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Terms of Use and Sale

Welcome to efurb.com (the "Website"). The Website is owned and operated by Equipped LLC, a New York corporation doing business as efurb (the "Company", "we", "our"), whose address is at 135 W 26th Street, NY, NY 10001. Please carefully read the following terms and conditions of use and sale (the "Terms"),which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding purchases made through the Website.

By accessing or using the Website or purchasing refurbished products offered for sale on our Website (the "Products") you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner.

If You are acting on behalf of a corporation, organization or other legal entity, then you represent and warrant that you are duly authorized to enter into this Agreement on behalf of such entity and that you have the proper authority to legally bind the entity to this Agreement.

About the Website

The Website allows registered users to buy refurbished Products and receive our Technical Support and Product Warranty, as more specifically set forth in these Terms.

ALL PRODUCTS AVAILABLE FOR SALE ON THE WEBSITE ARE REFURBISHED AND RECONDITIONED.

The Website also provides information regarding the Company's business and activities.

Note that use of the Website may involve the use of third party platforms, such as Facebook, Twitter and Google. For example, you may “share” or “invite” your friends to the Website through these third party platforms. Use of such third party platforms is governed by their respective terms of service, not these Terms. You bear the sole and exclusive responsibility for complying with those terms of service.

Minors

If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. If you are under the age of 13 you may not use the Services in any way. We reserve the right to terminate your account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age, at any time.

Registration and User Account

Only registered users who have signed-up to the Website with a user account (“User Account”) are eligible to order Products and receive Technical Support for Products. You must submit only true, accurate and complete details when registering to the Website.

You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.

You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process.

Website use

Subject to these Terms, Registered Users may use the Website to purchase refurbished Products and receive our Technical Support for their purchased Products.

Efurb Loyalty Credit Program

Subject to these Terms, you may pay for Products using efurb loyalty credits ("Loyalty Credit"), including efurb credits you earned (if earned) as a registered user of the Website’s pre-launch phase.

You will be entitled to earn Loyalty Credits in the following circumstances:

  • If you are registering to efurb through an invitation from another registered user (as documented in our system logs and records), you are entitled to Loyalty Credits worth $10 upon your registration to the Website.
  • If you have a User Account on the Website and invite a friend to register to the Website using your personal invite link, then when your invitee registers to the Website and makes his or her first purchase on the Website (as documented in our system logs and records), you, the inviter, will be entitled to Loyalty Credits worth $10.

All Loyalty Credits you earn will be associated with your User Account and you may only redeem them to purchase Products available on our Website. Loyalty Credits are redeemable for as long as you have a User Account on the Website.

WE RESERVE THE RIGHT TO LIMIT THE VALUE OF LOYALTY CREDITS THAT YOU MAY REDEEM, OR OTHERWISE CHANGE THE TERMS OF OUR LOYALTY CREDIT PROGRAM, AT ANY TIME.

WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE LOYALTY CREDIT PROGRAM. WE MAY, WITHOUT PRIOR NOTICE, REVOKE OR CANCEL LOYALTY CREDITS FROM YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF YOUR USER ACCOUNT AND EARNED LOYALTY CREDITS IF WE, IN OUR JUDGMENT, BELIEVE THAT YOU HAVE MISUSED, ABUSED OR FRAUDULENTLY USED THE LOYALTY CREDIT PROGRAM, SUCH AS BY USING MULTIPLE EMAIL ADDRESSES TO INVITE YOURSELF TO EARN LOYALTY CREDITS OR HAVING YOUR INVITEES PURCHASE AND RETURN PRODUCTS IN ORDER FOR YOU TO EARN LOYALTY CREDITS.

Pricing, Product Availability and Taxes

Product prices are listed in US Dollars and are subject to change without notice. The Website offers numerous Products, and, despite our efforts, Products might be presented with incorrect prices and Product quantity or availability might be incorrectly indicated. We will correct such errors when we discover them.

