Terms and Conditions

WEBSITE TERMS OF USE

Welcome to the Authentix® website (the “Website”) owned, operated, and/or provided by Authentix, Inc. (“Company”). The Website, together with all services offered by or through the Website (collectively the “Services”), is offered to you (“You” or “Your”) by Company conditioned on Your acceptance, without modification, of the following terms, conditions, and notices (these “Website Terms”). Your use of the Services (including Your browsing of any of the web pages on the Website) constitutes Your agreement to be bound by these Website Terms.

1. CHANGES.

Company may change these Website Terms from time to time in Company’s sole discretion. Accordingly, Company encourages You to review these Website Terms periodically. Company reserves the right (but is not required) to post a notice on the Website or send You a notice via email or any other delivery method of any such change to these Website Terms. The most current version of these Website Terms shall be linked on the home page of the Website. If You continue to use the Services after Company changes these Website Terms, then You accept all such changes.

2. PRIVACY POLICY.

Company’s Privacy Policy describes Company’s practices concerning information and data that You provide or that Company may collect about You through the Services, and You consent to Company’s use of such information and data in compliance with the Privacy Policy. Company’s Privacy Policy is incorporated into, and made a part of, these Website Terms.

3. ADDITIONAL TERMS OF USE.

Additional terms of use located on the Website may apply to Your use of the Services, including terms of use located on the Website applicable to portions of the Services that may be accessed only following registration with Company (collectively the “Additional Terms”). You agree to comply with the Additional Terms. If there is a conflict or ambiguity between these Website Terms and any Additional Terms that apply to a particular Service, then the Additional Terms shall control.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE.

4.1 INTELLECTUAL PROPERTY.

The Services and all information, content, advertisements, articles, images, photographs, graphics, illustrations, data, text, files, clips (such as audio clips and video clips), links, software, code, messages, communications, content, organization, designs, structures, compilations, libraries, magnetic translations, digital conversions, and other matters related to the Services, including any of the foregoing provided to You by Company (collectively the “Content”), are the exclusive property of, and exclusively owned by, Company and Company’s licensors and Content providers and are protected under applicable copyright, trademark, trade secret, and other laws and regulations (including other proprietary and confidentiality rights laws and regulations). Except as specifically allowed in these Website Terms, the copying, reproduction, redistribution, forwarding, use, modification, publication, posting, transmission, sale, or offering for sale by You of the Services or the Content is strictly prohibited. You do not acquire any ownership rights to any Service or any Content through Your access to, or use of, the Services or the Content, and You possess only those rights expressly granted to you in these Website Terms. You must comply with all applicable laws and regulations and all applicable copyright, trademark, and other legal notices, information, and restrictions contained in, attached to, or associated with, the Services and the Content.

4.2 LIMITED LICENSE.

Company grants, and You accept, a limited, non-exclusive, non-transferable, and revocable license to use the Services and the Content solely as part of Your permitted use of the Services, as such permitted use is expressly contemplated by the Website. You may not (i) transfer or sublicense this limited license to use the Services or the Content or (ii) resell the Services or the Content. Unless otherwise expressly provided in writing, You may not use the Services or the Content for any other purpose. Further, You may not reproduce, republish, distribute, assign, sublicense, sell, alter, or prepare derivative works of the Services or the Content, and You may not disassemble, decompile, or otherwise reverse engineer or attempt to determine the source code of any component of the Services or the Content. All rights in and to the Services and the Content not expressly granted in this Section 4.2 remain in Company, Company’s licensors, and Company’s Content providers.

5. YOUR SUBMISSIONS.

5.1 LICENSE.

By posting, uploading, inputting, providing, or submitting information or materials to or through the Website or the Services (the “Submissions”), You grant Company and Company’s owners, parents, subsidiaries, affiliates, and partners irrevocable permission (including a worldwide, transferable, sub-licensable, perpetual, royalty-free, and fully paid-up license) to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, repurpose, translate, and create derivative works of the Submissions and Your name, voice, likeness, and other identifying information where part of a Submission, in all cases without restriction, in any form, media, software, or technology of any kind now known or developed in the future, including for the purpose or purposes of developing, manufacturing, and marketing products. You waive any moral rights You may have in or to the Submissions. No compensation shall be paid to You with respect to the Submissions.

