Terms and conditions
Last update: 13/03/2018
These Terms and Conditions govern your use of the emailurgency.com web site (hereinafter the "Website"). By accessing the
Website, you, on behalf of yourself and your applicable affiliates (hereinafter "Customer" and "you") are acknowledging
and accepting these Terms and Conditions. These Terms and Conditions are subject to change by Traction Management s.r.l., a sole
prioprietor having offices in Rome, Italy (hereinafter "COMPANY") at any time and at our discretion without notice.
Your use of the Website after any changes are implemented constitutes your acceptance of the changes. As a result, we
encourage you to consult the Terms and Conditions each time you use the Website. Please read carefully, and note our
MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
1. REFUND AND CANCELLATION POLICIES
1.1. On All Emailurgency Subscriptions: If you’d like to cancel your subscription, you can do so at any time, and we’ll cancel
any upcoming charges from your card. Unfortunately, we cannot refund any monthly payments that have already taken place.
After cancellation, you’ll lose access to some features that were previously available to you. If you have any questions
about our Refunds Policy, or have a specific query, please contact us first before opening a chargeback case. You can
reach us here: firstname.lastname@example.org
As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Affiliate means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is
under common control with such party, where "control" means the power, directly or indirectly, to direct, or to cause
the direction of, the management and policies of an entity, whether through majority ownership of voting securities or
2.2. Customer Content means any files, documents and other information belonging to Customer or users as uploaded to
Customer’s Service account for storage and/or sharing with third parties, and is not related to COMPANY servicing or
accessing Customer’s account.
2.3. Effective Date means the earlier of the date (i) Customer submits the initial Order, or (ii) as stated on the
signature block of the Order.
2.4. Order or Services Order means any initial or subsequent ordering document and/or online request for access to the
Services submitted to COMPANY, an authorized reseller of COMPANY and/or through COMPANY’s product websites.
2.5. Services means the generally available software-as-a-service offerings of COMPANY ("SaaS Services"), as further
described in the Service Descriptions. COMPANY may update the Services at any time and all Services set forth in the
Service Descriptions may not be available to all Customers. The Services are for professional/business use only.
2.6. Service Descriptions means the overview and other terms applicable to the Services, as amended from time to time,
and found at Service Descriptions.
2.7. Updates means any corrections, bug fixes, new features or functions added to the Services, but shall not include
any new versions that COMPANY markets and sells separately.
3.1. Right To Agree To Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3.2. Right to Use Service. Subject to these Terms and Conditions, COMPANY will provide the Services set forth in the
Order for Customer’s use in accordance with these Terms and Conditions and applicable Use Levels. COMPANY hereby grants
to Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable right to use any components as may
be required to access and use the Services. Customer agrees to use the Services in accordance with the COMPANY’s Privacy
Policy, a link to which may be found on the webpage for the applicable service and in the applicable Service Description
viewed at www.emailurgency.com. Technical support for the Services is provided as set forth in the applicable Service
Description. Customer agrees to use the Services for professional or business use. COMPANY reserves the right to Update
the Services at its discretion. Updates to the Services are included in the Fees and Customer agrees to use the most
current version of the Service.
3.3. Limitations on Use. Except to the extent permitted by applicable law, Customer agrees, on behalf of itself and its
users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble,
decompile or attempt to decipher any code relating to the Services and/or COMPANY’s technology; (ii) knowingly or
negligently access or use the Services in a manner that abuses or disrupts the COMPANY’s networks, security systems,
user accounts, or Services of COMPANY or any third party, or attempt to gain unauthorized access to any of the above
through unauthorized means, (iii) transmit through or post on the Services any material that is deemed abusive,
harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv) market, offer to sell,
and/or resell the Services to any unauthorized third party; (v) use the Services in violation of COMPANY policies,
applicable laws, ordinances or regulations; (vi) use the Services to send unsolicited or unauthorized advertising, junk
mail, or spam; (vii) harvest, collect, or gather information or data regarding other users without their consent; (viii)
transmit through or post on the Services any material that may infringe the intellectual property rights or other rights
of third parties, including trademark, copyright, data privacy or right of publicity; (ix) transmit or post on the
Services any material that contains software viruses or other harmful or deleterious computer code, files or programs;
(x) use the Services directly or indirectly for competitive benchmarking or other competitive analysis if Customer is a
direct competitor of the applicable Service; (xi) submit to, or store in the Services, any Protected Health Information
("PHI") unless Customer has complied with the section entitled "Customer Content / Customer Accounts / Conduct" below;
or (xii) make any representations with respect to COMPANY or these Terms and Conditions (including, without limitation,
that COMPANY is a warrantor or co-seller of any of Customer’s products and/or services). COMPANY shall have sole and
exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
3.4. Proprietary Rights. Except for the limited subscription rights granted herein, Customer has no right, title or
interest in or to the COMPANY Marks or Services or any components provided by COMPANY in connection with the Services or
any intellectual property rights related thereto. Customer acknowledges that COMPANY or its licensors retain all
proprietary right, title and interest in and to, or practiced in connection with, the COMPANY Marks and the Services and
any components, including, without limitation, all modifications, enhancements, derivative works, configuration,
translations, upgrades and interfaces thereto.
