Terms and Conditions

Introduction: Robert Talbott Enterprises LLC (hereinafter referred to as the “Company,” “It” (or “Its”), “We,” or “Our”), as a convenience to you, grants you access to its website, accessible via roberttalbott.com, and its subdomains (collectively, the "Site"), and use of its applications (hereinafter referred to as the “Apps”), conditioned on your acceptance of the terms, conditions, and notices contained herein (the "Terms of Use") (together with our cookie policy, privacy policy, terms of sale and any other documents referred to herein). For the purposes of these Terms of Use, "content" (referred to herein as “Content”) means any text, images, graphics, software, source code, app, specification, audio file, video, article, trademark, logo, and other information or content available through our Site that are not “submissions” (as that term is defined below), including but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

1. Acceptance of Terms.

Please read these Terms of Use and the Company’s Privacy Policy carefully. By using the Site and Apps on any computer, mobile phone, tablet, console or other devices, you implicitly agree to these Terms of Use, and you consent to the collection, use, and disclosure of information as described in these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the terms and conditions of our Privacy Policy, you should exit the site immediately and discontinue any use of our Site, Apps, and any of their content.

But, be advised that if you do not agree to these Terms of Use or to our Privacy Policy, then you will not be able to download and use the apps. Your use of the Site and Apps shall be deemed to be your agreement to abide by each of the terms set forth below.

Be advised, furthermore, that the Company may change these Terms of Use at any time by posting updates on its site or by sending registered users an email notice of the changes. If any change in our Terms of Use is unacceptable to you, you should cease using the Site and Apps. If you do not cease using the Site and Apps, you will be deemed to have accepted the change in question.

Be on notice that these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, the Company’s use of any personal identifiable information (name, address, credit card information, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding the Company’s efforts to protect your personal information, please refer to the Privacy Policy.

You should review these Terms of Use regularly for updates of its language. Any changes to these Terms of Use shall be considered binding on you, should you, thereafter, continue to access the Site and Apps.

These Terms of Use were updated on February 24, 2023.

2. Use and Restrictions.

Registration and participation on this Site and use of its Apps is restricted to those individuals who are at least the age of majority in their place of residence and are legally able to enter into binding contracts, like these Terms of Use and contracts of sale incident to the purchasing of our products and services. By registering or participating in services or functions on this Site, you hereby represent that you are of the age of majority in your state or province of residence. If you are not of age, so called, a minor, then you may only use this Site with the permission of your legal parent or guardian, who must agree to abide by these Terms of Use on your behalf.

The Site and Apps are provided solely as a convenience to you for non-commercial use. You may access and use the Site and Apps only in accordance with all applicable laws and regulations and these Terms of Use.

You acknowledge and agree that should you breach the Terms of Use, or any other policy promulgated by the Company, or otherwise use the Site and Apps in violation of applicable law, the Company, in its sole discretion, and without further notice or any further obligation to you, may temporarily suspend or permanently discontinue your use of the Site and Apps and related company services. Among the prohibited actions, are the following: (a) reselling for commercial purposes products purchased by using our Site or Apps; (b) reselling or making commercial use of the Site or Apps or the Content thereof; (c) modifying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works of, transferring, or selling any Content; (d) collecting or using for commercial purposes any product listings or descriptions; (e) using any data mining, robots, or similar data gathering and extraction methods to glean any information from the Sites and Apps; (f) other than for your use of the Site and Apps as expressly permitted in these Terms of Use, accessing or attempting to access any systems or servers on which the Site and Apps are hosted or modifying or altering the Site and Apps in any way; (g) forging headers, creating a false identity or otherwise manipulating identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or obtained the Site or Apps; (h) using, framing, or utilizing framing techniques to enclose any of the Company’s trademarks, logos, or other proprietary information (including the images found on the Site and Apps, the content of any text or the layout/design of any page or form contained on a page) without the Company’s prior express written consent; or (i) using any meta tags or any other “hidden text” utilizing the Company’s name, trademark, or product name without the Company’s express written consent.

Any unauthorized use of the Site or Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site and Apps, and may precipitate on the part of the Company a legal action against you, or referral to government authorities for violating applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. The Sites, Apps, and Content Defined Herein are the Property of the Company.

