TERMS AND CONDITIONS

WELCOME TO THE FORTERO COMMUNITY!

SEISEIDOU AMERICA, INC. DBA Fortero, and its respective PARENT, affiliate, AND subsidiarY COMPANies, divisions, or designees (“us,” “we,” or “Fortero”), is pleased to provide you with access to OUR website, LOCATED AT WWW.getfortero.COM, mobile AND tablet websites, products available and accessible via our websites, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or controL (collectively, the “Fortero Site”).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY BEFORE USING THE Fortero SITE. The Terms and Conditions are a binding legal contract between you and Fortero. All users of the Fortero Site agree that access to and use of the Fortero Site are subject to the following terms and conditions and other applicable law.

We may amend or revise these Terms and Conditions from time to time by posting an updated version. Your continued use of the Fortero Site after we post any changes will constitute your acceptance of such changes. By accessing and using the Fortero Site, you acknowledge that you have read and reviewed these Terms and Conditions in their entirety, you agree to these Terms and Conditions AND Fortero’s Privacy Policy, and these Terms and Conditions constitute binding and enforceable obligations on you. By using the Fortero Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Fortero Site.

1.  BINDING EFFECT. This is a binding agreement between you and Fortero. By using the Fortero Site, you agree to abide by these Terms and Conditions, as they may be amended by Fortero from time to time in its sole discretion. Fortero will post a notice on the Fortero Site any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and, if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Fortero Site and cease all use of the Fortero Site. By using the Fortero Site, you represent that you are at least 18 years old and that you are legally able to enter into this binding agreement. If you are accessing and using the Fortero Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions. In that case, “you” and “your” will refer to that company or other legal entity. We recommend that you save a copy of these Terms and Conditions your records.

2. ELECTRONIC COMMUNICATION. The communications between you and Fortero are electronic. You consent to receive communications from Fortero in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3.  PRIVACY POLICY. Fortero respects your privacy and permits you to control the treatment of your personal information. A complete statement of Fortero’s current Privacy Policy can be found by clicking here. Fortero’s Privacy Policy is expressly incorporated into these Terms and Conditions by this reference. By using the Fortero Site, you acknowledge that you have reviewed and understand Fortero’s Privacy Policy and consent to the practices described in that policy.

4.  ELIGIBILITY; REPRESENTATIONS AND WARRANTIES. By accessing, using, or making a purchase through the Fortero Site, or registering and creating an account on the Fortero Site, you represent and warrant that: (A) You are at least 18 years old and can form a binding contract with Fortero; (B) You will keep your account information current, complete, and accurate and you will promptly update all information to keep your account and billing information complete and accurate upon any change (e.g., change of billing address, credit card number, or expiration date) (if you created a user account); and (C) You will comply with these Terms and Conditions and all applicable federal, state, and local laws, rules, regulations, and ordinances.

5. REGISTRATION; ESTABLISHING AN ACCOUNT; YOUR ACCOUNT. You do not have to be a registered user to visit the Fortero Site. But, if you want to use certain features of the Fortero Site, or if you would like to purchase products through the Fortero Site, you will have to create an account. You can do this via the Fortero Site. Registration requires you to (A) indicate agreement to these Terms and Conditions and the Privacy Policy; (B) provide contact information and identification details; and (C) submit any other form of information, authentication, or agreement required as part of the registration process, in Fortero’s sole discretion. It is important that you provide us with accurate, complete, and up to date information for your account. You agree to update such information, as necessary, to keep it accurate, complete, and up to date. If you do not, we may have to suspend or terminate your account. You may also be asked to provide a username (i.e., your email address) and password. You are entirely responsible for maintaining the confidentiality of your password and for restricting access to your account. You may not use the account, username, or password of someone else at any time. You agree to notify Fortero immediately of any unauthorized use of your account, username, or password. Fortero shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Fortero, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, due to someone else’s use of your password or account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.

6.  CONSUMER TERMS OF SALE. The following Consumer Terms of Sale (“Terms of Sale”) shall apply if you decide to purchase products from Fortero through the Fortero Site:

A.  No Purchase for Resale. Your purchase from the Fortero Site is for your own personal or household use, not for resale (including export, re-export, or transfer). The Fortero Site is intended solely for Fortero to sell the Fortero Product direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Fortero Product by someone who resells, or intends to resell, the Fortero Product to others (consumers, businesses, or any third party).  If Fortero believes you are involved in purchase for resale, Fortero reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. By purchasing a Product through the Fortero Site, you represent and warrant that you are buying for your own personal or household use, and not for resale.

