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Last updated: July 4, 2021 .

IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

1. GENERAL
Welcome to the website ("Site") of Fruit4Office, LLC (“we”, “us”, “our” or “Fruit4Office”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program described at the end of these Terms. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).

We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.

We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are over 18 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

2. FRUIT4OFFICE ACCOUNT
You may be required to create an account to use some of the features of the Site. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at info@fruit4office.com and to change your password. You may not transfer your account to anyone else without our prior written permission.

3. PRIVACY POLICY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or our Products, you acknowledge that you have read and agree to the Privacy Policy.

4. NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime--including starting on a Fruit4office subscription program or using Fruit4office Products.

By using Frui4office Products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.

We do not claim our fruit basket program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product frui4office offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Fruit4office should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Fruit4office on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.

Our program is not intended for people with severe allergies. Our facilities process and may use nuts. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.

5. PRICING AND AVAILABILITY
All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide our existing subscribers with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your subscription meals or products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these Terms.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, to limit the sales of our Products to any person, geographic region or jurisdiction and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice.

We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@fruit4office.com. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.

Most Fruit4offfice Products and services displayed at the Site are available only via online request in the United States while supplies last. Fruit4offfice does not ship internationally. In the case of international deliveries via third-party services, Fruit4offfice shall not be responsible or be held liable for delivery or use of the products once Fruit4offfice has delivered to the specified U.S. destination.

All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue our Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Products. Any offer for any Product or service made on this Site is void where prohibited.

6. PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Fruit4offfice Product or program. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a fruit basket program subscription, you acknowledge and authorize Fruit4offfice to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”

7. PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per Order. Promotion or discount codes may be used on already discounted programs; however, we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for cancelling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of Fruit4offfice, carry specific terms, conditions, and restrictions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.

Through our referral program, we offer you the opportunity to receive a $36 discount off your next Order for each new client that you refer to us who completes an Order of a fruit basket delivery program. We also offer a $36 discount to each new client that you are referring, valid only on their first order. Please note that in order for you and the new client to be eligible to receive the discount, they must be a new client (have not ordered any meals or products from Fruit4offfice before), they must place an Order for $72 or more, and they must order using the appropriate discount code and through your shared URL links. Once they place their eligible Order, you will receive an email with a $36 discount credit, valid on our fruit basket delivery programs, meeting the aforementioned requirements.

8. CONTINUOUS SUBSCRIPTIONS
WHEN YOU REGISTER FOR A FRUIT BASKET PROGRAM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) FRUIT4OFFICE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL PROGRAM SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL PROGRAM SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR FRUIT BASKET PROGRAM SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL PROGRAM ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE NOTIFYING INFO@FRUIT4OFFICE.COM PRIOR TO SCHEDULED DELIVERY.

9. CANCELLATION OF SUBSCRIPTION
YOU MAY CANCEL YOUR FRUIT BASKET PROGRAM SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR FRUIT4OFFICE TEAM, AT INFO@FRUIT4OFFICE.COM. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY WEDNESDAY AT MIDNIGHT EST THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY FRUITBASKET ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL PROGRAM SUBSCRIPTION.

Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program, with the exception of your first week’s Order, which cannot be cancelled. If you need to make changes to your first week, you must email info@fruit4office.com before Wednesday at midnight EST the week prior to request the change.

10. SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third-party courier. When you purchase a fruit basket delivery program or product from fruit4office, shipping and delivery times shown on the Site are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.

11. DELIVERY LOGISTICS
Current Delivery Area

We strive to deliver to all 48 contiguous states in the U.S.

We ask that you leave detailed delivery instructions when checking out for your fruit basket program. For example:


Delivery Schedule
We will notify you via email should there be a change in delivery schedule, including due to holidays.

12. DELIVERY DISCLAIMER
Fruit4office is not responsible for failed deliveries due to incorrect or incomplete addresses.

All Fruit4office fruit baskets should be kept in cool areas and freshness cannot be guaranteed past the 4th day from receipt. It is up to the client to maintain freshness once received. Our fruits are packaged in baskets. Since all of our food is fresh and perishable, we recommend consumption within 5 days of delivery. By receiving Fruit baskets you understand that fruits are perishable. Even though we check our baskets and try to use the highest quality of fruits. There may be occasions that fruits do not arrive perfect, we will be happy to substitute any fruit in the basket that may have gone bad. Meanwhile, Fruit4office is not responsible for any food or fruits that has not been properly stored or been reported to us upon delivery.