The Content, Site, Apps, as well as the content and arrangement thereof, are the sole property of the Company and/or its licensors, are protected by patent, copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms of Use or with the Company’s express, prior written consent.

Other than granting you a license necessary for you to be able to use the Site and Apps in accordance with these Terms of Use, the Company grants no other privileges or rights in the Content to you. You should preserve “as is” all patent, copyright, trademark and other proprietary notices embedded in the Content. Any Content owned by the Company’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no Apps, Site, or Content or any portion thereof may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without the Company’s prior, written consent.

If you print, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site shall be deemed to have ceased immediately and you must, at Company’s option, return or destroy any copies of the prohibited materials you have in your possession, custody, or control. Notwithstanding the foregoing restriction, you shall be entitled to keep one copy of downloaded extracts of any page(s) from the site for your personal, non-commercial purposes. You must not modify the language or form of any original or digital copies of web pages or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Company’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.

4. Trademarks are Property of the Company.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site and Apps are proprietary to the Company or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Company, and you may not remove or otherwise modify any trademark notices embedded in any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are also considered property of the Company and protected under laws governing trademarks, service marks, trade names and/or trade dress of the Company or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

5. Copyright and Trademark Infringements.

The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances, and at its discretion, terminate your service and/or access to the Site and Apps if you infringe the intellectual property rights of others.

On the other hand, if you believe that your work has become the subject of copyright and/or trademark infringement and appears on our Site or Apps, please contact Company’s designated agent with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that, allegedly, has been infringed.

(b) Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

(c) Description of the infringing material that owner requests should be removed or access to which should be disabled, including information reasonably sufficient to permit Company to locate the material on its Site and Apps.

(d) Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

(f) A statement under penalty of perjury that information contained in the statement is accurate and that you are authorized to act on behalf of the owner of an exclusive right that allegedly has been or is being infringed.

The Company’s agent for notice of claims of intellectual property infringement concerning Content on our Site and Apps can be reached, as follows, by email: customercare@roberttalbott.com, Attn: Intellectual Property

Please also note that a person who knowingly materially misrepresents that a work has or is being infringed may be subject to liability under the U.S. Copyright Act.

6. Your Account.

There are three ways for customers to use our Site and Apps: (1) To purchase products and services pursuant to a Guest Account; (2) To purchase Products and Services pursuant to a Registered Account; and/or (3) participate in a discount program that provides customers the right to receive discounts on their first purchase in consideration for agreeing to receive our promotional advertising.

If you purchase our products and services pursuant to a Guest Account, which is automatically established for all purchasers, you will necessarily be providing to us the following personal Information: (i) name, (ii) address (billing and physical address); (iii) credit card, or bank routing and account information, or information pursuant to your having subscribed to a third-party payment service, (iv) cell phone/text number, and (v) email address. Pursuant to our Privacy Policy, we shall be responsible for safeguarding such Personal Information in accordance with prevailing law.

If you purchase products or services through a Registered Account that you will have the opportunity to open for yourself, you will be providing all the information that one would provide as a Guest Account holder, plus secure a password that would restrict access to your account to yourself. Registered Accounts, among other things, store information on purchasers to allow them to engage in swifter transactions by not requiring them to re-enter personal and financial data. Registered Account holders may also be offered special promotions and discounts. Although we shall be responsible for safeguarding your Personal Information as explained above, you shall be solely responsible for (i) maintaining the security and confidentiality of your account information and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your contact information listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services made through the use of the Site and Apps that occur under your Registered Account. We have the right to disable any account or password at any time and for any reason.

If you are neither a Guest making purchases nor a Registered Account holder but would like to participate in our discount program to receive discounts and other benefits when you do decide to make purchases over our Site and Apps, you understand and acknowledge that, in so doing, you are agreeing to receive our promotional advertising. The only Personal Information that is required to be given in order to be able to participate in our discount program would be your name, cell phone/text number, and email address.

Finally, you acknowledge and agree that the Company may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Site and Apps, and all information relating to the use of the Site and Apps under your account or account password if the Company is required to do so under applicable law, legal process, regulatory directive, or if the Company determines, in its sole discretion, that such action is necessary to protect its rights, the rights of third parties and other users of the Site and Apps, or for purposes of responding to your request for customer service. The Company’s right to disclose any such information under this section shall govern even if such disclosure would conflict with a term of our Privacy Policy.