3.5. COMPANY’s Marks. Unless expressly authorized under the terms of this Agreement, Customer agrees that it shall not
use, register or apply for registration of any trademark, service mark, business name, company/trade name, domain name
or social media account name or handle which is comprised of or incorporates in whole or in part any Mark of COMPANY, or
is otherwise confusingly similar to a Mark of COMPANY. In the event of any breach of this provision, Customer agrees
that it will do all things necessary to effect the transfer of any such same or similar trademark, service mark,
business name, company/trade name, domain name or social media account name or handle to COMPANY, including but not
limited to executing assignment documentation. Except as expressly granted herein, no license regarding the use of
COMPANY’s copyrights, patents, trademarks, service marks or company/trade names is granted or will be implied. For any
authorized use of the COMPANY’s Marks, Customer represents that it has reviewed and will adhere to COMPANY’s Trademark &
Copyright Guidelines, and incorporated herein by reference and as may be periodically updated by COMPANY. As noted
above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the
Website is strictly prohibited without the express written permission of COMPANY. For information on requesting such
permission, please contact us using the contact information listed in the section entitled "Contacting Us".
4. ORDERS, FEES AND PAYMENT
4.1. Orders. Customer may order Services using the COMPANY’s then-current ordering processes. All Orders are subject to
acceptance by COMPANY in its discretion. All Customer information provided by or on behalf of Customer must be current,
complete and accurate and Customer is responsible for keeping such information updated. Order information is subject to
automatic processing by COMPANY for the purposes of managing Customer’s account.
4.2. Fees and Payment. Customer is responsible for all fees applicable to the Services, including any one-time
implementation fees ("Fees"). All Fees are due and payable as set forth on the invoice and, unless otherwise agreed in
writing, payments are due thirty (30) days from the invoice date. Customer agrees to notify COMPANY of any fee dispute
within fifteen (15) days of the invoice date and Customer agrees to work in good faith to promptly resolve any dispute
and pay fees within fifteen (15) days following resolution of the dispute. When applicable, Customer authorizes COMPANY
(i) to take steps to determine whether a debit/credit card number provided is valid, and (ii) charge such card in
accordance with the billing frequency specified in the Order. COMPANY reserves the right to terminate its agreement with
Customer immediately in the event any payment information is found at any time to be inaccurate, incomplete and/or not
current. COMPANY shall not be responsible for any overdraft charges or other fees that may be incurred due to COMPANY
use of Customer’s card for payment hereunder. COMPANY will not agree to submit invoices via a customer procurement to
pay online portal and/or Electronic Data Interchange (EDI) Portals. COMPANY reserves the right to update the price for
Services at any time after the Initial Term. COMPANY will notify Customer of any price changes by publishing on its
website, emailing, quoting or invoicing Customer. Price changes will be effective as of the next billing cycle.
4.3. Additional Services. Customer may order additional Services at any time. Unless otherwise agreed in the applicable
Order, any additional Services ordered by Customer following the Effective Date are subject to these Terms and
Conditions, and shall be coterminous with the Terms and Conditions for existing Services.