B.  Order Processing. Your order is an offer to purchase. Fortero may send an order confirmation email to acknowledge receipt of your order, but Fortero does not accept your order until we send you notice that the Product has shipped. Fortero may process payment for and ship parts of an order separately. Fulfillment of all orders on the Fortero Site is subject to availability. Fortero reserves the right to refuse or cancel any order prior to delivery. Orders may also be cancelled due to typographical errors, system failures, inaccuracies in product/subscription pricing information or availability, or problems identified by Fortero’s, or its payment processors’, credit or fraud departments. Fortero also may require additional verification or information before accepting an order. Fortero will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after Fortero processed your payment but prior to delivery, Fortero will refund your payment. As applicable, all purchases are also subject to shipping and handling charges and sales and/or other taxes, which will be applied to your order total. Taxes will be calculated based on the billing address provided.

C.  Eligibility to Order. You are only eligible to use the Fortero Site if you are a consumer, not a reseller, and are of legal age and have legal capacity under the applicable laws of the jurisdiction in which you reside. If you are a parent or guardian and find that your ward is using the Fortero Site without your consent, you may contact us.

D. Pricing and Availability. Prices and promotions are subject to change. Fortero strives to communicate accurate pricing and Product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.

E. Payment Information. You understand all payments must be made to Fortero through Shopify, our third party payment processors, with a valid credit card or debit card. When you provide any information to Fortero for any reason, such as to register for the purchase of products, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment information to us, you represent that such payment information is correct and belongs to you or you have the authority to use such payment card. In the case of email, you must provide an accurate email address that is registered in your name. You are responsible for promptly updating your information with any changes, including the requirement to keep billing information current. You must promptly notify Fortero if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent interruption, you acknowledge Fortero may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order via the Fortero Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Fortero. All prices are displayed in United States Dollars unless expressly indicated otherwise.

F.  SMS Notifications. Fortero uses ReChargeSMS (owned by “Electric SMS”), a third party SMS message management platform (operated via ReCharge, our third party subscriptions payments platform) that allows you to receive SMS mobile messages regarding your order(s) from the Fortero Site, including shipping and delivery updates. The Terms of Service for ReChargeSMS can be viewed here.

G.  Monthly Subscription Based Program. Fortero offers certain products on a monthly subscription basis so you can enjoy the benefits of such products on a continuous basis. Our subscription service automatically delivers your products right to your door on a recurring basis (i.e.., every 1 or 3 months). You can join the monthly subscription program by selecting this option on the product page and checking out.

BY SIGNING UP FOR THE MONTHLY SUBSCRIPTION WITH A RECURRING SHIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR ORDER WILL BE AUTOMATICALLY PROCESSED AND SHIPPED ON A RECURRING BASIS AS SELECTED BY YOU UNTIL YOU END YOUR SUBSCRIPTION OR CANCEL YOUR RECURRING ORDER. Your payment method will automatically be charged for each successive shipment at the then-current price until you provide prior notice that you wish to cancel your subscription, as described below. Notwithstanding anything to the contrary contained herein, prices are subject to change at any time during the term of your subscription. Monthly charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.

You may cancel your monthly subscription-based program at any time by cancelling online at: www.fortero.com, or emailing us to support@getfortero.com. Any cancellation of your subscription must be received by Fortero at least forty-eight (48) hours prior to the next scheduled payment date in order to take effect for that period. If you cancel less than forty-eight (48) hours prior to the monthly renewal of your subscription, your subscription will continue as scheduled, and your cancellation will take effect in the following month.

Your refund will be processed within seven (7) days following Fortero’s confirmation of the return of your Qualifying Purchase; however, it may take longer for the refund to appear in your bank account once issued.

5.   Other Terms and Conditions. If you use the Guarantee, Fortero will automatically cancel any of your active Fortero subscriptions. Should you choose to subscribe to a Qualifying Purchase in the future, you will not be eligible to use the Guarantee again. The Guarantee applies during your lifetime – you may choose to use the Guarantee at any time; provided, however, the full refund will only apply to your first Qualifying Purchase. You must provide your original receipt and/or delivery receipt from your first Qualifying Purchase in order to apply the Guarantee.

