in order, the Company shall provide you, by email, shipping instructions for returns with an RMA number. If return of a product is requested by the Company, return of that product is a condition for a refund and will only be valid if they are mailed in according with the RMA directions (mailing to any other address except as set forth in the RMA instructions will not be honored as a return). You agree that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the Company. If any component of the returned product is missing, Company’s return procedure will be breached and the Company may in its sole and absolute discretion reject the entire return or choose to impose additional charges against you for replacement of the missing component(s).
V. Your Conduct Requirements; Your Grant of License:
You agree to comply with:
i) these Terms and Conditions, and all other rules as may be issued by COMPANY from time to time and communicated to you for the use of this Website;
ii) the requirement that you use and communicate with others through the Website in good faith);
iii) all applicable laws, rules and regulations;
iv) the requirement that you shall not violate the rights of any third party; and
v) the requirement that any information you submit shall be accurate and not misleading.
All of the contents of this Website are protected by copyright and trademark laws, and are the property of their owners. Unless COMPANY says otherwise, you may access the materials located within the Website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You shall not disassemble, decompile, manipulate or reverse engineer the Website, and shall take all necessary steps to prevent such activity. Under no circumstances shall you sell, license, publish, display, copy, modify, transmit, distribute, or exploit the Website (or the content therein), or otherwise make available the Website (or any products, services or property provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement. Only if you obtain prior written consent from COMPANY and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website. You will take all reasonable steps to protect the security of the Website, and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you.
You must abide by all additional copyright notices or other restrictions on the Website.
You agree not to do any of the following while using the Website:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Website.
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
- transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
If you make any post or submission to the Website, then:
vi) you remain owner of such post or submission to the extent you were the owner;
vii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the content in any media, or any form, format, or forum now known or hereafter developed;
viii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns; and
(ix) you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
COMPANY has the right, but not the obligation, to monitor, edit or remove any activity or content which it believes in its sole discretion is incorrect, misleading, unlawful, inappropriate or harmful.
VI. Copyrights; Trademark; Ownership of the Website:
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of COMPANY and protected by U.S. and international copyright laws.
The COMPANY name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANY’s trademarks and trade dress may not be used in connection with any product or service that is not COMPANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COMPANY. All other trademarks not owned by COMPANY or its affiliates that appear on this Website are the property of their respective owners, who may or may not be connected to or sponsored by COMPANY or its affiliates.
The Website is and shall remain the sole and exclusive property of COMPANY. You shall have only the limited rights with respect to the Website as expressly granted in this Agreement, and all rights not expressly granted herein are reserved by COMPANY. You acknowledge and agree that only COMPANY shall have the right to alter, maintain, enhance or otherwise modify the Website, or its products or services.
COMPANY reserves the right to modify or to discontinue the Website and any products or services provided by COMPANY hereunder, with or without notice to you in its sole discretion. COMPANY shall not be liable to you in the event that COMPANY exercises its rights under this Section.
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY’ PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND CUSTOMERS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “LOSSES”), INCURRED BY COMPANY AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (C) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (D) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR CONDUCT; AND (E) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THIS AGREEMENT BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT COMPANY OR ITS RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS) MAY ASSERT.
VIII. User Public Forum Submission/Participation Policy and Terms
i) General: As a service to you and other users of the Website, this Website may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons. Much of the content of the Forums is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COMPANY has no responsibility or liability for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
ii) Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may be, by design, open to the public. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless COMPANY specifically notes otherwise (for example, in the rules for a particular forum).
iii) Confidential Obligations: You agree that you will not upload or transmit any communications or content to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COMPANY has required you to preserve as confidential.
iv) Your Grant of Rights: To the extent you are the original copyright holder of any post or submission by you to a Forum and it does not contain any content of COMPANY or other information you are required to preserve as confidential by COMPANY, then; a) you remain owner of such post or submission to the extent you are the owner; b) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit content in any media , or any form, format, or forum now known or hereafter developed; and c) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
v) No Obligation to Monitor: COMPANY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANY ‘ sole discretion.
vi) No Obligation to Remove: COMPANY is not obligated to remove any content from the Website unless such content is unlawful. Any contributions intended for display on this Website via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it to be published.
vii) No Endorsement: COMPANY does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
viii) COMPANY’s Right to Act: If COMPANY discovers communications which allegedly do not conform to these Terms and Conditions, COMPANY may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. COMPANY will have no liability or responsibility for performance or non-performance of such activities. COMPANY reserves the right to terminate or restrict your access to the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Website are available only through the Website and others are available both through the Website and other sources, such as Usenet, over which COMPANY has absolutely no control.
IX. COPYRIGHT COMPLAINTS
It is the policy of COMPANY to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a “DMCA Notice”:
i) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
ii) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
iii) identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
iv) identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
v) your name, address, telephone number, and email address;
vi) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vii) a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for DMCA notice of claims of copyright infringement on the Website can be reached as follows:
By postal mail:
Attn: Legal Support, DMCA Complaints
Please place “CGG Legal Support, DMCA” in the Subject Header.
Please note that you may be liable for damages (including attorneys’ fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim.
Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi.
This contact information is only for reporting copyright infringement.
X. DISPUTE RESOLUTION
i) You may contact the COMPANY Customer Support Department by e-mail at firstname.lastname@example.org or by telephone at (855) 572-4266 or 866-946-3615 ext 703 concerning charges or other questions regarding the status of your account. However, if your questions are not satisfactorily resolved within fifteen (15) business days of when you first notify the COMPANY Customer Service Department at: COMPANY Inc., 6303 Owensmouth Ave. , Suite #1000, Woodland hills, CA 91367, will review your written complaint delivered by United States mail or by fax to 888-532-2857(855) 572-4266. Notwithstanding the foregoing, in no event may you dispute of any charge hereunder later than thirty (30) days after such charge should have been or could have been reasonably discovered by you (“Late Dispute”). To the maximum extent permitted under applicable law, any and all such Late Disputes shall be waived.
ii) Governing Law; Binding Arbitration; Disputes: You agree that any claim or controversy arising out of or relating to the use of the Website, its content, or the products or services of COMPANY, or to any acts or omissions for which you may contend COMPANY or its employees, agents, affiliates, officers or directors are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in Los Angeles, California, and that said arbitration shall be governed by California law. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Los Angeles, California, and you agree to submit to the jurisdiction of such court for that purpose. You and COMPANY agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under this Agreement and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration between you and us under this Section with arbitration of disputes or claims of any other party, regardless of the nature of the issues or disputes involved.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND COMPANY RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELS, CALIFORNIA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the event COMPANY incurs attorney fees or expenses in connection with the collection of sums owed to us by you under this Agreement, we shall be entitled to recovery of those fees and expenses from you.
iii) Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
iv) Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
iv) Entire Agreement: This Agreement, alternately referred to as the “Terms and Conditions”, together with anything specifically incorporated by reference, is the complete and exclusive agreement between COMPANY and you with regard to the purchase or subscription or use of this Website to which this Agreement is associated. This Agreement supersedes all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between COMPANY and you relating to the subject products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.