Terms of Service

Updated January 21, 2024

These Terms of Service, as well as any other policy, rules, or conditions incorporated herein by reference (the “Agreement” or “Terms”), constitute a legally binding agreement between you (“you”, “your”, or “Client”) and Untwist, LLC (“Untwist”, “we”, “us”, “our”, or the “Company”). These Terms govern the use of our website, https://www.getuntwisted.com/ (the “Site”), and any materials, contents, products, services contained or provided therein. Services performed by us are collectively referred to as the “Services”. By accessing or using our Site or Services, or clicking to accept these Terms when presented to you, you accept and agree to be bound by these Terms. Your continued use of our Site or Services may require additional terms and conditions including but not limited to membership policies, membership agreements, waivers, intake forms, or other rules, which are hereby incorporated into these Terms by reference.

THESE TERMS GOVERN YOUR USE OF OUR SITE AND SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO THESE TERMS DO NOT USE OR ACCESS OUR SITE. DO NOT USE OR ACCESS OUR SITE IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE CONFLICTS ARISING OUT OF YOUR USE OF OUR SITE AND SERVICES, AS WELL AS A CLASS ACTION WAIVER. THESE PROVISIONS WAIVE YOUR RIGHT TO TRIAL OR COURT HEARING. YOU AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF THE SITE OR OUR SERVICES WILL BE FINALLY RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE PARTICIPATION IN ANY CLASS ACTION SUIT OR CLASS ARBITRATION.

FOR FUTHER INFORMATION, PLEASE READ SECTION 21 FOR COMPLETE DETAILS.

IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, OUR PRIVACY POLICY, THE SITE, OR OUR SERVICES, PLEASE CONTACT US BY EMAIL AT INFO@GETUNTWISTED.COM.

1. Changes to these Terms

We may modify or change these Terms at any time, for any reason. Any such changes to the Terms will be posted to this webpage in the Site. Such modifications or changes, whether they consist of additions, deletions, or both, shall become effective as soon as they are posted to the Site. Your continued use of the Site and Services is governed by these Terms and your use of this Site shall be governed by the latest version of these Terms. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES.

2. Privacy Policy

Your privacy is important to us. Our privacy policy (the “Privacy Policy”) is located at https://www.getuntwisted.com/privacy-policy. This Privacy Policy governs our use and processing of your personal information and data collected from your use of the Site. This Privacy Policy is hereby incorporated by reference into these Terms. You hereby agree to the Privacy Policy by your use of the Site or our Services.

3. Age Requirement

You hereby acknowledge and agree that use of this Site and our Services is contingent upon a minimum age requirement that is equivalent to the age of majority in the jurisdiction this Site is being accessed or Services are being rendered by us. By accessing this Site or our Services, you represent and warrant that you are at least the age of majority of your state of residence and are legally capable of entering into these Terms or to agree to purchase our Services. If you do not meet these age requirements, you are expressly forbidden from using this Site or our Services.

4. Permissible Use of the Site

You may only use this Site (or any content therein) or the Services for your personal use. You are expressly forbidden from copying, reproducing, duplicating, selling or reselling, or otherwise commercially exploit the Site without our express, written consent. It is a further condition of using the Site or our Services, that you provide accurate information when prompted. You represent and warrant that any information you choose to share with us through our Site our use of our Services is accurate, correct, current, and complete.

When accessing or using our Site or Services YOU MAY NOT:

Use any device or software to interfere with the function of the Site;
Transmit information that contains a virus, Trojan horse, worm, or other harmful program or routine;
Use any software, tool, data, device, mechanism, or routine to search the Site other than regular use by our customers;
Employ any spider, robot, scraping or datamining tool or technique, or other automated device, program, or routine used to collect, store, reproduce, or distribute information or content contained on the Site;
Use in any respect, including copying or transmitting our trademark, logo, or any other proprietary information (in whatever form) without our express, written consent;
Utilize metatags or purposefully obfuscated text (hidden text) on our Site without our express, written consent;
Exploit or attempt to exploit security features on our Site;
Exploit security features that prevent unauthorized use of our Site or its contents, by manual or automatic means, nor through the use of software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
Not share or allow others to login in for you on the Site for any reason;
Probe, scan, or test vulnerabilities in the Site or otherwise attempt to breach security or authentication measures without valid authorization to do so;
Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt any source code used by the Site;
Use site to send unsolicited email, promotions, junk mail, chain letters, spam, or any similar tactic;
Transmit any message that constitutes, encourages, or incites other to conduct a criminal or civil offense;
Transmit or solicit information, contents, or materials that would violate or infringe upon the rights of others, including materials protected by privacy laws, trademark and copyright law, intellectual or property rights, or is derivative of others’ protected works, without first obtaining permission for the respective owner or right holder.