8.  OWNERSHIP OF THE Fortero SITE. The Fortero Site is owned and operated by Fortero. You acknowledge and agree that all content and materials contained at the Fortero Site, including content, materials, information, visual interfaces, graphics, design, compilation, computer code, software, products, services, and all other elements of the Fortero Site, are protected by United States copyright, patent, trademark, and trade dress laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws, and are proprietary and constitute valuable intellectual property owned by Fortero or others who have licensed use of such content and materials to us. Except as provided herein, the Fortero Site (including past, present, and future versions) and all such content and materials that are included in, on, or that are otherwise a part of the Fortero Site (collectively, the “Fortero Content”) are owned, controlled, or licensed by Fortero. Except as expressly authorized by Fortero under these Terms and Conditions, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Fortero Content.

9.  YOUR ACCESS TO AND USE OF THE Fortero SITE. Subject to your compliance with these Terms and Conditions, we grant you a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to view, copy, and print Fortero Content retrieved from the Fortero Site for the sole purpose of using or placing an order via the Fortero Site, provided that you do not remove or obscure the copyright notice or other notices displayed on the Fortero Content. Except as expressly provided in these Terms and Conditions, nothing contained in these Terms and Conditions or on the Fortero Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Fortero’s or a third party’s intellectual property rights. Any rights not expressly granted herein are reserved. Further, you are expressly prohibited from: (A) any resale or commercial use of the Fortero Site, the Fortero Content, and/or any of the other contents or materials found thereon; (B) any collection and use of any information posted on the Fortero Site for any purpose other than your own personal use and entertainment, including, without limitation, any purpose competitive to Fortero or any commercial purpose, including marketing; (C) any downloading or copying of Fortero Site or account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (D) deep-linking to any portion of the Fortero Site; (E) framing or utilizing framing techniques to enclose any portion of the Fortero Site without express written consent; (F) using the Fortero Site to access or collect any personal information, including account names, e-mail addresses, or other such information for any purpose, including, without limitation, commercial purposes; (G) attempting to gain access to secured portions of the Fortero Site to which you do not possess access rights; (H) using the Fortero Site to generate unsolicited e-mail advertisements or spam; or (I) using any automatic or manual process to search or harvest information from the Fortero Site, or interfering in any way with the proper functioning of the Fortero Site.

Any unauthorized use of the Fortero Site, Fortero Content, and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms and Conditions. Except as provided herein, nothing contained on the Fortero Site should be understood as granting you a license to use any of the copyright, trademarks, service marks, or logos owned by Fortero or by any third party.

10.  USE OF SOFTWARE. Fortero may make certain software available to you from the Fortero Site. If you use software from the Fortero Site, access or use the Fortero Site, or use any of the content available within the Fortero Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Fortero, for your personal, noncommercial use only. Fortero grants you a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access the Fortero Site, to use the Software, and to access the content within the Fortero Site according to these Terms and Conditions. Fortero does not transfer the title or the intellectual property rights to the Software, and Fortero retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

11.  USER CONTENT; LICENSE TO USE USER CONTENT. For purposes of these Terms and Conditions, “content” means text, data, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Fortero Site; and “User Content” means any content that users (including you) post, upload, display, or otherwise provide to be made publicly available through or on the Fortero Site, including any content you authorize us access to from your social media accounts.

The Fortero Site allows the submission of User Content by you and other Fortero Site users, and the hosting, sharing, and/or publishing of such User Content with Fortero and other users. Fortero may offer you the opportunity to publicly post User Content on the Fortero Site via reviews, testimonials, comments, questions, photos, audio, video, and other methods.

You hereby agree that any User Content that you publicly place or that you authorize us to publicly place on the Fortero Site may be viewed by other users and may be viewed by any other person visiting the Fortero Site. Although we reserve the right to review and remove any User Content that violates these Terms and Conditions, such User Content is the sole responsibility of the user who posts it, and Fortero cannot guarantee that all User Content will comply with these Terms and Conditions. If you see User Content on the Fortero Site that violates these Terms and Conditions, please report it to support@getfortero.com.

Fortero does not claim ownership to your User Content; however, if you do post User Content to the Fortero Site, and unless we indicate otherwise, you grant Fortero a universal, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, host, store, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such User Content and the name submitted in connection with your User Content, throughout the world in any and all media now known or hereafter conceived. Fortero and its affiliates are free to use any ideas, concepts or know-how contained in your User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information. We are not, however, obligated to use your User Content.