5.2 RIGHT TO SUBMIT.

By posting, uploading, inputting, providing, or submitting the Submissions, You represent and warrant that You own or otherwise control all of the rights to such Submissions as described in these Website Terms and the Additional Terms, including all the rights necessary for You to provide, post, upload, input, or submit the Submissions and grant Company the rights granted by You in these Website Terms and the Additional Terms with respect to the Submissions.

5.3 REMOVAL.

Company, Company’s licensors, or Company’s Content providers may refuse, remove, or alter a Submission without notice to You (but such licensors and Content providers only have such rights that are separately granted in writing by Company). However, Company has no obligation to monitor or control the Submissions, and You agree that neither Company nor Company’s owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, attorneys, licensors, or Content providers shall be liable for the Submissions or any loss or damage resulting from the Submissions.

6. PERMITTED USERS.

You represent warrant that (i) You are at least 18 years of age, (ii) Your use of the Website, the Services, and the Content is legal in, and does not violate any laws or regulations of, the jurisdiction(s) in which You reside or from which You use or otherwise access the Website, the Services, or the Content, (iii) You possess the legal right and ability to enter into these Website Terms and the Additional Terms and to use the Website, the Services, and the Content in accordance with these Website Terms and the Additional Terms, (iv) Your use of the Website, the Services, and the Content shall be in accordance with these Website Terms and the Additional Terms, (v) Your use of the Website, the Services, and the Content shall be in accordance with all applicable laws and regulations, and (vi) Your use of the Website, the Services, and the Content shall be for Your own personal use and not on behalf of any business or any other entity.

7. YOUR RESOURCES.

You are responsible for obtaining and maintaining all resources (including equipment) and ancillary services needed to connect to and access the Website, the Services, and the Content or otherwise use the Website, the Services, or the Content, including hardware devices, software, and other Internet, wireless, broadband, phone, or other communication devices and connection services (collectively the “Resources”). You are also responsible for ensuring that all Resources are compatible with the Website, the Services, and the Content and for all charges incurred in connection with Your use and possession of the Resources, including any fees charged by a carrier for airtime usage and/or if applicable sending and receiving messages or related notifications (such as phone, data, SMS, and Internet charges). You acknowledge and agree that, depending on your Resource provider(s), some or all of the Website and some or all of the Services and Content may not be available to You. You represent and warrant that You (i) are the owner of, or have explicit permission to use, the Resources and (ii) have the right to incur charges to be billed to the Resources. Company shall not be responsible for any damage to, or loss of, any Resource. You shall ensure that the Resources do not interfere with the operation of the Website or any Service or Content. Company reserves the right to disconnect and terminate the Website, the Services, and the Content if any Resource is found to be causing any such interference. You are responsible for enabling certain features and functions of the Resources, such as data connectivity and text messaging, which are required to use some or all of the Website, the Services, and the Content. Company makes no representations, warranties, guarantees, or assurances as to the compatibility of the Resources or your carriers with the Website, the Services, or the Content. Your carriers may impose limitations on delivery of certain types of content, so You should check with Your applicable carriers to determine whether any limitations shall preclude or otherwise affect your use of the Website, the Services, or the Content.

8. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that You (i) have all necessary right, power, and authority to enter into these Website Terms and the Additional Terms and to perform the acts required of You under these Website Terms and the Additional Terms, including the right and authority to post, upload, input, provide, or submit the Submissions, and (ii) shall not (a) use the Website or the Services in any manner that could damage, disable, overload, or impair the Website or the Services or interfere with any other party’s use and enjoyment of the Website or the Services, (b) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website or the Services, or (c) circumvent, or attempt to circumvent, any security feature of the Website or the Services.