YOUR VIOLATION OF ANY OF THE ABOVE CONDITIONS IS GROUNDS FOR US TO IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SITE AND/OR OUR SERVICES.

5. Warranties and Representations of the User

By accessing or using the Site and/or the Services, you agree to, acknowledge, and represent as follows:

Comply with all applicable Federal, state, and local laws, rules or regulations when using this Site or our Services. Additionally, you agree to not take any action or fail to perform an action that you know or reasonably should know would subject us to violation of any applicable law, rule or regulation;
You have the authority and capacity under the laws of the jurisdiction in which you reside to make representations and warranties and be bound by such representations, warranties, and covenants contained herein.

6. Copyrights, Trademarks, and other Intellectual Property

When using or accessing the Site or Services provided by the Company, you agree to obey all applicable laws and respect the intellectual property of others. You hereby agree you shall be solely responsible for any violations or infringements of any rights of third-parties and further agree not to use our Site to violate, infringe, or transmit the intellectual property of others.

All content on the Site and Services, including but not limited to text, hidden text in our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound or any other digital media, is owned or licensed by the Company and is subject to intellectual or other proprietary ownership rights. Additionally, the contents of this Site are copyrighted as a collective work under U.S. copyright law. Any suggestions, ideas, or feedback for the Site provided by you is deemed to be con-confidential and we may use such suggestions, ideas, or feedback on a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and unrestricted basis.

Except as expressly stated herein, you may not use, modify, create derivative works, copy, distribute, redistribute, reproduce, publish, transmit, disseminate, transfer, display, commercialize, or in any way use content or material of the Site or Services with express written consent of the owner. You acknowledge that your use of the Site or Services does not grant you any ownership rights in any content on the Site or Services.

All trademarks, service marks, trade dress, logos (collectively, the “Marks”) contain on the Site or Services are the property rights of their respective owners. Nothing contained on this Site, Services, or the Terms grants you, either expressly or impliedly, a license or right to the use of any Marks owned by us or any third party.

7. User Content

You are and shall remain responsible for any content or materials including but not limited to, User Content (as defined below), materials, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, “User Content”) you transmit, provide, upload, or otherwise disseminate to us or others via the Site and/or Services. By using this Site and/or Services, you grant the Company permission to use, share, or repost User Content you share on our Site or on third-party sites where you tag or make reference to our Site and/or Services. You hereby grant to us and our affiliates a royalty-free, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivate works of your User Content without payment, royalties, or other consideration to you in connection with your use of this Site and/or the Services for the purposes of promotion, advertising, marketing, or any other lawful purpose we may use such User Content for. Subject to applicable law, you hereby waive any moral rights you may have in User Content and release the Company from any and all claims, demands, actions, our lawsuits in collection with your User Content including any liability related to our use of or non-use of your User Content, defamation claims, invasion of privacy, right of publicity, emotional distress, economic loss, or any other related claims.

You hereby warrant and represent that you are the owner or have a right to license User Content you share on the Site or Services and that any User content you share on the Site or Services does not infringe or violate the intellectual or other property rights of any third-party. You agree to refrain from sharing, uploading, posting, or otherwise disseminating User Content for which you do not own the intellectual property rights or proper permission from the rightful owner of the User Content.