You will not be compensated for any User Content. You agree that Fortero may publish or otherwise disclose your username in connection with your User Content. By posting User Content on the Fortero Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Notwithstanding, our license to your User Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Fortero Site.

You are solely responsible for all your User Content and the consequences of posting or publishing your User Content. Fortero assumes no responsibility whatsoever in connection with or arising from User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Fortero on or through the Fortero Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that the User Content is accurate, that use of the User Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity, and that you will indemnify Fortero, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, for all demands, loss, liability, claims, or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content. Fortero reserves the right but not the obligation to monitor and edit or remove any activity or content, including the User Content. Fortero takes no responsibility and assumes no liability for any User Content posted by you or any third party.

You may remove your User Content by specifically deleting it or contacting Fortero. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Fortero Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

You understand that you may publish User Content to portions of the Fortero Site, which is a public forum. We ask that you protect your private and confidential information and that of your family by not posting or publishing any User Content that you do not want in the public domain. You may restrict the audience for all or part of your profile or for certain content or information about you by adjusting the settings on your account.

12.  INAPPROPRIATE CONTENT. You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (A) violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right; (B) is libelous, defamatory, abusive, threatening, bullying, intimidating, harassing, or otherwise injurious to third parties; (C) is fraudulent, false, misleading, or deceptive; (D) is hate speech or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (E) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (E) promotes illegal or harmful activities or substances; (F) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (G) advertises or otherwise solicits funds or is a solicitation for goods or services; or (H) contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Fortero reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions, testimonials, advice, ratings, discussions, comments, and/or other User Content of any kind made by you or any user of the Fortero Site are those of the respective author(s) or distributor(s) and not of Fortero. Fortero reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Fortero Site, and, if applicable, to delete any such material from its servers. Fortero intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

13.  COMPLAINTS; ALLEGED VIOLATIONS. Fortero reserves the right to terminate your use of the Fortero Site. To ensure that Fortero provides a high-quality experience for you and for other users of the Fortero Site, you agree that Fortero or its representatives may access your account, if applicable, and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Fortero Site. Fortero does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Fortero reserves the right to terminate your account, if applicable, or your access to the Fortero Site immediately, with or without notice to you, and without liability to you, if Fortero believes that you have violated any of the Terms and Conditions, furnished Fortero with false or misleading information, or interfered with use of the Fortero Site by others.

14.  PROHIBITED USES. Fortero imposes certain restrictions on your permissible use of the Fortero Site. You are prohibited from violating or attempting to violate any security features of the Fortero Site, including, without limitation, (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, or impersonating any person or entity or posting any images of another person without his or her permission; (B) attempting to probe, scan, or test the vulnerability of the Fortero Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Fortero Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (D) using the Fortero Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any e-mail or in any posting using the Fortero Site; (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Fortero in providing the Fortero Site; (G) soliciting passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission; (H) creating another user account if we have already terminated your account, unless you have our written permission to do so; (I) using the Fortero Site for any harmful or nefarious purpose; (J) using the Fortero Site to damage Fortero; or (K) using the Fortero Site for any purpose that is illegal or prohibited by these Terms and Conditions. Any violation of system or network security may subject you to civil and/or criminal liability.

15.  TERMINATION.Either you or we may terminate your access to the Fortero Site and to your account, if applicable, at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with Fortero, you may do so by: (A) notifying Fortero at support@getfortero.com or (B) closing your accounts for all of the Fortero Site services and products that you use. Without limiting the foregoing, we may terminate your access to the Fortero Site if you violate these Terms and Conditions. Upon termination for any reason, your right to access and/or use our Fortero Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Content. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Fortero Site and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.

Upon any termination, discontinuation, or cancellation of your account or products that you purchase through the Fortero Site, all provisions of these Terms and Conditions that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions. Upon any termination of your account by you or us, you will continue to be obligated to pay all amounts owing under these Terms and Conditions, which are due and payable prior to such termination and related to any products that you purchased through the Fortero Site.

Fortero reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms and Conditions, misused the Fortero Site, or acted in a way that Fortero regards as inappropriate or unlawful, including actions or communications that occur on or off the Fortero Site.