If you’ve ordered a Product that has been incorrectly priced, or whose quantity or availability has been incorrectly indicated on the Website, we will suspend the order, contact you, advise you of the error and seek your further instructions in light of the correct Product price, quantity or availability. We are not obligated to provide a Product at an incorrectly indicated price that is lower than the Product’s correct price, if the incorrect price is an obvious error.

Product availability is dynamic and subject to constant change in accordance with incoming Product orders. You agree that if we are unable to ship the Product you ordered due to unavailability, we may rescind our acceptance of your order and cancel it by notifying you to that effect, without liability to you.

Sales tax and other taxes may apply to Products purchased through the Website. Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your order, we reserve the right to charge you for any under-collected amount. If we later determine that we have over-collected taxes on your order, we will make our best effort to refund you for the over-collected amount.

WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY HARM, LOSS, EXPENSE OR OTHER DAMAGES YOU MAY INCUR AS A RESULT OF OUR ERROR IN CALCULATING THE TAXES OWED FOR PRODUCTS YOU PURCHASED, IN EXCESS OF THE DIFFERENCE BETWEEN THE CALCULATED TAXES AND THE CORRECT TAX AMOUNT.

Payment Options

We only accept payments by PayPal, credit cards or debit cards, with U.S. billing and shipping addresses. We will not charge your card until your order ships from our warehouse. If we are unable to process your payment, we reserve the right to cancel your order, with email notification to you.

Shipping

At this time, we only ship Products to addresses within the United States. Shipment of purchased Products is free and you will not be charged for it. The risk of loss and title for Products you purchase pass to you upon delivery of the item to the carrier.

Refund Policy

You may return a purchased Product within thirty (30) days of delivery to you, by return shipping to our facility. You must return Products in their original packaging with all original items accompanying the Products, and a copy of the invoice slip. We cover the shipment cost of returned Products.

Once arrived at our facility, we will inspect the returned Product. If we determine that the Product you returned is in the same physical condition as when shipped to you, we will issue you a refund for the full purchase price, through the same payment method you used to purchase the Product. However, if you purchased the Product, in whole or in part, by redeeming Product Credits (as specified below) or Loyalty Credits (as specified above), such redeemed credits will be refunded in the same form of credits.

As an alternative to receiving a refund as set forth in this section, you may, at your option and choice, invoke our One Year Limited Product Warranty, set forth below.

Technical Support

If you are a registered user holding a User Account, you are eligible to receive our Technical Support for Products you purchased through the Website, as set forth in this section and subject to all other provisions of these Terms. Our Technical Support is available as long as the Company conducts its Website business, and is offered without additional charge. Our Technical Support will only cover technical assistance on questions, problems and inquiries regarding the purchased Products.

We provide Support only by means of telephone call or e-mail correspondence, during our normal business hours, as further detailed in our Technical Support page efurb.com/contact-us.html. We will make an effort to respond to Technical Support requests within a reasonable time and provide a reasonable resolution to your Technical Support request.

Notwithstanding anything to the contrary in these Terms, the Company: (a) has the right to decline to provide Technical Support for matters that, in the Company’s judgment, would require unreasonable time, effort, costs or expenses; and (b) makes no warranties regarding any specific response-time or the successful or satisfactory resolution of the question, problem or inquiry referred to our Technical Support.

Company One Year Limited Product Warranty

The Company’s Product warranty obligations are limited to the terms set forth in this section and are subject to all other provisions of these Terms (the "Product Warranty").

The Company warrants each Product you purchased through the Website against technical malfunctions, technical defects and technical failures (but excluding physical damage to the Product), for a period of ONE (1) year from the date the Product you purchased on the Website leaves our facility for shipment to you (the "Warranty Period").

If a technical malfunction, technical defect or technical failure occurs in a purchased Product, then the Company, at its choice and option, will:

  • Repair the Product, at no charge to you, using refurbished or replacement parts; OR
  • Replace the Product with a refurbished Product, which is at least functionally equivalent to the original Product; OR
  • Provide you a Product Credit for the full purchase price of the Product, such Product Credit being redeemable only for the purchase of Product(s) on the Website. Product Credits are not subject to the terms of Loyalty Credits set forth above.

