Vegan & Under Control, LLC

 

This website is operated by Vegan & Under Control, LLC ("us/we/our"). “Website” means the website located at www.veganandundercontrol.com, any subsequent URL which may replace it, and any and all associated websites, URLs, micro sites, and mobile applications. "You/your" means you as a user of the Website. “User” means all users of this Website. Your use of this Website, including all information and services available from this Website, is conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. If you do not accept these Terms, please discontinue your use of the Website.

 

YOUR CONTINUED USE OF THE SITE(S) CONSTITUTES
YOUR AGREEMENT TO THESE TERMS OF SERVICE

 

By accessing this Website, you agree to be bound by the Terms set forth herein. If there is anything you do not understand, please email jane@veganandundercontrol.com.

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Notice Regarding Dispute Resolution: These Terms contain provisions that govern how legal claims that might arise between Us and You will be handled.  See Mandatory and Binding Arbitration Provision For Resolution Of Disputes and Class-Action Waiver (Sections 13 and 14 below), which includes a binding obligation to resolve disputes on an individual (i.e. non-class action) basis, which, subject to limited exceptions, will require claims you may have against us to be determined in binding arbitration or small claims court.

 

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES; YOU MUST USE THE WEBSITE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY INTERRUPTED OR IMPAIRED. YOU SHALL NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

 

1.      Intellectual Property Ownership and Use

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1.1           You acknowledge and agree that the logos, trademarks, content, book titles, copyrights and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

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1.2           We grant you the limited right to access and make use of the Site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site(s)’s name or our Marks; d) engage in any activity that interferes with the Site(s) or another user’s ability to use the Site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the goods or services offered on the Site(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

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1.3           You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission. You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. LINKING TO THE SITE(S) INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. We reserve the right to terminate or refuse any link to the Site(s) for any reason whatsoever, in our sole discretion.

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1.4           All Site Content and all materials and content contained within the Site(s), including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Site(s), are, as between You and us, owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

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2.      Infringement Notice

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2.1       We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email to the following address: jane@veganandundercontrol.com and include the words “COPYRIGHT NOTICE” in the subject line.

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2.2       In order for us to more effectively assist you, the notification should include all of the following:

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a.         A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b.         A description of the copyrighted work or other right you claim has been infringed or violated;

c.         Information reasonably sufficient to locate the material in question on the Site(s);

d.         Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e.         A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

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3.      Errors and Inaccuracies 

 

3.1       We strive to provide complete, accurate, up-to-date information on the Site(s). Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, or refuse to fulfil any order, including after an order has been submitted, and to change or update information at any time without prior notice. 

 

3.2       The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site(s).

 

3.3       The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.

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 3.4       We will not be liable to you for any delay or failure to perform any obligation or services related to the Site(s) if the delay or failure results from any cause beyond such ours reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

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4.      Changes to Site(s) or These Terms of Service

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4.1       Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site(s) or any portion of it.

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4.2       We may alter these Terms of Service from time to time, and your use of the Site(s) (or any part of the Site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service, then you must immediately stop using the Site(s).

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4.3       The Site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site(s) or because of a failure, suspension or withdrawal of all or part of the Site(s).

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5.         External Sites and Resources

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We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

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6.         Orders, Price and Resale

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Nothing on the Site(s) constitutes a binding offer to sell services and/or products described on the Site(s) or to make such services and/or products available in your area. We reserve the right at any time after receipt of your order to accept or decline your request/order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Unless otherwise specified, any prices displayed on the Site(s) are quoted in U.S. dollars regardless of whether the order has been confirmed or your account/credit card charged. If your account/credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your account/credit card account through our third-party payment processor.

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7.      Online Content 

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7.1       The Site(s) may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Site(s) (“Online Services”). We reserve the right, but have no obligation to, offer and/or actively monitor the Online Services. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

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7.2  If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to jane@veganandundercontrol.com and include the words “OBJECTIONABLE CONTENT” in the subject. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same. We may or may not choose to respond to any such requests or contacts.

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7.3       By using the Site(s), you agree that:

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a.         You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b.          You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c.          You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.

d.         You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

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7.4       User Content may become public information, in whole or in part. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

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7.5       You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

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7.6       If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

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7.7       If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).

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7.8       The Site(s) is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Site(s).

 

8.     Sales, Shipping, and Returns 

 

8.1       For any credit card payments we may choose to accept, we may use through our third-party payment processors. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order. 

 

8.2       For a multiple product orders, our order processing company will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

 

8.3       Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

 

8.4       Your order will ship as it becomes available, and our order processing company will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

 

8.5       We will accept the return of products that are defective due to defects in manufacturing and/or workmanship within seven (7) days from the date you receive your purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return within seven (7) days from the date you receive your purchase.

 

8.6       Your credit card will be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under local state law.  If you are shipping outside of the US, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order to release your order from customs.  International duties and taxes will be marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty, and taxes are non-refundable in the event of a return/exchange. 

 

9.     Disclaimers

 

9.1       WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 

 

9.2       WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 

 

9.3       AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. 

 

10.    Limitations on Liability

 

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 

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11.     Investigations of Violations of These Terms

 

We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

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12.    State Specific Notices

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12.1      Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.

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12.2      Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy. Paragraph 15.1 shall not apply to New Jersey residents or New Jersey transactions.

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13.    Mandatory and Binding Arbitration Clause For Resolution Of Disputes

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13.1      Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following discovery of the facts first giving rise to the claim.

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13.2      By visiting the Site(s), you agree that, except as otherwise specified herein, the laws selection principles of the State of New York will be used to determine the law that will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site(s) and Services.

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13.3      We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: jane@veganandundercontrol.com and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved within thirty (30) days through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

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13.4      ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

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13.5      Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.

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13.6      Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

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13.7      Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

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13.8      Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

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13.9      Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. We will remain responsible for our share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.

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13.10    Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

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13.11    Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in New York, New York to enjoin infringement or other misuse of our intellectual property rights.

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13.12    Other. The Federal Arbitration Act and federal arbitration law apply to these Terms. Both you and we expressly waive any ability to maintain any class action proceedings in any forum.

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14.    Class-Action Waiver

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Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

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15.    Miscellaneous

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15.1      If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.

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15.2      These Terms as well as our Privacy Policy located on the Site(s) and any other terms or agreements that may be posted on the Site(s) (as may be amended from time to time) (“Site(s) Agreements”) contain the entire agreement between you and us relating to the Site(s) and your use of the Site(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Site(s) Agreements. You confirm that, in agreeing to accept these Site(s) Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Site(s) Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Site(s) Agreements.

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15.3    To understand our privacy practices, please review our Privacy Statement which governs your visit to this Site, and which is hereby incorporated by reference into these terms.

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16.       Contact Information

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You may send us notices or communicate with us by email to jane@veganandundercontrol.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

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DATE LAST MODIFIED: March 13, 2020.

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