In certain areas, you may be able to provide additional delivery instructions when setting up your account or placing your Order, such as requesting that your delivery be left with a doorman, reception, security, loading dock or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We will do our best to deliver your fruit baskets to you in accordance with your specifications. However, if you or representative are not home or at the office to receive the delivery, our team will leave your basket according to your delivery instructions or in the safest available spot. fruit4office is not responsible for replacing programs once delivered, in the event that you are not home or at the office and the delivery is taken.

Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.

Fruit4office is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Fruit4office or its delivery personnel cannot be provided.

13. FRUIT BASKET PROGRAM AND DELIVERY MODIFICATIONS
If you are traveling or offices are closed, you can reschedule your deliveries by signing into your account, or emailing us at info@fruit4office.com for help. Because all fruit basket programs are made to order, we require that you let us know by Wednesday at midnight EST of any changes to be made for programs beginning the following week, including but not limited to paused delivery, delivery address changes, allergy changes, and delivery window changes.

14. WEATHER & TRAFFIC ALLOWANCES
Our delivery partners do their best to get your food to you on time so you may enjoy it at its freshest. Still, they run into delays due to weather, traffic, and other factors that are outside of their control. We cannot guarantee delivery within your selected time slot.

In instances of inclement weather, we reserve the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible and your fruit basket program will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.

As both traffic and weather are outside of Fruit4office’s control, cash refunds will not be issued for affected Orders.

15. RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
Since our products are handcrafted and made-to-order with fresh fruits and ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact our Fruit4office Team (info@fruit4office.com). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the fruits or products, provide you with a full or partial refund for the purchase price of that fruits or products, or provide you with a credit for that fruit or product that will be automatically applied to future deliveries under your fruit basket program subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future Order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at info@fruit4office.com for help.

Refunds will not be issued for delays that are the result of factors outside fruit4office's control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically added to the end of your program. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.

16. DISCLAIMER OF WARRANTIES
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL FRUIT4OFFICE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT FRUIT4OFFICE IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO FRUIT4OFFICE IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF FRUIT4OFFICE FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY SAKARA’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY FRUIT4OFFICE’S FRAUD OR FRAUDULENT MISREPRESENTATION.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FRUIT4OFFICE AND YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT SAKARA’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM FRUIT4OFFICE’S OWN INTENTIONAL OR RECKLESS CONDUCT.

18. INDEMNIFICATION
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless Fruit4office and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Fruit4office reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fruit4office in asserting any available defenses. This provision does not require you to indemnify Fruit4office for any unconscionable commercial practice by Fruit4office or for Fruit4office 's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Products.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Fruit4office and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

19. SITE CONTENTS
Unless otherwise noted, all materials, including text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned or controlled by Fruit4office its subsidiaries and/or affiliates, its licensors or other content providers. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to are owned by Fruit4office. Fruit4office may prosecute infringement to the fullest extent permitted under applicable law.

Your access to and use of the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Fruit4office, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Fruit4office neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Downloading or copying the Site (including the Content) for other than personal use is expressly prohibited without the prior written permission of Fruit4office or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Site (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Fruit4office. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

All software used on the Site is the property of Fruit4office or our licensors and protected by United States and international copyright laws. Subject to these Terms, Fruit4office hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Site for your personal, noncommercial use only. This license does not include: (i) any resale or commercial use of the Site; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site, in whole or in part.

Without Fruit4offices prior permission, you agree not to display or use in any manner the Fruit4office marks.

20. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. Fruit4office is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Fruit4office or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Fruit4office may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

21. SAKARA COMMUNICATIONS TO YOU

You agree that Fruit4office may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about any Fruit4office Product, or for such other purpose(s) as Fruit4office deems appropriate. You have the option to opt-out of marketing communications.

Fruit4office may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

If you would like to receive marketing via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you’ve provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Fruit4office marketing text list, you must reply “STOP”, “UNSUBSCRIBE”, “CANCEL”, “END”, “QUIT”, or “STOPALL” to any mobile message. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Fruit4office may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with Fruit4office or its agents for quality control and training purposes, or for our own protection.

22. IMAGES
The images and colors displayed on the Site do not necessarily represent or depict actual fruit basket programs or food offered by Fruit4office. Products and Fruit basket programs are subject to change without notice.

23. RESTRICTIONS ON ACCESS AND USE
You agree to use the Site for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable policies and all laws that apply to you. If your use of the Site (including a purchase of any items on the Site) is prohibited by any applicable laws, then you aren’t authorized to use the Site. We are not responsible if you use the Site in a way that breaks the law.

You must not create multiple accounts and you must not let others use your account. You’re responsible for any activity associated with your account.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

When accessing or using the Site, you agree to:

Abide by all laws, rules, regulations, these Terms, and all Fruit4office policies;
Only purchase items you are legally able to purchase in your jurisdiction;
Only use (or attempt to use) the Site through interfaces provided by Fruit4office; and
Comply with the instructions in any robots.txt file present on the Site.