You further agree that your User Content will not:

Contain personally identifiable information of you or any other person;
Threaten, harass, abuse, bully, degrade, mock, or depict/promote threats to a person, place, property, business, group, or organization;
Contain, depict or promote any libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd or otherwise inappropriate content;
Contain or depict any symbols, words or slurs that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group;
Contain, depict or promote any unreasonably dangerous or reckless behavior or activity, including, without limitation, violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs or any conduct that constitutes a criminal offense or gives rise to civil liability;
Disseminate, share, or transmit unsolicited advertising, junk, spam, or bulk messages;
Impersonate any individual or contain misrepresentations of your affiliations with any other individual or group.

You acknowledge and agree that the Company has the right, but not the obligation, to remove User content that is in violation of these Terms or we find otherwise objectionable. You further acknowledge and agree that we may disclose User Content if required by law to do so if necessary to (a) comply with law; (b) enforce these Terms; (c) respond to claims that User Content violates the rights of third-parties; (d) protect our rights, property, or safety of the Company, our users, or our customers. We provide no guarantee that User Content published or disseminated on our Site and/or Services will be available at any time in the future. We are not liable of loss of User Content under any circumstances.

8. Copyright Complaints and Monitoring

You agree that the Company the right, but not the obligation to monitor, terminate, suspend, edit, disclose, remove, or modify any User Content at any time and anywhere on the Site or in our Services. We reserve the right to terminate or suspend your access to the Site and/or our Services if you post or provide User Content that violates the property rights of us or other users of our Site/Services. Nonetheless, we cannot comprehensively monitor or review all materials transmitted or disseminated on our Site and/or Services. If notified of possible infringements or User Content that is published or disseminated in violation of these Terms, we will investigate and take appropriate action. We assume no responsibility or liability for User Content transmitted using our Site or Services including for User Content that is in error, defamatory, libelous, contains omission(s) or falsehood(s), is obscene, profane, pornographic, dangerous, or inaccurate.

9. Digital Millennium Copyright Act

If you believe that your work has been copied and is accessible through our Site and/or Services in a way that infringes or violates your proprietary rights, you may notify the Company by providing the following information, as required by Digital Millennium Copyright Act:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work that is claimed to be infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a comprehensive listing of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to contact you, such as an address, email address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the notification to us via email (info@getuntwisted.com) and by US Mail to:

1107 Station Circle

Dedham, MA 02026

10. Third-Party Sites

We may, from time to time, provide links to others websites that offer goods and services maintained and controlled by others (“Third-Party Sites”). These Third-Party Sites are not affiliated or controlled by us and may be located in countries with different laws, legal requirements, or regulations. We have not compressively reviewed all content contained on Third-Party Sites linked to our Site and we are not responsible for content or services contained on such Third-Party Sites. Links to Third-Party Sites on our Site do not constitute an endorsement by us, our affiliates or subsidiaries of any Third-Party Sites or the content or services offered therein. You agree and acknowledge that we have no responsibility or liability for these Third-Party Sites or content or services provided therein.

If we provide links to social media platforms, you may choose to visit those sites at your own risk and acknowledge that information, including personally identifiable information, may be made available to the general public through the use of those sites. We do not control the content or information on those sites, nor do we accept any responsibility or liability for your interaction with those sites.

11. Linking and Framing

You agree and warrant that you will not mirror or frame, in whole or in part, the Site or our Services. You shall not link to the Site or our Services any other site, service, or product which, by our sole determination:

publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic or otherwise objectionable materials;
publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law; or
promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
link our Site or Services in such a way as to imply an endorsement, partnership, association, approval or endorsement on our part or the part of any of our affiliates, partners, or subsidiaries.

12. Updates to our Site

We reserve the right from time to time to modify, discontinue, the Site, Services, or any part thereof at any time, temporarily or permanently, with or without notice. Except as required by law, we undertake no obligation to update, amend, modify, or clarity information on the Site and/or the Services. We provide no warranty and assume no liability for the accuracy or completeness of information contained on our Site and/or Services. Our Site or Services may contain errors and we reserve the right to correct any errors, inaccuracies, or omissions on our Site, or to change or update information contained on our Site at any time.