7. Terms of Sale.

All online product sales shall be governed by the terms of sale that may be posted through our Site or Apps. You should refer to the relevant terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products procured through our Site and Apps, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Company’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of our Sites.

8. Electronic Communications.

You consent, based on the contact information you provide to us, to receiving electronic communications, including emails and texts from the Company, as well as communications posted to our Site and Apps (e.g., the Shopify App). You acknowledge and agree that any electronic communication in the form of such email, text, or posting shall satisfy any legal requirement that such communication be in writing.

You agree that Company may use and/or disclose information consistent with these Terms of Use and the Company’s Privacy Policy.

9. Submissions.

You acknowledge that you are responsible for any information you submit to us, including, but not limited to, payment and product purchase information, customer service requests, profiles, opinions, messages, comments, photos, videos, feedback on services or products, ideas, and any other content or material that you upload, post or otherwise make available on or through our Site and Apps (each a "Submission") and through the services available in connection with the Site and Apps, and that you, and not the Company, shall have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and protectability under applicable intellectual property law, e.g., patent, trademark, and/or copyright law.

Before making a Submission, you must ensure that you either own all intellectual property rights in the Submission or are otherwise in a position to grant a License (as defined below) to Company to use such Submission. You hereby represent and warrant that any Submission you post through our Site or Apps shall not violate, misappropriate, or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You, furthermore, agree to pay all royalties, fees, and any other monies owed as the result of a Submission posted to our Sites and warrant that you have the legal right and capacity to post such Submissions under applicable law.

Unless otherwise explicitly stated herein or in the Company’s Privacy Policy, you agree that any Submission provided by you in connection with the Site and Apps is provided on a non-proprietary and non-confidential basis.

You agree that Company is free to use a Submission for the purpose of providing you and others access to and use of its Site and Apps. Unless the rights in such Submission are assigned to the Company under these Terms of Use, you grant the Company a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known, or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant, and will cause such other person to grant, to Company a license to (in any media, whether now known, or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of the Company’s products and services (in any media, whether now known, or not currently known or invented). Submissions shall be considered non-confidential, and Company is under no obligation to treat such Submissions as proprietary information except pursuant to Company’s Privacy Policy applicable to Personal Information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

In addition, you represent and warrant the following, that: (i) you own all Submissions posted by you on or through the Site and Apps or otherwise have the right to grant a License to the Company as described in this section, (ii) your Submission is accurate and not misleading and (iii) the posting of your Submission on or through the Site and Apps shall not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay all royalties, fees, damages and any other monies owing to any person as the result of any Submission posted by you to or through the Site and Apps that violates this section.

When submitting Submissions to or otherwise using the Site, Apps and/or the services, you agree not to, without limitation:

(a) Use technology or other means to access the Site and Apps, or other content and such access has not been expressly authorized by the Company;

(b) Use a false e-mail address, impersonate any person or entity, or otherwise be misleading as to the origin of any content.

(c) Take any action that imposes, or may impose, in Company’s sole opinion, an unreasonably or disproportionately large load on Company’s web-infrastructure;

(d) Attempt to gain unauthorized access to Company’s computer network or user accounts;

(e) Aid and abet conduct that would constitute a criminal offense or give rise to civil liability;

(f) Attempt to damage, disable, overburden, or impair Company’s servers or networks;

(g) Fail to comply with applicable third-party terms;

(h) Defame, abuse, harass, stalk, troll, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(i) Use language that is racially, ethnically, or otherwise offensive;

(j) Use language to incite illegal activity;

(k) Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

(l) Post anything that exploits children or minors or that depicts cruelty to animals;

(m) Post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);

(n) Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation;

(o) Use any robot, spider, scraper or other automated means to access the Site or Apps; and

(p) Alter the opinions, goals, profiles or comments posted by others on the Site and Apps.

