As of January 1, 2023
Acceptance of Terms
Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights (collectively, “Intellectual Property”). You agree to abide by laws regarding ownership and use of Intellectual Property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.
Company reserves the right to terminate your use of the Service and/or the Site at any time.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISING OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Company’s Proprietary Rights; Limited License
All contents of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international Intellectual Property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using this Site. Any use of Company Content or this Site other than for the express services provided, including but not limited to copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.
Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Service on a single computer; provided, however that you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A.
You agree that any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) (“Dispute”) against the Company, its officers, directors, employees, agents, licensors, suppliers, successors, assigns or affiliates (collectively for purposes of this paragraph, “COMPANY PARTIES“) arising from or relating to this Website, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Website (including, to the full extent permitted by applicable law, relationships with third parties who are not visitors to this Website), the COMPANY PARTIES’ advertising, any related purchase, including the validity of this arbitration clause, unless resolved in writing by negotiation or mediation, shall be resolved exclusively and finally by binding arbitration before a single arbitrator in Fresno, California U.S.A., in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”).
No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) business days after a notice of dispute was provided to any party or such longer period as may be agreed by the parties in writing. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Notwithstanding any contrary rules promulgated by the AAA, the following shall apply to all Arbitration actions:
The Federal Rules of Evidence shall apply in all cases;
The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
The arbitration shall occur within one hundred-twenty (120) days from the date on which the arbitrator is appointed, and shall last no more than five (5) business days;
The parties shall be allotted equal time to present their respective cases, including cross-examinations.
The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Website, or to rule upon or grant any extension, renewal or continuance of any provisions of the Website.
Moreover, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.
All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any AAA employee or contractor, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.
The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by You, on the one hand, and the COMPANY PARTIES, on the other.
The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.
Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of California.
The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction in the State of California, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
The prevailing party in any proceeding enforcing the provisions of this Section shall be entitled to recover from the other party the reasonable attorneys’ fees and costs incurred by the petitioning party in obtaining the requested relief.
If any portion of this Section is held to be unenforceable for any reason, the remainder shall remain in full force and effect.
Nothing in this Section shall preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a preliminary injunction, or an order of attachment, either prior to or during negotiation, mediation or arbitration.
Class Action Waiver
You understand and agree that You will waive your right to have a dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in this Website or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.
Trademarks; No License
The Company’s logo, trade marks and service marks and other logos and product and service names are trademarks of Company (the “Company Marks”). Nothing contained on the Site should be understood as granting you a license to use any of the Company Marks, or the marks of any third party. Without Company’s prior written permission, you agree not to display or use in any manner the Company Marks or the marks of any third party on this Site.
Statute of Limitations
If you have any questions regarding ERI’s Return Policy, please e-mail us at firstname.lastname@example.org. Please allow 48-72 hours for our Support Team to respond to your request.