13. Purchases made on our Site

Products and/or Services provided on our Site are subject to availability. All prices, discounts and promotions posted on the Site are subject to change without notice to the extent permitted by applicable law. We may, from time to time, offer promotions or other discounts on product purchases, through marketing emails, text messaging or other means. We reserve the right to suspend any such promotions, update product information and change prices at any time without notice. Further, we may limit, change, refuse or cancel any order made through our Site at our sole discretion. Should we make a change to your order, we will attempt to reach you at the email or phone number you provide at the time of the order.

Products and/or Services may contain inadvertent typographical errors, omissions, and/or inaccuracies related to pricing. We reserve the right to correct such errors, omissions, or inaccuracies and to cancel any orders of products or Services arising out such.

14. Payment Terms

Unless otherwise agreed to in writing, payment must be received by us before the acceptance of an order for our products or Services. Due to the nature of our products and Services, we enforce a strict "all sales are final" policy. No returns, exchanges, or refunds will be provided once a purchase has been made. By using this Site to make a purchase, you represent and warrant that all information you provide is true, accurate, correct, and complete. You further agree that any payment for our products or Services are authorized, that you will pay charges the charges incurred by your purchase through the Site, including shipping, handling and applicable taxes, if any, and that you are the legal holder of any credit card or payment account used to enter into a transaction on the Site.

If we determine that:

Your means of payment is not valid;
The transaction is not authorized;
Your means of payment cannot be processed or verified at the time of any charge;
A charge is disputed for any reason other than failure by us to deliver the item(s) purchased by you;
You have abused or misused promotions or promotional codes, if applicable; or
You have otherwise used the Site to enter into an improper transaction,

We reserve the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of our obligations hereunder.

You hereby agree that, as a condition of these Terms, you consent to the payment processing for any products or Services purchased through our Site by our third-party payments processor.

To the extent applicable, we will arrange for shipment of the products to you. Risk of loss passes to you upon delivery of the products to the carrier. You agree pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only, not a guarantee. We are not liable or responsible for any delays in shipments.

15. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE OR THE SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OR SCOPE OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE SITE AND/OR THE SERVICES MAY PROVIDE YOU WITH CERTAIN INFORMATION, INCLUDING, WITHOUT LIMITATION, TUTORIALS, WORKOUTS OR RECOMMENDATIONS. ALL SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, PROFESSIONAL ADVICE, OR AN OPINION OF ANY KIND. THE SITE AND THE SERVICES DO NOT PROVIDE OR REPLACE ANY MEDICAL PROFESSIONAL OR RESOURCE. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE AND/OR STRETCH PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, OR HAVE EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE AND/OR THE SERVICES. FURTHER, ALL SUCH INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF, OR RELIANCE ON, SUCH INFORMATION IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES, PARTNERS, OR SUBSIDIARIES AND EACH OF OUR AND THEIR RESPECTIVE LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE); (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE COMPANY AND/OR OUR AFFILIATES, PARTNERS, OR SUBSIDIARIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, partners, or subsidiaries from and against any and all claims, demands, actions, lawsuits, investigations, and proceedings, including any and all liability, damages, costs, expenses, attorneys’ fees, settlements, fines, penalties, and losses of any kind or type whatsoever resulting from or arising out of or in connection with:

Your violation of these Terms;
Your use of the Site and/or Services;
Dispute with any other user of the Site and/or Services;
Your violation of a third party’s rights;
Your violation of applicable law.

This indemnification obligation will continue and survive, even if you stop using the Site and/or Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

17. Force Majeure

We are not liable, responsible, deemed to have defaulted, or breached these Terms for failure or delay in our performance of our obligations under these Terms to the extent such failure or delay is caused by or is a result of acts or circumstances beyond our control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, changes in law, war, invasion, or hostilities (whether war is undeclared or not), terrorist threats or actions, riot or civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not directly related to our workforce), cyberattacks, denial of service (DoS) attacks, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

18. Consent to Electronic Communications and Notices

You hereby agree that we and our authorized agents may provide you with information or notices in electronic form in relation to communications about our Site, Services, or products. When you use or access our site, you agree and consent to receive communications from us electronically. You further agree that agreements, disclosures, notices, or other communications provided to you satisfies any legal requirement that such communication be in writing.

