Terms and Conditions

Last Updated: May 15, 2024.

1. Acceptance of Terms. These Terms of Use (the “Terms of Use”) apply to the website(s) located at [“https://www.Fungeyes.com”] and any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Use (collectively the “Online Services”), which are owned and operated by or on behalf of Fungeyes, Inc., LLC. (“Company”). The Online Services provide users with access to information and materials about Company and the products and services (“Products and Services”) offered by Company. The Online Services also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Company, Products and Services, and the Company’s suppliers, distributors, and retail sales channels, “Content”).
   PLEASE NOTE: Your access to and use of the Online Services is subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Online Services or any information, Content or Products and Services contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Online Services after such changes are posted; provided, however, that the Company may  provide notice by means of conspicuous alert or notification displayed on the Online Services in the case of substantial revisions. Unless otherwise indicated, any new Content, Products and Services added to the Online Services will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Online Services and these Terms of Use periodically for updates and changes.  If you are using the Online Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Use on behalf of that legal entity.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS OF USE ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.

2. Contacting Us. If you have any questions or concerns about these Terms of Use, please contact us at [support@Fungeyes.com]or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

[PO Box 1625, Cranberry Township, PA 15386]

3. Limited License and Site Access; All Rights Reserved. Use of the Online Services is limited to persons who are at least of the age of majority in their jurisdiction of residence.  Subject to your compliance with these Terms of Use, Company hereby grants you a limited license to access and make personal use of these Online Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Online Services or the Content; any derivative use of the Online Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Online Services and any Content, features, Products and Services offered on these Online Services, including any and all intellectual property rights.  Any software applications available on or through the Online Services are licensed, not sold, to you. The Company may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party.  We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
4. Availability of Products and Services. Due to offers that are limited in time or availability, certain Products and Services described on the Online Services may not be available to all users at all times.   The Online Services may provide certain summary descriptions or other helpful information regarding Products and Services. Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.  The Company attempts to be as accurate as possible with our product descriptions. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED WITHIN AND ON THE ONLINE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the Online Services does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
5. Not a Substitute for Professional Advice. Although the Online Services may provide information concerning Product usage and specifications (including certain prescription Products or safety products), it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in this site without seeking advice from a qualified professional.
6. Shipping and Returns Policies. All sales made through the Online Services are subject to our shipping and return policies, available at [https://www.Fungeyes.com/return-exchanges],
7. Warranty, Repair, and Replacement. We will handle issues you have with your Products in accordance with our Warranty and Service Policy, available at [https://www.Fungeyes.com/returns-exchanges].
8. Payment and Order Acceptance.
   1. Payments for products purchased through the Online Services may be processed by a third party payment gateway. Your use of the third party payment gateway may be subject to your agreement with additional terms and conditions provided by the third party.  Company has no liability for any disagreement between you and the third party payment processor which may arise out of these additional terms and conditions.
   2. If you purchase products on the Online Services, you agree to pay, using a valid credit card (or other form of payment that Company may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Company accepts most generally-accepted credit card brands; however, Company may add or change the cards which it accepts, at any time, in its sole discretion.
   3. All authorized charges will be billed to your designated credit card account (or other payment methods), on the terms described at the time of your purchase. If a payment hold cannot be charged to your credit card as set forth above, Company reserves the right to cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products, and Company has no liability for any overdraft or other fees that you may incur as a result of processing your payment. Company will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
9. Tax Policy. Unless stated otherwise, prices for all products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.  Company charges sales tax on all orders as required by law.  The sales tax amount is based on the location of the store at which the products are installed.
10. Manufacturer’s Rebates. Certain product purchases may entitle you to claim one or more manufacturer’s rebate offers.  Rebate availability and processing are subject to additional terms, conditions, and policies and may be processed by third party providers.
11. Order Limitations/Limited Quantities. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.
12. Except as otherwise expressly stated, all Content appearing on the Online Services is the copyrighted work of Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.

You may download information from the Online Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Online Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Online Services will not infringe rights of third parties.

13. If you believe that any Content on the Online Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at info@Fungeyes.com] with reasonably sufficient detail necessary for us to consider and respond to your complaint.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to [25 Park Street, Cranberry Township, PA 15618].
14. Ownership of information submitted via the Online Services. Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to this web site (“Submission”) will be considered non-confidential. The Company is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.