16.  AFFILIATED AND THIRD PARTY SITES, THIRD PARTY SERVICES, AND THIRD PARTY CONTENT. Fortero has no control over, and no liability for any third party websites, applications, or materials. Fortero works with a number of third party partners and affiliates, whose Internet sites may be linked with the Fortero Site. Because neither Fortero nor the Fortero Site has control over the content and performance of these third party partner and affiliate sites, Fortero makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and Fortero assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Fortero Site, you may have access to content items (including, but not limited to websites or “social media“ sites such as Instagram, Facebook, Google+, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that Fortero makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites, applications, or materials.

Further, certain portions of the Fortero Site may be integrated into, or be provided in connection with third party websites, services, content, and/or materials (“Third Party Services”). We do not review or control any Third Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third Party Services accessible from the Fortero Site. There is no implied connection, endorsement, or adoption by Fortero of these Third Party Services and we shall not be responsible for any content provided on or through these Third Party Services. Certain opinions, claims, advice, representations, statements, or other information or materials may be made available by third parties through or in connection with the Fortero Site (“Third Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third Party Content and these authors and providers are solely responsible for the Third Party Content they provide in relation to the Fortero Site.

 Fortero DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT REGARDING ANY PORTION OF THE Fortero SITE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third Party Content. UNDER NO CIRCUMSTANCES WILL Fortero BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird Party CONTENT POSTED ON THE Fortero SITE OR TRANSMITTED TO OR BY ANY THIRD PARTY in connection with the Fortero SITE, INCLUDING ITS PRODUCTS AND SERVICES.

 YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE Fortero SITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Fortero ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS AND CONDITIONS OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

17.  Third Party Access to Your Information. Although you are entering into an agreement to disclose your information to us pursuant to these Terms and Conditions, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. Throughout the course of our provision of the Fortero Site to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under these Terms and Conditions. For this reason, you hereby agree that every authorization that you grant to us under these Terms and Conditions, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Fortero Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

18.  LIMITED WARRANTY. YOU ACKNOWLEDGE AND AGREE THE Fortero SITE, INCLUDING WITHOUT LIMITATION, ANY websites, mobile or tablet websites, products available and accessible via our websiteS, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or control, AND AS TO Fortero PRODUCTS, EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY Fortero CONTAINING PRODUCT WARRANTIES, IF ANY, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”) ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. Fortero MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE OR KIND REGARDING THE PRODUCTS. FORTERO’S SOLE OBLIGATION AND LIABILITY IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY, IF ANY, SHALL BE, AT ITS OPTION, TO REPLACE THE RELEVANT PRODUCT AT ITS COST.

Fortero AND OUR officers, managers, members, employees, consultants, agents, AFFILIATES, and representatives, HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. Fortero IS MAKING THE Fortero SITE AVAILABLE “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE Fortero SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Fortero EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE Fortero SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Fortero DOES NOT WARRANT THAT THE Fortero SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Fortero SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Fortero SITE IS AT YOUR SOLE RISK.

CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

19.  LIMITED LIABILITY. Fortero’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Fortero OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, or representatives (COLLECTIVELY, THE “Fortero PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE Fortero SITE OR ANY OTHER CONTENT, PRODUCTS, GOODS, OR SERVICES PROVIDED TO YOU BY Fortero; YOUR INABILITY TO ACCESS OR USE THE Fortero SITE; THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE Fortero SITE; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, EVEN IF Fortero HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, or any other legal theory or form of action EVEN IF Fortero PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT Fortero PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Fortero DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE Fortero SITE. Fortero TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE Fortero SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Fortero SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

YOU WILL NOT HOLD Fortero OR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE Fortero SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE Fortero SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE Fortero SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD PARTY CONTENT OR THIRD PARTY SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH THE Fortero SITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Fortero SITE IS TO STOP USING THE Fortero SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF Fortero PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Fortero, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Fortero AND YOU.

CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20.  INDEMNITY. You agree to indemnify Fortero for certain of your acts and omissions. In consideration for your use of the Fortero Site AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH YOU, HEREBY AGREE TO INDEMNIFY, DEFEND, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE Fortero PARTIES, FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, JUDGMENTS, DAMAGES, LIABILITIES, SETTLEMENTS, LOSSES, COSTS, EXPENSES, AND RECOVERIES FOR ANY AMOUNTS CLAIMED DUE, OF ANY KIND OR NATURE WHATSOEVER arising out of or in connection with your ACCESS TO OR use of the Fortero Site, YOUR USER CONTENT, OR YOUR BREACH OF THESE TERMS AND CONDITIONS, which YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING PENALTIES, INTEREST, AND REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY KIND OR NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY RELATED CAUSES OF ACTION, OR YOUR USE OR MISUSE OF THE Fortero SITE, OR YOUR OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.