Be advised that this list provides examples of prohibited conduct and is not intended to be a complete or exhaustive list. Where, in its sole discretion, Company determines that you have violated this section or otherwise have engaged in inappropriate or disruptive conduct, it reserves the right to (a) terminate your use of our Site and Apps; (b) terminate your ability to post to the Site or Apps (or the services), (c) refuse, delete, modify, edit or remove any Submissions and/or (d) contact law enforcement authorities in connection with actions that may be illegal. When legally required, or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted through the Site, Apps, or via any other Internet site.

Company takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Company only serves as a forum and so shall not be liable for any statements, representations, or Submissions posted by its users in any public forum or personal home page.

The Company, furthermore, has no obligation to monitor, police or remove any Submissions or other information submitted by you or any other user.

Company prohibits crawling, scraping, caching or otherwise accessing by electronic means through its sites and apps any Content, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Company’s express consent).

It is not Company’s policy to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. As such, Company does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Company is free to use any such content, information, ideas, suggestions or other materials, for any purpose whatsoever, including, without limitation, developing and marketing products and services, without any liability or requirement to pay you any consideration therefor.

10. Modifications.

Any Content offered or posted on the Site and Apps is subject to modification or discontinuation at any time without notice or further obligation to you. Without limiting the foregoing, Company reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through its Site and Apps.

11. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Site and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental or quasi-governmental authority, including, without limitation, all regulatory, administrative and legislative authority; or (v) any misrepresentation made by you to the Company. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

12. Links to Third Party Websites.

The Site and Apps may contain links to third-party websites and other resources operated by parties other than the Company. Such links are provided solely as a convenience to you. It should be noted, in this regard, that Company does not control such websites, and is not responsible for the content, products, services or information offered by such sites. Moreover, the inclusion of links to such websites on the Site and Apps should not be construed as any endorsement of such websites or the content, products or services offered, advertised, endorsed or promoted by any third party (business entity or natural person). If you decide to access a third-party website via a link supplied by us or access such site having learned about it through our Site or Apps, and thereafter acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

13. Linking to the Sites.

You may link to our Site, provided you do so in a way that is legal and does not, among other things, damage our reputation, or the reputation of a third-party, or otherwise serves to mislead the public into believing that there is an association between you and us or that we endorse your products or services. You must not establish a link from any website that is not owned by you. Any link you make to our site shall be restricted to our home page. We reserve the right to withdraw linking permission without notice, for any or no reason. Finally, the website from which you are linking must also comply in all respects with these Terms of Use and applicable law.

14. Viruses, Hacking and Other Offences.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other similar such harmful and malicious features. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial or service attack or distributed denial or service attack. We will report any such breach of this section to the relevant law enforcements authorities, and we will co-operate with those authorities, including by disclosing your identity to them as may be allowable under applicable law. In the event of such a breach of this section by you, any rights you may have to use our Site, Apps, and services shall cease immediately.

We hereby disclaim liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful features that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or as the result of your downloading any material posted on it, or on any website linked to it.

15. Warranties and Disclaimer.

THE SITE, APPS, SUBMISSIONS, AND ANY OTHER CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO COMPANY THAT YOU WILL NOT USE THE SITE AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE

Nothing in these Terms of Use, however, shall affect your legal rights under applicable consumer laws.

IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. COMPANY THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY OF INFORMATION.

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Company disclaims any liability for these variants and deviations.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, COMPANY MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE THEREOF. IN SUCH EVENT, COMPANY WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASES.

16. Limitation of Liability.

SUBJECT TO THE MANDATES OF APPLICABLE LAW, COMPANY AND ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DIRECT DAMAGES SHALL BE LIMITED TO THE PRICE PAID BY YOU FOR THE PRODUCT OR SERVICE IN QUESTION.

17. Dispute Resolution.

To the maximum extent permitted by law, you and we agree that any and all disputes (hereinafter referred to as “Disputes”) will be resolved exclusively and finally using binding arbitration that will only be conducted on an individual basis and not in a class, consolidated, representative or similar action. There is no judge or jury in arbitration, the discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees).

Be on notice that unless stated otherwise herein accepting these Terms of Use constitutes a waiver of your right to litigate the Dispute in any court, the opportunity to be heard by a judge or jury, and the ability to proceed in a class, consolidated, representative or similar action.

