Terms of Use
LAST REVISED: September 14, 2022
By accessing (NagunaLabs.com) (or "Website") and using the services provided thereon, you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, do not access, or use thi website. We reserve the right to change these Terms at any time in our sole discretion without further notice to you except posting on this page. Your continued use of the Website after we have posted changes on this page constitutes your agreement to any and all changes. All changes are in effect and enforceable from the date of posting forward. It is your responsibility, and you are encouraged to thoroughly read and review these Terms each time you use the Website and participate in any of the services provided on the Website.
ACKNOWLEDGMENT
By using this Website, you affirm that you are over the age of 18 and that you are able to form a binding, legal contract. This site, and the products and goods offered on the website, are not intended for use by consumers under the age of 18. You represent and warrant that all information you provide through the Website is accurate and current. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms.
HEALTH DISCLAIMER
ANY STATEMENTS ON THIS SITE OR ANY MATERIALS OR SUPPLEMENTS DISTRIBUTED OR SOLD BY WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IF YOU ARE PREGNANT, NURSING, TAKING MEDICATION, OR HAVE ANY MEDICAL CONDITION. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS. THE RESULTS ON ALL PRODUCTS ARE NOT TYPICAL AND NOT EVERYONE WILL EXPERIENCE THESE RESULTS. THE WEBSITE, AND ITS SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND THE INFORMATION INCLUDED ON THE WEBSITE AND SERVICES ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY.
ALTHOUGH WE PROVIDE INFORMATION ABOUT OUR PRODUCTS THROUGH THE SERVICES, NEITHER OUR EMPLOYEES NOR THESE THIRD PARTIES ARE AUTHORIZED TO PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES. WE ALSO HAVE NOT CONFIRMED THE QUALIFICATIONS OF ANY THIRD PARTY WHO PROVIDES INFORMATION THROUGH THE SERVICES, EVEN IF THAT THIRD PARTY LISTS HIS OR HER QUALIFICATIONS. AS A RESULT, YOU SHOULD NEVER USE THE INFORMATION YOU OBTAIN ON THE SERVICES FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR IN PLACE OF ANY MEDICATION OR OTHER TREATMENT PRESCRIBED BY A PHYSICIAN OR HEALTHCARE PROVIDER.
PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. YOU SHOULD DISCUSS ANY MEDICATIONS OR NUTRITIONAL SUPPLEMENTS YOU ARE USING WITH A HEALTHCARE PROVIDER BEFORE USING ANY NEW MEDICATIONS OR SUPPLEMENTS.
60 DAY SATISFACTION GUARANTEE / RETURN POLICY
(NagunaLabs.com) offers a Risk-free, 100% satisfaction guarantee. If at any time you are unsatisfied with our product, you may return the product and request a refund within sixty (60) days from the receipt date for a full refund of the purchase price, not including shipping. All you must do is contact customer support and they will provide you full return instructions.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Website will make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession and use of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. By purchasing the products and/or goods and services hereunder, you agree that they are being acquired for the account of the purchaser's sole use and consumption, and not for resale, in whole or in part. Resale of this product is strictly prohibited.
SHIPPING POLICY
Website currently offers only one shipping option within the United States: Standard for $9.95 cost to customer. The cost for shipping is based upon total order amount and can be seen inside your cart at the time of purchase. Standard typically takes between 3-5 business days. When an order is placed, it will be shipping to an address designated by the purchaser if that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
Although we attempt to ensure that information on this Website is complete, accurate and current, despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price and images than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
USE OF THIS WEBSITE
The design of this Website and all text, graphics, information, content, scripts, videos, photos, and other materials displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
MEMBERSHIP AND REGISTRATION
Certain areas of this Website may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Website reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
By providing us with your contact information, you agree and consent to receive communications from us at the contacts you provide. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
INTELLECTUAL PROPERTY
All information, materials, images, photographs, videos, articles, functions, text, scripts, and other content provided by or on behalf of Website on this website (collectively, "website content") are the sole property of Website. The website and all of its content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. Website reserves all rights, in and to, the Website and its’ content. Unless otherwise noted, the Website name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the website are the property of Website, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior, express written consent of Website. Nothing contained on our Website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of our Website or its’ content will terminate the permission or license granted herein and may constitute a violation of applicable copyright and intellectual property law. You agree that you will not alter, adapt, or otherwise modify any part of our Website or its’ content.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
Our Website may, from time to time, post, (i) links to other sites that we feel may be useful to you, and (ii) content on our website that is supplied by third parties, including independent third-party lenders (collectively "Third Party Content"). Third Party Content is not under the control of Website. Website makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Content, any services accessible by hyperlink or referred from our Website, links contained in any Third-Party Content, or any review, changes, or updates to a third-party website or for third party websites that link to our Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in Third Party Content are those of the respective authors or distributors and not of Website. The existence of such third-party links should not be considered an endorsement or recommendation of those websites or any products and/or services offered on those websites. It is important to note that once a you leave our Website, these Terms do not govern your use of any third-party website, including you’re the Participating Lender’s website, and consumers are encouraged to review the applicable terms of use and privacy policies of any third-party websites.