Fortero will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This defense and indemnification obligation will survive the termination of these Terms and Conditions and your use of the Fortero Site.

21.  RELEASE. To the fullest extent permitted by applicable law, you hereby release and forever discharge Fortero and the Fortero Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (A) any interactions with, or act or omission of, or User Content provided by, other Fortero Site users or (B) any third party site, products, services, and links included on or accessed through the Fortero Site.

Fortero reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other Fortero Site users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Fortero Site and from any claims related to the conduct of any other users or customers of ours. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

22.  COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Fortero Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Fortero Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you. You further agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Fortero Site or Fortero Content.

23.  COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. Fortero has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Fortero Site. If you are a copyright owner or an owner's agent and find any content on the Fortero Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). Fortero has adopted a policy that provides for the immediate suspension and/or termination of any Fortero Site user who is found to have infringed on the rights of Fortero or of a third party, or otherwise violated any intellectual property laws or regulations. Fortero’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Fortero to delete, edit, or disable the material in question, you must provide Fortero with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed 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 Fortero to locate the material; (D) information reasonably sufficient to permit Fortero to contact you, 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 owner, its agent, or the law; and (F) 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. For this notification to be effective, you must provide it to Fortero’s designated agent at:

Seiseidou America, Inc. dba Fortero
Attn: Website Administrator
10880 Wilshire Blvd. Suite 1101
Los Angeles, California 90024, U.S.A.

24.  COPYRIGHT. All Fortero Content included in or made available through the Fortero Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Fortero or its content suppliers and protected by United States and international copyright laws. The compilation of all Fortero Content included in or made available through the Fortero Site is also the exclusive property of Fortero and protected by United States and international copyright laws. Without limitation, Fortero owns a copyright in the selection, coordination, arrangement, and enhancement of the Fortero Content on the Fortero Site. All Fortero Content of the Fortero Site is: Copyright © 2020 Fortero. All rights reserved.

25.  TRADEMARKS.  All trademarks, service marks, trade names, and trade dress, whether registered or unregistered, of Fortero used on the Fortero Site are trademarks or registered trademarks of Fortero. Fortero's trademarks and trade dress may not be used in connection with any product or service that is not Fortero's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fortero. Without Fortero’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Fortero or its respective owners. The Fortero Content may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Fortero, unless and except as is expressly provided in these Terms and Conditions. Any unauthorized use of the Fortero Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Fortero Site.

26.  TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that Fortero is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

27.  DISPUTE RESOLUTION; GOVERNING LAW. You hereby agree that any dispute or claim between you and Fortero arising out of, relating in any way to, or in connection with these Terms and Conditions, the Fortero Site, or any products, goods, services, or other content or materials offered or distributed through the Fortero Site (“Dispute(s)”) shall be resolved in accordance with the provisions set forth herein.

A.  Informal Resolution. Before taking any formal action as described herein, you agree that if you have any Dispute with Fortero, you will first contact us directly at support@getfortero.com, provide a brief, written description of the Dispute and your contact information (including your email address associated with your user account, if any) and allow sixty (60) days to pass, during which time Fortero will attempt to reach an amicable and informal resolution of any issue with you.

B.  Applicable Law. You agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Disputes. Such body of law will apply regardless of your residence or the location of where you use the Fortero Site.

C.  Binding Arbitration. If informal resolution is not achieved within sixty (60) days, and except as specifically stated herein, any Dispute shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Arbitration Agreement (defined below), you and Fortero are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (A) or subsection (D). The provisions of this section shall constitute your and Fortero’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement shall be in writing and signed by you and Fortero. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling (800) 778-7879. The arbitrator will apply and be bound by these Terms and Conditions, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Fortero will reimburse those fees for Disputes totaling less than $5,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Fortero will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

Contact information for Fortero’s registered agent for Disputes/Arbitration is as follows:

Agent for Service of Process
Attn: Potente, A Professional Law Corporation
4320 La Jolla Village Drive Suite, 170
San Diego, California 92122

D.  No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

E.  Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Los Angeles County, California; (ii) you and Fortero irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Fortero agree to waive any right to a trial by jury.