19. Foreign Users

This Site and the Services are intended to comply with U.S. state and Federal laws, rules, and regulations. We make no representation that materials, products, Services, or contents on the Site are in compliance with any non-U.S. laws and may not be appropriate or available for use in other locations. Non-U.S. based user access the Site and/or Services at your own risk and you are solely responsible for compliance with local laws in your jurisdiction of residence. Some jurisdictions do not allow for the exclusion of certain types of liability, warranties, or damages. As such, some of the limitations or exclusions of warranties or damages may not be applicable to you. All other provisions of these Terms are appliable and remain in full force and effect.

20. Governing Law

These Terms and your use of the Site and/or the Services shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Massachusetts, without giving rise or effect to any principles of any choice or conflict of law provisions.

21. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF THIS SITE AND/OR THE SERVICES WILL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION.

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF YOUR USE OF THIS SITE AND/OR THE SERVICES SHALL BE COMMENCED WITHIN ONE (1) CALENDAR YEAR OF THE CLAIM OR CAUSE OF ACTION ARISES.

YOU AGREE THAT ANY DISPUTE ARISING OUT OF YOUR USE OF THE SITE AND/OR SERVICES SHALL BE SUBMITTED TO INDIVIDUAL, BINDING ARBITRATION IN THE UNITED STATES, MASSACHUSETTS, EXCEPT THAT, TO THE EXTENT YOUR USE OF THE SITE AND/OR OUR SERVICES VIOLATES OR THREATENS TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE RESERVE THE RIGHT TO SEEK INJUNCTIVE RELIEF OR OTHER EQUITABLE REMEDIES IN STATE OR FEDERAL COURT AND THAT YOU CONSENT TO SUCH JURISDICTION AND VENUE OF THAT COURT.

BEFORE COMMENCING SUCH ACTION, YOU MUST SEND US NOTICE OF YOUR INTENTION TO COMMENCE ARBITRATION BY SENDING US, BY CERTIFIED U.S. MAIL TO:

1107 Station Circle

Dedham, MA 02026

If we initiate arbitration, we will send a Notice CONSISTENT WITH THESE Terms. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within thirty (30) days after the applicable Notice is received, you or we may commence an arbitration proceeding.

Arbitration under these Terms shall be conducted by the American Arbitration Association under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. The expenses of the arbitration charged by the arbitrator shall be borne by the non-prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. NOTWITHSTANDING THE FOREGOING, EACH PARTY SHALL BEAR ITS OWN EXPENSE AND COSTS OF LEGAL FEES, COSTS OF INVESTIGATION, OTHER COSTS, AND EXPENSES.

THE ARBITRATOR’S AWARD SHALL BE FINAL, BINDING, AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF COMPETENT JURISDICTION. ANY TESTIMONY, EVIDENCE, RULING, OR DOCUMENTATION RELATED TO ANY ARBITRATION SHALL BE CONSIDERED CONFIDENTIAL INFORMATION. NO PARTY MAY USE, DISCLOSE, OR DESSIMINATE ANY SUCH INFORMATION UNLESS REQUIRED TO DO SO BY LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR ACTION ARISING OUT OF THESE TERMS, USE OF THE SITE, AND/OR OUR SERVICES BE SUBJECT OR BE JOINED IN A CLASS ARBITRATION. IN ANY DISPUTE YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A GENERAL CAPACITY.

22. California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:

1625 North Market Blvd., Suite N. 112

Sacramento, CA 95834

or by telephone at (800) 952-5210 or (916) 445-1254.

23. Miscellaneous

Section headings contained in these Terms are for convenience and reference only and shall not impact the interpretation or construction of these Terms. Any principle of construction or law that provide an agreement be construed against the drafter of an agreement in the event of ambiguity or inconsistency shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Conduct or trade practice between the parties shall not act to modify these Terms in any way. We may assign our rights and duties under these Terms at any time; you may not, nor does doing so alleviate any of your duties or obligations under these Terms. There are no third-party beneficiaries of these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, our Privacy Policy, and any other agreements incorporated by reference constitute the entire agreement between the Parties and supersede any agreement previously existing between the Parties.