If a Product has been repaired or exchanged as per options A or B above, the repaired or replacement Product will be under the Product Warranty set out in this section, for the remaining Warranty Period of the original Product.

If a Product or part is replaced as per options A or B above, the replacement Product or part becomes your property and the replaced Product or part becomes our property. When a Product Credit is issued to you as per option C above, the Product being credited becomes our property.

To obtain our Product Warranty service, simply ship the Product to our facility, as per the instructions provided on the Website. We will cover the cost of shipment and will make efforts to repair, replace or credit you (as per options A-C above), as quickly as possible, normally within a few business days of receiving the Product at our facility.

Before you ship the Product for warranty service, it is your exclusive responsibility to –

  • Create a separate backup of any software, settings and data stored in or contained in the Product;
  • Delete all sensitive or personal information stored in or accessible from, the Product; and
  • Disable or remove all security passwords.

Our provision of the Product Warranty service may involve or necessitate the removal or deletion of software, settings and data stored or contained in the Product. Data recovery and software reinstallation is excluded from the Product Warranty service and we are not liable for any damage to or loss of any software, data, or other information stored or contained in the Product. You will be solely responsible for any and all data recovery and software reinstallation.

Product Warranty does not apply in any of the following cases:

  • Products or goods not purchased from the Website (as proven by invoice or other proof of purchase);
  • Damage (such as physical damage) caused by accident, abuse or misuse;
  • If you have removed or rendered illegible the Product’s serial number;
  • Products that have been dismantled, tampered with, repaired, or modified by anyone other than the Company or a service provider authorized by the Product’s manufacturer.

THE PRODUCT WARRANTY AND REMEDIES SET FORTH IN THIS SECTION ARE THE COMPANY’S EXCLUSIVE WARRANTIES TO YOU WITH RESPECT TO THE PRODUCTS AND IN LIEU OF ALL OTHER PRODUCT-RELATED WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT THAT THE COMPANY CANNOT, AS A MATTER OF LAW, LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS PRODUCT WARRANTY, ALL SUCH IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS PRODUCT WARRANTY. WE DO NOT REPRESENT THAT WE WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS PRODUCT WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF SOFTWARE OR DATA.

Acceptable use of the Website

The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.

While using the Website, you agree to refrain from –

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the Website;
  • Interfering with, burdening or disrupting the functionality of the Website;
  • Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
  • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
  • Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Website.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE. WE MAY BLOCK YOUR ACCESS TO AND USE OF YOUR USER ACCOUNT WITHOUT PRIOR NOTICE AND IN OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE FRAUDULENTLY OR ABUSIVELY USING THE WEBSITE.

Contacting us

You may contact the Company by using one of our online 'Contact Us' forms, available on our Website.

When using our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, etc. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to contact you. We will explicitly indicate the mandatory fields for completion.

Links

The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.

By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.

Privacy

The Company respects your privacy. Go to efurb.com/privacy-policy.html to read our current privacy policy. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, we recommend that you periodically read it.

Intellectual Property

All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.

It is forbidden to copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's explicit prior and written consent.

Trademarks on the Website (whether registered or not), the name “efurb”, the tagline “Refurbished. Supported.”, our “e” icon as well as the Website's domain name – are the sole property of the Company, or respective third party owners. It is forbidden to use them without the Company's, or their respective third party owners’, prior written consent.

Changes and Availability

The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein - all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.

Termination and suspension

The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms shall terminate upon our permanent discontinuation of the operation of the Website and the Website’s business.

Further, and in addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account and these Terms, prohibit you from obtaining Technical Support or Product Warranty or utilizing Loyalty Credits or Product Credits earned, if we have reason to believe that -

  • You have breached these Terms; or
  • You performed any act or omission that violates any applicable law, or is harmful or may be harmful to us or any other third party, including other users of the Website.

You may terminate these Terms by providing us a written notice of termination.

The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Applicable Law and Dispute Resolution, Local Laws and Export Control.