4.4. Late Payments. COMPANY reserves the right, in its discretion, to (i) suspend or terminate the Services or any
portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from delinquent
accounts. Customer agrees to reimburse COMPANY for all reasonable costs and expenses incurred in collecting delinquent
4.5. Taxes and Withholding. Customer shall be responsible for all applicable taxes (including but not limited to
withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), tariffs, Universal
Services Fund (USF) fees (if applicable to the Audio Services only) and/or duties) (collectively, "Taxes") imposed by
any government entity or collecting agency based on the Services, except those Taxes based on COMPANY net income, and/or
those Taxes for which Customer has provided a certificate confirming Customer is otherwise exempt. If Customer fails to
satisfy its Tax obligations herein, Customer agrees to reimburse COMPANY for any Taxes paid on Customer’s behalf and
indemnify and hold COMPANY harmless against any claim, liability and/or penalties resulting therefrom.
5. CUSTOMER CONTENT / CUSTOMER ACCOUNTS / CONDUCT 5.1. Customer Content. Customer retains all rights to any and all of
its Customer Content and COMPANY shall not own or license any data, content, information or material in such Customer
Content. Each party shall apply reasonable technical, organizational and administrative security measures to keep
Customer Content protected in accordance with industry standards, and Customer shall retain a current copy of Customer
Content outside the Services. COMPANY will not monitor Customer’s or its user’s use of the Services, and COMPANY will
not view, access or process any Customer Content, except: (i) for the sole purpose of providing the Services, (ii) as
directed or instructed by Customer and its users, and/or (iii) for compliance with COMPANY policies, applicable law,
regulation, or governmental request. Customer shall comply with all intellectual property laws related to the Customer
Content and legal duties applicable to Customer as a data controller by virtue of the submission or storage of Customer
Content within the Services, including providing all information or notices Customer is required by law to provide to
users and obtain consent of the users, where required.
5.2. Customer Accounts. Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii)
the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect
to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining
the confidentiality of Customer’s accounts, user id’s, conference codes, passwords and personal identification numbers
used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. COMPANY reserves the
right to suspend the Services or terminate its agreement with Customer if Customer misuses or otherwise shares login
information among users. Customer will notify COMPANY immediately of any unauthorized use of its account or any other
breach of security. COMPANY will not be liable for any loss that Customer may incur as a result of a third party using
its password or account, and Customer may be held liable for any such losses incurred by COMPANY and/or another party.
COMPANY reserves the right to review Customer’s account to confirm compliance with applicable Use Levels, and to
terminate or suspend Customer’s access for overuse and/or misuse. Customer agrees to pay for any overage in excess of
permitted Use Levels.
5.3. We reserve the right to discontinue or modify without notice or liability, any portion of the Website.
5.4. You affirm, represent, and warrant that your participation on the Website and the content you submit does not
relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that
content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to
make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate
your account without prior notice for a violation of this provision.
5.5. You understand and agree to not place an unreasonable burden on the server hosting the Website, Services, or any
related membership site, to not interfere with the running of the Website and to not attempt unauthorized access to any
portion of the Website.
5.6. You understand and agree not to provide false information about yourself, to impersonate another individual or
provide misleading or false content.
5.7. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or
services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without
compensation to you.
7. THIRD PARTY REFERENCES / HYPERLINKS
The Website may link you to other sites on the Internet. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge
that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with
8. CONTACTING US
If you need to contact us, you can email us
9. COMPLIANCE WITH LAWS
In connection with the performance, access and use of the Services under these Terms and Conditions, COMPANY and
Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and
import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons
and/or participants with all information or notices Customer is required by applicable privacy and data protection laws
to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required.
Notwithstanding any other provision in these Terms and Conditions, COMPANY shall have the right to immediately terminate
its agreement with Customer for noncompliance with applicable laws.
10. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE
"CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR
RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or
corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content
delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract,
warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose
license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the
potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in
this section are integral to the amount of consideration levied in connection with the Website and any services rendered
hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration
would of necessity be set substantially higher.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless,
and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including
attorney’s fees, that arise from your misuse of the Website or Services.
13. ADDITIONAL TERMS
13.1. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright
infringement, Customer shall notify COMPANY at email@example.com, and provide all of the following information, as
required by the Digital Millennium Copyright Act ("DMCA"): (i) a statement that Customer has identified content in the
Services that infringes a copyright of a third party for whom Customer is authorized to act; (ii) a description of the
copyrighted work Customer claims has been infringed; (iii) a specific description of where the allegedly infringing
material is located in the Services, including a URL or exact description of the content's location; (iv) Customer’s
name, address, telephone number, and e-mail address; (v) a statement that Customer has a good faith belief that the
disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a
fair use); (vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that
Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and(vii)
Customer’s electronic or scanned physical signature. COMPANY reserves the right to delete or disable allegedly
infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the
copyright-infringement notice to the user who allegedly provided the infringing content.