9. RESTRICTIONS.

9.1 PROHIBITED USES.

You agree to use the Website, the Services, and the Content only for the Website’s, the Services’, and the Content’s intended purposes. In this connection, You agree that when using the Website, the Services, and the Content, You shall not:

(a) Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website, the Services, or the Content or make any unauthorized changes to the Website, the Services, or the Content;

(b) Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(c) Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website, the Services, or the Content to do any of the foregoing with respect to) any inappropriate, profane, vulgar, pornographic, sexually explicit, racist, libelous, false, misleading, defamatory, infringing, obscene, indecent, offensive, hateful, disparaging, abusive, unlawful, or objectionable topic, name, material, or information;

(d) Frame the Website, the Services, or the Content, display the Website, the Services, or the Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company and any third party or potentially deprive Company of revenue (including revenue from advertising, branding, or promotional activities);

(e) Upload files that contain software or other material protected by intellectual property laws and regulations (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;

(f) Run Maillist, Listserv, any form of auto-responder on, or with respect to, the Website, the Services, or the Content, or any processes that run or are activated while You are not logged in;

(g) Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;

(h) Impersonate another person or entity or use any fake name or identity;

(i) Allow any other person or entity to use Your identification for posting or viewing comments;

(j) Restrict or inhibit any other user from using and enjoying the Website, the Services, or the Content;

(k) Acting alone, in concert with others or conspiring with others to violate any restrictions, prohibited uses, violate any code of conduct or other guidelines that may be applicable to the Website, the Services, or the Content;

(l) Harvest or otherwise collect information about others, without their prior, express, and written consent;

(m) Use any part of the Website, the Services, or the Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;

(n) Access or use the Website, the Services, or the Content through an interface other than Company’s interface; or

(o) Link to the Website, the Services, or the Content from another; or

(p) Post or transmit, or cause to be posted or transmitted, any communication or Advertisement that fails to disclose or indicate, through a term such as “ad” or “paid,” that the communication is an advertisement or is being made in exchange for compensation or payment; or

(q) Violate any applicable laws or regulations or rights, including intellectual property, privacy, or publicity rights.

9.2 RESPONSIBILITIES.

You are responsible for all of Your acts or omissions in connection with, relating to, and arising out of, the Website, the Services, and the Content. You shall use the Website, the Services, and the Content in a manner consistent with all applicable laws and regulations. Company shall have no duty to, and shall not investigate, Your use or Your right to use or access the Site, the Services, or the Content.

10. ACCESS AND FEATURES.

10.1 ACTIONS BY COMPANY.

Company may take any of the following actions in Company’s sole discretion at any time and for any reason without giving You prior notice:

(a) Restrict, suspend, or terminate Your access to the Website, the Services, and the Content at any time for any reason or for no reason. In particular, and without limitation, Company may restrict, suspend, or terminate Your access to the Website, the Services, and the Content upon Your non-compliance (or threatened non-compliance) with these Website Terms or any Additional Terms or if You violate (or threaten to violate) Company’s rights or the rights of any other party;

(b) Change, modify, suspend, or discontinue the Website, the Services, and the Content and the Website’s, the Services’, and the Content’s respective features and functionality, in whole or in part;

(c) Delete all related information and files in any Submission;

(d) Provide information concerning You and Your activities to comply with applicable laws and regulations or respond to a court order, subpoena, or other lawful request, or if Company believes doing so would protect Your safety or that of another person or protect the security of the Website, the Services, or the Content, or as otherwise described in Company’s Privacy Policy.

10.2 NO LIABILITY.

Company shall not be liable to You or any third party for taking any of the actions in this Section 10, and Company shall not be limited to the remedies described in this Section 10 if You violate these Website Terms or the Additional Term or threaten to violate these Website Terms or the Additional Terms.

11. LINKS.

The Website, the Services, and the Content may contain links to other websites. Company is not responsible for, and disclaims any liability with respect to, the content, accuracy, or opinions expressed in such websites, and Company does not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Website, the Services, or the Content does not imply Company’s approval or endorsement of the linked website or the products, services, or information available at or from such linked website. If you decide to leave the Website, the Services, or the Content and access these third-party sites, you do so at your own risk. Specifically, you shall be subject to such third-party sites’ privacy policies (if any).

12. INDEMNITY.

You shall indemnify, defend, and hold Company and Company’s owners, parents, subsidiaries, affiliates, partners, shareholders, members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, representatives, and attorneys harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including court costs and reasonable attorneys’ fees, resulting from, relating or attributable to, or arising out of, (i) Your failure to comply with any of these Website Terms or the Additional Terms, (ii) Your access to, or use of, the Website, the Services, or the Content (including third party claims relating to content downloaded by You from the Website), (iii) Your Submissions, and (iv) all use of, and activities that occur under, Your account and other identification information (including Your Login Information) and any actions that take place through Your access to the Website, the Services, or the Content (whether conducted by You or another). Company has no duty to reimburse, defend, indemnify, or hold You harmless resulting from, relating or attributable to, or arising out of, these Website Terms, the Additional Terms, the Website, the Services, or the Content or Your use of, or access to, the Website, the Services, or the Content.