A. Governing Law

Any Dispute arising under or related to these Terms of Use shall be construed and governed in accordance with the laws of the State of New York without application of New York’s conflict of law rules.

B. Claims Limitation Period

You agree that by using Company’s Site, Apps, or Services that any claim you may have arising out of or related to your relationship with Company must be filed within (1) one year after such claim arises or be considered, thereafter, permanently barred.

C. Pre-Arbitration Claim Resolution

Before you can commence any proceeding concerning a Dispute, you must first give us an opportunity to resolve the Dispute by hard copy or e-mail notification that contains the following information: (1) your name, (2) your address, (3) a written description of what constitutes the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may demand the Dispute is resolved by Arbitration, unless you have opted out of arbitration as provided under the “Right to Opt-Out” section described immediately below.

D. Right to Opt-Out

Notwithstanding the mandate to resolve disputes by arbitration, you may choose to pursue a Dispute in court and not by arbitration if you opt out of arbitration within 30 days from the date that you first consent to these Terms of Use (the “Opt-Out Deadline”). To opt out of arbitration, simply email us with the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Please be assured that any decision to opt out of arbitration will have no adverse effect on your relationship with us. Be advised that the Opt-Out Deadline cannot be modified or extended so that an Op-Out request received after the Opt-Out Deadline will not be valid and you will be required to pursue litigation of any Dispute in arbitration.

E. Arbitration Procedures

If the Dispute is not resolved as provided under Pre-Arbitration Claim Resolution, either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of the arbitration provisions contained in these Terms of Use.

The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms of Use govern in the event of any conflict with the applicable arbitration rules.

Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in the English language, be closed to the public, and shall be considered confidential. All related records shall be considered confidential and permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. In that event, the arbitrator shall apply applicable substantive law consistent with the FAA.

Notwithstanding the dispute resolution procedures described above, nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.

F. Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will render an award in writing but shall not be required to provide a statement of reasons unless requested by a party. An Arbitration Award will be considered be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court of competent jurisdiction for purposes of enforcement.

G. Location of Arbitration

Unless we mutually agree on a different location, arbitration shall occur in New York, New York. You hereby waive any right to object to the jurisdiction, venue, or inconvenience of the selected forum.

To minimize the costs and burdens associated with arbitration, you and we agree that the arbitration will be conducted by telephone, virtually and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties or directed by the arbitrator.

H. Payment of Arbitration Fees and Costs

So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totaling less than $10,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

I. Waiver of Class Action, Jury and Other Rights

You acknowledge and agree that, subject to your ability to pursue a Dispute in court by complying with the procedures above under “Right to Opt-Out,” your acceptance of these Terms of Use constitutes your waiver of certain rights, including your right to litigate a Dispute in a public forum before a judge or jury; your ability to participate in a class, consolidated, representative or similar action; your ability to conduct discovery and other procedures except under AAA rules; and your right to certain remedies.

18. Miscellaneous.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity of any other provision. Should a tribunal or court determine that by modifying the language of a provision that its invalidity, illegality or unenforceability may be cured, such language shall be deemed so modified. Any headings or titles provided herein are for the convenience of the reader only and shall not be considered in interpreting the construction of these Terms of Use.

19. Language.

The official language of these Terms of Use exclusively shall be, and all communications and agreements between Company and you, and any proceedings in connection with these Terms of Use and/or your use of the Site and Apps, exclusively shall be the English language. You waive any rights you may have under any other law to have the foreign language version of these Terms of Use govern. Any foreign language translation of these Terms of Use shall be considered to be for the convenience of the parties only.

20. Construction of this Agreement.

In interpreting the language of these Terms of Use, ambiguities shall be construed against neither party.

21. No Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use, our Privacy Policy or any use of the Site and Apps. Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy, is in derogation of Company’s right to comply with law enforcement requests or requirements relating to your use of the Site and Apps or information provided to or gathered by Company with respect to such use.

22. Entire Agreement.

These Terms of Use, Privacy Policy, and other related policies governing your relationship with the Company shall constitute the entire agreement between you and the Company with respect to the Site and Apps, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company.

23. Questions and Concerns.

Should you have any questions or concerns about these Terms of Use, please email us at customercare@roberttalbott.com, Attn: Terms of Use.