use of the Services and the Website. COMPANY does not store passwords or any other Customer personal information in the
cookies, and COMPANY does not sell, trade or rent any Customer personal information to unaffiliated third parties. More
13.3. Suspension of Service. COMPANY may temporarily suspend the Services if COMPANY determines, in its sole discretion,
that continued provision would compromise the security of the Services due to, without limitation, hacking attempts,
denial of service attacks, mail bombs or other malicious activities, and COMPANY will take action to promptly resolve
any such security issues. COMPANY agrees to notify Customer of any such suspension and subsequent reactivation of the
13.4. Assignment. Neither party may assign its rights or delegate its duties under these Terms and Conditions either in
whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that
either party may assign these Terms and Conditions as part of a corporate reorganization, consolidation, merger, or sale
of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These Terms and
Conditions will bind and inure to the benefit of each party’s successors or assigns.
13.5. Notices. All legal notices required under these Terms and Conditions shall be in writing and delivered in person
or by certified or registered express mail to the address last designated on the account for Customer, and the COMPANY
contracting entity as specified below, or such other address as either party may specify by notice to the other party as
provided herein. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email,
upon confirmation of receipt; or (iii)five (5) days after deposit in the mail. Non-legal notices may be provided to the
email address specified on the applicable Order and shall be deemed effective on the next business day following the
date and time stamp on the sender’s email. COMPANY may also provide Customer with notice postings on the COMPANY
13.6. Entire Agreement; Order of Precedence. These Terms and Conditions set forth the entire agreement and understanding
of the parties relating to the Services and supersedes all prior and contemporaneous oral and written agreements. For
any conflict between an executed Order, these Terms and Conditions and the Service Descriptions, the conflict shall be
resolved in that order, but only for the specific Services described in the applicable Order. For any conflict between
these Terms and Conditions and any BAA, these Terms and Conditions shall control. Nothing contained in any document
submitted by Customer shall in any way add to or otherwise modify these Terms and Conditions or COMPANY’s program terms.
These Terms and Conditions may be updated by COMPANY from time to time without notice (but will be identified by the
last updated date) and may be reviewed at Terms of Service. Customer’s continued access to and use of the Service
constitutes acceptance of the then-current Terms and Conditions.
13.7. General Terms. Captions and headings are used herein for convenience only, are not a part of these Terms and
Conditions, and shall not be used in interpreting or construing these Terms and Conditions. If any provision of these
Terms and Conditions is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such
provision shall be severed from these Terms and Conditions and the other provisions shall remain in full force and
effect. The parties are independent contractors and nothing in these Terms and Conditions creates a partnership,
franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity
not a party to these Terms and Conditions will be deemed to be a third party beneficiary of these Terms and Conditions
or any provision hereof. COMPANY authorized resellers and distributors do not have the right to make modifications to
these Terms and Conditions or to make any additional representations, commitments, or warranties binding on COMPANY. No
waiver or amendment of any term or condition of these Terms and Conditions shall be valid or binding on any party unless
agreed to in writing by COMPANY or Customer. COMPANY failure to enforce any term of these Terms and Conditions will not
be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are
cumulative. These Terms and Conditions may be agreed to online, or executed by electronic signature and in one or more
counterparts. No party will be responsible for any delay, interruption or other failure to perform under these Terms and
Conditions due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such
conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local
exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of
13.8 Products Description. We endeavor to describe and display the Site as accurately as possible. While we try to be as
clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or
error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or
cancel any order with an incorrect price listing.
14. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect
to the Website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to the
Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy. You hereby consent
to binding arbitration in Italy (Tribunale di Trani) to resolve any disputes arising under this Terms and Conditions.
16. ARBITRATION OF DISPUTES
(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of the Website
or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration
provision, shall be decided by neutral, binding arbitration conducted in Dallas County, Texas. The arbitrator shall be a
retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter
of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the
substantive laws of Dallas County, Texas. In all other respects, the arbitration shall be conducted in accordance with
the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited
discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THE WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE
17. CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST BE
ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR
LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL
18. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of the Website or these Terms and Conditions,
including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall
be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and
experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable
attorneys’ fees, costs and expenses upon appeal).