13. DISCLAIMERS AND LIMITATIONS.

13.1 NO WARRANTIES.

COMPANY DOES NOT WARRANT OR GUARANTEE THAT (i) THE WEBSITE, THE SERVICES, OR THE CONTENT, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONS, SHALL BE UNINTERRUPTED OR ERROR-FREE, (ii) DEFECTS SHALL BE CORRECTED, (iii) THE WEBSITE, THE SERVICES, THE CONTENT OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE, (iv) THE WEBSITE, THE SERVICES, THE CONTENT, OR THE INFORMATION AVAILABLE THROUGH THEM SHALL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE WEBSITE, THE SERVICES, AND THE CONTENT, AND ALL FEATURES AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM, THE WEBSITE, THE SERVICES, AND THE CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

13.2 LIMITED LIABILITY.

COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE CONTENT, OR SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). COMPANY’S LIABILITY IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE CONTENT, AND THE SUBMISSIONS FOR WILLFUL MISCONDUCT SHALL NOT EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND THESE LIMITS. IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST COMPANY MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

13.3 RISK OF USE.

YOUR ACCESS TO, AND USE OF, THE WEBSITE, THE SERVICES, AND THE CONTENT IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE, THE SERVICES, AND THE CONTENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR THE SERVICES.

13.4 NO EQUITABLE RELIEF BY YOU.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES WHICH ARISE OUT OF, OR RELATE TO, COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR CONTENT OWNED OR CONTROLLED BY COMPANY, INCLUDING THE WEBSITE, THE SERVICES, AND THE CONTENT (INCLUDING THOSE INCORPORATING YOUR SUBMISSIONS).

13.5 WAIVER.

YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

13.6 ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711).

COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE WEBSITE, THE SERVICES, OR THE CONTENT OR ANY WEBSITE LINKED TO THE WEBSITE OR THROUGH ANY USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT. COMPANY SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, PHONE OR COMMUNICATION DEVICE NUMBERS, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON COMPANY’S EQUIPMENT AND TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, THE SERVICES, OR THE CONTENT OR OTHERWISE CONNECTED WITH YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT.

14. NOTICE.

Except as otherwise provided in these Website Terms or the Additional Terms (including with respect to modifications to these Terms or the Additional Terms or modifications to the Website, the Services, or the Content), Company may deliver notices to You via electronic mail or by prepaid certified mail, return receipt requested, at the address maintained in Company’s database; any such notice shall be deemed effectively given upon delivery. You may give notice to the Company by prepaid certified mail, return receipt requested, at the following address: 4355 Excel Parkway, Suite 100, Addison, TX 75001 Attn: LEGAL DEPT, and any such notice shall be effective upon receipt by Company.

15. TRADEMARKS.

Authentix®, Axis®, Royal Joh. Enschede’®, Security Print Solutions™, DigiTrax™, TransAct™, QualiTrax™, GemVision™, Bright Sensors™, Jewel™, SIPI™, and the Authentix logo and checkmark are trademarks of Authentix, Inc. and its subsidiaries and affiliates (hereinafter “Company”). Other Company trademarks, as well as any third-party trademarks, service marks, logos, and trade names appearing on the Website or on or through the Services or the Content, are the property of their respective owners. The use of any trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features owned by Company, or any third party is prohibited without the prior written consent of Company or the applicable third party. If you are seeking permission to use trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features owned by Company, please contact Company by mail at Authentix, Inc., ATTN: LEGAL DEPT., 4355 Excel Parkway, Suite 100, Addison, TX 75001 or via email at: administratorlegal@authentix.com

16. GENERAL.

16.1 GOVERNING LAW AND VENUE.

These Website Terms Agreement shall be governed by, and construed and enforced in accordance with, United States federal law, as applicable, and by the laws of the state of Texas as applied to agreements made, entered into, and performed entirely in Texas by Texas residents, notwithstanding the actual residence Company or You. All lawsuits or proceedings arising out of, or relating to, these Website Terms shall be brought in the state or federal courts located in Dallas County, Texas, and Company and You irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

16.2 ENTIRE AGREEMENT.

These Website Terms (and the Additional Terms) constitute the complete, final, and exclusive understanding between Company and You relating to the subject matter of these Website Terms (and the Additional Terms) and govern Your use of the Website, the Services, and the Content, superseding all prior or contemporaneous understandings, agreements, and/or communications with respect to such subject matter.