ANTI-SPAM POLICY
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. We provide a facility that enables users to send email messages / private messages to others. Users must not use this facility to send unsolicited, bulk, or indiscriminate messages, whether or not for commercial purposes. Receipt of unwanted messages from our company: In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us by using the details below and the matter will be investigated.
USER INFORMATION
Other than personally identifiable information, which is subject to this Website’s Privacy Policy HERE, , any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Personally, identifiable information that you voluntarily post on any part of this Website that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Website’s Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
HEALTH RELATED INFORMATION
THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, INFORMATION THAT MAY BE PROVIDED ON THE WEBSITE BY HEALTHCARE OR NUTRITION PROFESSIONALS EMPLOYED BY OR CONTRACTING WITH COMPANY) FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING PRIOR TO USE. THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND DOES NOT COVER ALL HEALTH ISSUES. COMPANY, DOES NOT RECOMMEND THE SELF-MANAGEMENT OF HEALTH PROBLEMS NOR DOES IT ENDORSE ANY PARTICULAR TYPE OF MEDICAL TREATMENT. THE INFORMATION SHOULD NOT BE USED IN PLACE OF A VISIT WITH, CALL TO, CONSULTATION OR ADVICE FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER. IF YOU SUSPECT YOU HAVE A MEDICAL PROBLEM, OR SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, PLEASE PROMPTLY CALL OR SEE YOUR PHYSICIAN OR HEALTH CARE PROVIDER. YOU SHOULD NOT CONCLUDE BY VIRTUE OF SOMETHING YOU HAVE READ ON THIS SITE OR IN RESPONSE TO YOUR INQUIRIES OR QUESTIONS THAT YOU DO NOT NEED TO CONSULT A HEALTH CARE PROFESSIONAL. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR TREATMENT AS A RESULT OF SOMETHING YOU READ ON THIS SITE OR AS A RESULT OF THE ANSWER TO ANY OF YOUR E-MAIL INQUIRIES. YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL HEALTH-RELATED ISSUES RELATED TO OUR PRODUCTS.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WEBSITE NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBSITE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WEBSITE MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. BY USING THIS WEBSITE, YOU ALSO AGREE TO OUR RETURN POLICY.
LIMITATIONS OF LIABILITY
WEBSITE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL WEBSITE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD WEBSITE, AND ITS PARENTS, AFFILIATES (AND THEIR LICENSEES), AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM, LOSS OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR WEBSITE, YOUR CONNECTION TO OUR WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY. THIS INDEMNITY SURVIVES TERMINATION OF THESE TERMS AND CONDITIONS.
PRIVACY PRACTICES AND COMMUNICATIONS
Our Privacy Policy is incorporated into, subject to and made part of these Terms. Please be sure to review our website's Privacy Policy HERE. By using this Website you are expressly requesting that we and/or each of our affiliates may contact you by email, telephone, (text and/or direct mail) to assist you with your request for services or products or additional offers in which you may be interested. In providing your personal information, you agree to provide current and accurate information including, but not limited to, your name, address, telephone number, and email address. Our collection and use of this information are governed by our posted Privacy Policy HERE.
SMS AND TEXT NOTIFICATIONS
By entering your mobile number, you have expressly authorized us or one of our affiliates to send SMS Alerts relating to our products and/or services. Message and Data rates may apply. You may Opt-Out at any time by texting the word STOP and returning the message.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the website. Website reserves the right to terminate any account with respect to this website and to prevent your use of the website if such account is used to engage in illegal activity or to violate these Terms of Use. Website may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
TERMINATION
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
SEVERANCE
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The headings used in these Terms of Use are intended for convenience only, and shall not affect the drafting or interpretation hereof or thereof.
NO WAIVER OF TERMS
Website's failure to enforce any provision of these Terms shall not be construed as a waiver of such or any future provision.
LAW AND VENUE
These Terms, and the interpretation, performance, and enforcement of your and Website’s rights and duties, shall be construed in accordance with the laws of the State of Washington, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. Any claim you may have against this site must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding.
CLASS ACTION WAIVER
To the extent allowed by law, you and Website each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
BINDING ARBITRATION
You and Website (collectively the "Parties") agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association ("AAA") in Sumner, Washington, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys' fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event, shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator's decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Site's copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
MISCELLANEOUS
Website makes no representations that the website is appropriate or available for use in locations outside of the United States. We operate this Website in the United States. By offering this website and its content, no distribution or solicitation is made by Website to any person to use the website or its content in any jurisdiction where the provision of this website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the website. All rights not expressly granted are reserved to Website.
CONTACT INFORMATION
If you have any questions regarding these Terms, you may contact us HERE.