E.  Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 12 (Inappropriate Conduct) or Section 14 (Prohibited Uses) of the Terms and Conditions.

G.  Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

H.  Opt-Out. You may choose to opt-out of arbitration and reject the Arbitration Agreement by emailing Fortero at support@getfortero.com with your notice to opt-out (“Notice to Opt-Out”). Your Notice to Opt-Out must include your full name, street address, city, state, zip code, email address, and an unaltered digital image of your valid driver’s license. The Notice to Opt-Out must be received by Fortero no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. There are no exceptions to these opt-out procedures. If you opt-out of the Arbitration Agreement ALL other parts of these Terms and Conditions will remain in effect and continue to apply to you.

WHETHER TO AGREE TO THE ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS, INCLUDING BUT NOT LIMITED TO AN ATTORNEY, REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

28. Jury Trial and Class Action Waiver. To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute arising out of or relating to these Terms and Conditions or your ACCESS and use of the Fortero Site. You further agree that any and all disputes or controversies between you and Fortero shall be resolved on an individual basis without resort to any form of class action and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute as a class action shall not be deemed unenforceable even if the governing state law would otherwise permit the action to be filed and prosecuted as a class action.

29.  SEVERABILITY; WAIVER. If any provision of these Terms and Conditions, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms and Conditions, and, provided that the fundamental terms and conditions of these Terms and Conditions remain legal and enforceable, the remainder of these Terms and Conditions and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

30.  CALIFORNIA USE ONLY. The Fortero Site is controlled and operated by Fortero from its offices in the State of California. Fortero makes no representation that any of the content or the electronic services to which you have been given access are available or appropriate for use in other locations. Your access to or use of the Fortero Site should not be construed as Fortero’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

31.  INTERNATIONAL USE. The Fortero Site is intended only for users based in the United States. We control and operate the Fortero Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that content on the Fortero Site is appropriate or available for use in other locations or is legal in all jurisdictions. Those who choose to access or use the Fortero Site from outside the United States do so voluntarily and at their own risk and are responsible for compliance with their local laws.

32.  CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Fortero Site from California 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 by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Seiseidou America, Inc. dba Fortero, Attn: Website Administrator, 10880 Wilshire Blvd. Suite 1101, Los Angeles, California 90024, U.S.A.; or, by email at support@getfortero.com.

33.  MODIFICATIONS. Fortero may, in its sole discretion and without prior notice, (A) revise these Terms and Conditions; (B) modify the Fortero Site; or (C) discontinue the Fortero Site at any time. Fortero shall post any revision to these Terms and Conditions to the Fortero Site, and the revision shall be effective immediately on such posting. We will also revise the “Last Updated” date found at the beginning of this Terms and Conditions when we post changes to it. You agree to review these Terms and Conditions and other online policies posted on the Fortero Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Fortero Site following notice of any revision, you shall abide by any such revision. These Terms and Conditions were last modified as of the date “Last Updated”, above.

34.  ENTIRE AGREEMENT. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms and Conditions are not assignable, transferable, or sublicenseable by you except with our prior written consent. Any heading, caption, or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms and Conditions, please contact us at: support@getfortero.com.

35.  Language. It is the express intent of the parties that these Terms and Conditions and all related documents have been written in English.

36.  FEEDBACK.  We welcome feedback, comments, and suggestions for improvements to the Fortero Site (“Feedback”). You can submit Feedback by emailing us at support@getfortero.com. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of, and otherwise exploit the Feedback for any purpose.

37.  BY ACCESSING THE Fortero SITE, INCLUDING BY USING ANY ELECTRONIC SERVICES OR ORDERING ANY PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.

TERMS AND CONDITIONS PER BEYONDMD

Without limitation, it is agreed that BeyondMD is merely a telehealth platform and that your use of their service is at your own risk. You further agree that BeyondMD and its doctors will only take responsibility for your care after you’ve been accepted as a patient and that any BeyondMD doctor has the right to refuse treatment if the doctor determines you are not a proper candidate for their service.

All users understand that there are differences between telehealth and traditional healthcare and that the patient is responsible for applying all information gathered online in relation to their personal health and symptoms and assumes all risks by foregoing in-person treatment.

For all additional terms and conditions for using BeyondMD, please visit https://beyondmd.co/privacy/