16.3 THIRD PARTY TERMS.

You may be subject to additional terms and conditions that may apply when You obtain or use third-party content, third-party software, or goods and services provided by or through third parties or other partners of Company. You agree to be bound by, and comply with, such additional terms and conditions.

16.4 SEVERABILITY.

The provisions of these Website Terms are severable, and in the event any provision of these Website Terms is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Company’s waiver of a breach of any provision of these Website Terms by You shall not operate or be construed as a waiver by Company of any subsequent breach by You.

16.5 NO AMENDMENTS BY YOU.

You may not amend these Website Terms without Company’s prior, express, and written consent.

16.6 ASSIGNMENT.

Company may assign Company’s rights and delegate Company’s duties and obligations under these Website Terms to any party at any time without notice to You. These Website Terms are not assignable, transferable, or sub-licensable by You without Company’s prior, express, and written consent.

16.7 DISPUTE RESOLUTION.

Any dispute arising out of, or relating to, these Website Terms may, at the election of either You or Company, be resolved through binding arbitration in Dallas County, Texas, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). The date on which the arbitrator is appointed is the “Appointment Date.” If You or Company elects to resolve any claim or dispute between them by arbitration, then the electing party shall notify the other party of such election in writing (the “Arbitration Notice”), and thereafter, neither You nor Company shall have the right to litigate that claim in court or to have a jury trial on that claim, even if all parties have opted to litigate a claim in court. You or Company may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. Neither You nor Company shall be entitled to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass or consolidated claims in arbitration, or arbitrate any claim as a representative or user of a class or in a private attorney general capacity. The arbitrator shall only have the authority to resolve individual disputes between You and Company. The Federal Arbitration Act (“FAA”) shall govern this provision. The arbitrator shall honor all claims of privilege recognized by law. Arbitration proceedings are confidential, unless all parties agree otherwise. Arbitration orders and awards are not confidential and may be disclosed by the parties. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order. Unless the parties to the arbitration stipulate to the contrary, the final arbitration hearing will be held no later than 180 days after the Arbitration Notice is delivered, the hearing will last no more than eight hours, and the arbitrator will render the arbitrator’s final decision no later than 60 days after the final hearing is concluded. The discovery period shall begin 15 days after the Appointment Date and shall conclude 90 days later. Each Party shall produce all documents relied upon to support a claim or defense and a list of all individuals with knowledge relevant to any claim or defense within 15 days following the beginning of the discovery period. Each party will be allowed to ask up to 20 written interrogatories, including subparts, to propound up to 20 requests for production of documents or other tangible things, and to take a total of no more than ten hours of depositions. The parties may interview and discuss matters with witnesses.

16.7 RELATIONSHIP.

No agency, partnership, joint venture, or employment is created as a result of these Website Terms, and You do not have any authority of any kind to bind Company in any respect whatsoever.

16.8 INTERPRETATION.

In the interpretation of these Website Terms, except where the context otherwise requires, (i) “including” or “include” does not denote or imply any limitation, (ii) “or” has the inclusive meaning “and/or,” (iii) “and/or” means “or” and is used for emphasis only, (iv) “$” refers to United States dollars, (v) the singular includes the plural, and vice versa, and each gender includes each other gender, (vi) captions or headings are only for reference and are not to be considered in interpreting these Website Terms, and (vii) “Section” refers to a section of these Website Terms, unless otherwise stated in these Website Terms.

16.9 SURVIVAL.

This Section 16 and Sections 4.1, 5, 6, 7, 8, 10.2, 12, 13, 14, and 15 shall survival termination of these Website Terms and/or Your right to access or use the Website, the Services, and the Content.