Company shall: (a) own, exclusively, all now known or later discovered rights to the Submission; and (b) be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.  By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to the Company include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of your Submission.

You understand and intend that any Submission may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any Submission. By providing your Submission to the Company, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree to hold the Company and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company site, or any other use authorized under these Terms, of your Submission.

15. Your privacy is important to us.  We maintain our Privacy Policy at this [https://www.Fungeyes.com/privacy-policy.  We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy.  We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy.  We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site.  We encourage you to periodically check the Site for updates.  If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.
16. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Online Services, and Company reserves the right to change the access configuration of the Online Services at any time without prior notice.
17. In order to make purchases on the Online Services and/or access certain content or features of the Online Services, you may be required to register with Company and create an account. You must not use domain names or web URLs in your username. Your account gives you access to certain portions of the Online Services and functionality that Company may establish and maintain from time to time and in its sole discretion. By providing Company your email address you consent to our using the email address to send you notices related to the Online Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Online Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your [Fungeyes Emails, click Unsubscribe and follow the prompts]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

18. Alternate Login Methods. You may be able to access your account within the Online Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device.  These features are provided through your device’s built-in functionality, and Company has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account.  When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Company.  Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Online Services.
19. Prohibited Use. Any use or attempted use of the Online Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Online Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Online Services, you agree you will not:

1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Online Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
8. Violate any applicable local, state, national or international law;
9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
10. Delete or revise any material posted by any other person or entity;
11. Manipulate or otherwise display the Online Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Online Services other than the main homepage, https://www.Fungeyes.com, in accordance with the Limited License and Site Access outlined above;
12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Online Services or any related networks or systems;
13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
14. Harvest or otherwise collect information about others, including e-mail addresses; or
15. Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on these Online Services.
    The company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Company reserves the right at all times to disclose any information as Company deems 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, in Company’s sole discretion.

2. Right to Monitor. Company neither actively monitors general use of the Online Services under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through these Online Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company’s sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Use, or are, in the sole discretion of Company, inconsistent with Company’s purpose for these Online Services.
3. No Company Editorial Control of Third Party Content; No Statement as to Accuracy. To the extent that any of the Content included in the Online Services is provided by third party content providers or other Website users, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Online Services are those of such third party suppliers or users, respectively. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Online Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company.
4. Links to Third Party Websites. The Online Services may contain links to other sites or online services owned and operated by parties other than Company (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. We do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services unless we specifically so state. In the event the Online Services provide Third Party Links, you acknowledge and agree that Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on the Online Services and may remove a link at any time in its sole discretion for any reason whatsoever. Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Company is not responsible for the privacy practices of any other websites.
5. Rules for Sweepstakes, Contests, Surveys, and Similar Promotions. Any sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) made available through the Online Services will be governed by specific rules that are separate from these Terms of Use.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  The Company urges you to read the applicable rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.
6. Content and other information contained on the Online Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Online Services or any other Website maintained by Company. Users relying on Content or other information from the Online Services do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Company or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Online Services does not affect that purchase in any manner.

YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND OTHER THAN AS STATED IN OUR WARRANTY AND SERVICE POLICY, ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE ONLINE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BYLAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE ONLINE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE ONLINE SERVICES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE ONLINE SERVICES.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE ONLINE SERVICES OR PRODUCTS, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50.  YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE ONLINE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

1. To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from these Online Services, your use of these Online Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

1. Any notices to you from Company regarding the Online Services or these Terms of Use will be posted on the Online Services or made by e-mail or regular mail.

1. Electronic Communications. When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online Services. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

1. ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
   1. In accordance with this section, any dispute, claim, or controversy arising out of or relating to these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or relating to any of the Online Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
   2. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
   3. You retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms of Use. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
2. General Provisions
3. Entire Agreement. These Terms of Use, the Privacy Statement and Notice of Privacy Practices, and other policies Company may post on the Online Services constitutes the entire agreement between Company and you in connection with your use of the Online Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Online Services, including prior versions of these Terms of Use.
4. Governing Law; Jurisdiction; Venue; Severability of Provisions. The Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Georgia and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
5. Class Action Waiver. To the full extent permitted by applicable law, both you and Company waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
6. Jury Waiver. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
7. No Agency Relationship. Neither these Terms of Use, nor any Content, materials, features, or Products and Services of the Online Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
8. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Online Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
9. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

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