When accessing or using the Site, you agree not to:

We reserve the right to terminate your use of the Site or any related website or service for violating any of the prohibited uses or these Terms.

24. LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Fruit4office does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Fruit4office is not responsible and shall not be held liable for the use of any such outside service or resource.

25. INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order).

Fruit4office does not warrant that information made available on this Site is accurate, complete, reliable, error-free or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

26. TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site and Products, or when you cease using our Site and Products. We are also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Fruit4office for items purchased will remain due.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.

27. NO THIRD-PARTY BENEFICIARIES
These Terms are not enforceable by or for the benefit of any third party.

28. ARBITRATION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH SAKARA AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

YOU AND SAKARA AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE, THE PROGRAM, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, AS DETAILED BELOW.

You and Fruit4office agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

Disputes. "Disputes" shall include, but are not limited to, any claims or controversies between you and Fruit4office against each other related in any way to or arising out of in any way from the Site, the Products, the Program or the Content including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Fruit4office, even if the claim arises after you or Fruit4office has terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to: (a) claims that you bring against our employees, agents, affiliates, or other representatives; (b) claims that Fruit4office brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Fruit4office, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Fruit4office; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. “Disputes” does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets, claims of piracy or unauthorized use of intellectual property (collectively, “intellectual property claims”).

Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our support department at info@fruit4office.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our [support department], and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration Process and Procedure. Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York. Fruit4office and you further agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

To begin an arbitration proceeding, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018; and (c) send one copy of the Demand for Arbitration to Fruit4office at 708 Hartle street, Sayraville, New Jersey 08872

The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Arbitration Agreement, the rules set forth in this Arbitration Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fruit4office will pay the additional cost. Fruit4office shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Fruit4office is specifically required to pay such fees under applicable law.

If Fruit4office's or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

You or Fruit4office may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Fruit4office otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g., non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Fruit4office with advance notice by email to info@fruit4office.com and by mail to Fruit4office at 708 Hartle street, Sayraville, New Jersey 08872.

These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Fruit4office on your behalf.

Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable or whether any claims are not subject to arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Fruit4office. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND FRUIT4OFFICE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fruit4office are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to info@fruit4office.com and to: Fruit4office at 708 Hartle street, Sayraville, New Jersey 08872

within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

Parents, Subsidiaries, Affiliates. This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Fruit4office, or any employee, officer, director, or investor of Fruit4office, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, the provision of content, products, services, and/or technology on or through the Site, or the provision of the Program.

Changes to this Section. Fruit4office will provide thirty (30) days’ notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection titled "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Action Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Site.

Severability. Subject to the section titled "Class Action Waiver," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Fruit4office.

29. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Fruit4office and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Sakara and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. If an arbitrator or a court determines that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then the portion of the claim seeking that remedy (and only that portion of the claim) must be severed from the arbitration and may be brought in court. All other claims shall remain subject to arbitration solely on an individual basis.

The arbitrator cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Fruit4office users, and cannot be used to decide other disputes with other users.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.

If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Fruit4office, or any employee, officer, director, or investor of Fruit4office, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

This Class Action Waiver Section shall survive any termination of your account or the Site.

30. MISCELLANEOUS
Electronic Communications. You agree to receive communications from Fruit4office electronically, such as emails, texts, or notices and messages on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Fruit4office provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Fruit4office’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Force Majeure. Fruit4office shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Choice of Law. These Terms and any dispute of any sort that might arise between you and Fruit4office will be interpreted in accordance with the law of the State of New York and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.

Exclusive Venue. Any claim or dispute that between you and Fruit4office that arises out of or is related to the Site or the Products and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in New York, New York, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York, New York.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

Notice. Where Fruit4office requires that you provide an email address, you are responsible for providing Fruit4office with your most current email address. In the event that the last email address you provided to Fruit4office is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Fruit4office’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Fruit4office at the following address: Fruit4office at 708 Hartle street, Sayraville, New Jersey 08872. Such notice shall be deemed given when received by Fruit4office by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Export Control. You may not use, export, import, or transfer the Site or the Products except as authorized by U.S. law, the laws of the jurisdiction in which you used the Site or purchased any Products on the Site, and any other applicable laws. In particular, but without limitation, the Site, including any Products purchased on the Site, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site or purchasing or using Products on the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or the Products purchased on the Site for any purpose prohibited by U.S. law.

Entire Agreement. These Terms and any policies or operating rules posted by us through the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Severability. Subject to the section titled “Arbitration,” in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.