Changes to the Terms

The Company may change the Terms from time to time. We will notify you of the changes by posting them on our Website or by some other means of notification. Your continued use of the Services after the effective date of the amended Terms constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.

Disclaimers and Limitation of Liability

OTHER THAN THE PRODUCT WARRANTY SPECIFICALLY SET FORTH ABOVE OR OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS, THE WEBSITE, ITS CONTENT, THE PRODUCTS AND THE TECHNICAL SUPPORT ARE PROVIDED HEREUNDER "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. OTHER THAN THE PRODUCT WARRANTY SPECIFICALLY SET FORTH ABOVE OR OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE, ITS CONTENT, PRODUCTS, PRODUCT DESCRIPTIONS, AND THE TECHNICAL SUPPORT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT, THE PRODUCTS OR THE TECHNICAL SUPPORT, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, ITS CONTENT AND THE TECHNICAL SUPPORT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

The Company makes efforts to operate the Website and provide the Product Warranty and the Technical Support efficiently and correctly. Operation of the Website and provision of the Product Warranty and the Technical Support depend on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free, and the Company does not warrant that the Website, the Product Warranty or the Technical Support will operate in an uninterrupted or error-free manner, that defects or errors in the Website or Technical Support will be corrected, that they will be free from all harmful components, safe, secure, immune from damages, or free of malfunctions, bugs or failures. Such incidents will not be considered a breach of these Terms.

We make no representation or warranty that the Technical Support complies with any third party terms, conditions, rules or guidelines, nor that any outcome resulting from the Technical Support we provide complies with any rules, regulations, professional standards or industry standards.

THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA OR LOSS OF PRODUCT CREDITS OR LOYALTY CREDITS), COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE TECHNICAL SUPPORT, THE PRODUCTS, OR ANY OTHER ASPECT OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE BY YOU ON THIRD PARTY SOFTWARE OR HARDWARE, RELIANCE BY YOU ON TECHNICAL SUPPORT GUIDANCE, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOSS OF DATA OR SOFTWARE, COSTS OF DATA OR SOFTWARE RECOVERY, LOST PROFITS AND/OR GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT, WHETHER FORESEEABLE OR NOT, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT DEROGATING FROM THE LIMITATION OF LIABILITY CONTAINED HEREIN, SHOULD THE ABOVE LIMITATION OF LIABILITY BE DEEMED INAPPLICABLE OR UNENFORCEABLE, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGE, LOSS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, LOSS OR CAUSE OF ACTION.

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.

Indemnification

You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of these Terms, your use of the Website, the Products, the Limited Warranty or the Technical Support, or your violation of any right of a third party in connection with the Website, the Products, the Limited Warranty or the Technical Support.

Notices

Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication to the email address of record in your User Account, or by posting on the Website. Such notices shall be deemed to have been given in writing.

Applicable Law and Dispute Resolution

These Terms, and any dispute, claim or controversy between you and us regarding the Products, the Website, the Technical Support and the Product Warranty (a "Dispute"), shall be solely governed by the laws of the State of New York without regard to its conflict of law provisions.

Any and all Disputes shall be resolved through binding arbitration by telephone, online or based solely upon written submissions without in-person appearance. Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, including any of its procedures applicable to consumer related disputes, except that you may lodge claims in small claims court if your claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms. Judgment on the arbitral award may be entered in any court with competent jurisdiction.

You and the Company hereby acknowledge, agree and covenant that any Dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceedings. Should a Dispute be adjudicated in court, rather than arbitration, for any reason whatsoever, you and the Company each expressly and knowingly waive any right to a jury trial.

Notwithstanding anything to the contrary in this section, the Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.

Local Laws; Export Control

The Company controls and operates the Services from its headquarters in the United States of America and makes no representation that the materials on the Website, the Products, the Technical Support or the Product Warranty are appropriate or will be available for use in other locations. The Website, the Products, the Technical Support and the Product Warranty are not intended for persons outside the United States.

Products are subject to the United States Export Administration Laws and Regulations. You shall strictly comply with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General

Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.

These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

These Terms may only be modified by written amendment.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Last Updated: August 25, 2015