Welcome and thank you for your interest in Bandoo products. These Terms & Conditions (the “Terms”) govern the users (the “you”, “your”) use of the website https://getbandoo.com / (the “Website”) and specifies the terms and conditions which applies to the sale of goods and services that are offered on the Website (the “Products”).
1. INFORMATION ABOUT THESE TERMS AND AGREEMENT
1.1. By using the Website you agree that you accept these Terms and that you will comply with them. Before making any purchase on the Website please make sure to read our Shipping Policy (https://getbandoo.com/shipping/) and Cancelations and Returns Policy (https://getbandoo.com/return/), as these documents forms an integral part of these Terms and are equally binding to you. If you want to know more about how we handle your personal data and cookies you should read our Privacy Policy (https://getbandoo.com/privacy/).
1.2. If you do not agree to these Terms, you should not access or use the Website. If you have any queries or questions about the provisions of these Terms then please contact us before proceeding with the use of the Website.
1.3. Please read these Terms carefully before using the Website or submitting an order to us as these Terms will affect your rights and liabilities under law and tell you who we are, how we will provide Products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.4. We recommend that you print or save a copy of these Terms for your future reference as we may update or change them from time to time, and we do not warrant that we will file and keep a copy of these Terms specifically in relation to your order.
2. WHO WE ARE AND HOW TO CONTACT US
2.1. We are MB Versus Media, trading as Bandoo, which is a limited liability company incorporated in the State Enterprise Register of Lithuania, company No. 305917123, with a registered office address at Santariškių g. 75-23, LT-08457 Vilnius (hereinafter – “Seller”, “we”, “us”, “our”). Whenever you’ll be buying anything on the Website you will be entering into an agreement with us.
2.2. If we need to contact you, we will do so by telephone, sending a short message to your mobile phone or by writing to you at the email address or postal address you provide to us in your order. We may also contact you if you were not able to successfully complete your purchase on the Website due to technical errors, unsuccessfully processed payment, failure to provide correct billing and shipping information, or if you were unable to complete the purchase due to other reasons. By accepting these Terms, you agree to be contacted by any contact details you give to us.
2.3. In some circumstances your payment may be processed, and your contract may be with one of our group companies or joint venture partners, depending on the payment method that you would choose to pay for the purchase and your geographical location.
3. YOUR STATUS AND RESPONSIBILITIES
3.1. By placing an order with us, you are confirming that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years of age;
(c) You are a consumer and you are purchasing the Products for your own private use as opposed to commercial, industrial or business use;
(d) The personal information which you are required to provide when completing your order is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity;
(e) You are paying for your order with a credit card or other payment method that belongs to you, or the owner of the credit card or other payment method has legally authorized you to use it for placing an order on the Website.
3.2. All Products sold on the Website are sold for personal use only and we do not allow any resale of our Products. We reserve the right to limit the total number of items that you can purchase on the Website within a specific time frame.
3.3. We reserve the right to reject any of your orders if we believe that your confirmations specified in Clause 3.1 above are false. We may do that regardless of whether you have already placed your order and made the payment or not. If we reject your order after receiving the payment from you, we will issue a full refund within 14 days from the cancelation.
3.4. You may not use the Website, Products or services for any illegal or unauthorized purpose nor may you, in the use of our Products or services, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.5. You must notify us immediately of any changes to your personal information by contacting our customer support as specified in Clause 2.2 above. We will not be responsible for any undelivered orders if you fail to provide us with up to date personal contact information.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1. We will treat and process your personal information in accordance with our Privacy Policy. By using the Website and placing your orders on the Website, you consent to such processing, and you warrant that all data provided by you is accurate. Please be noted that due to applicable laws and regulations, we might treat personal information of European Union customers differently from customers located in other geographical regions.
4.2. When you shop on the Website, we will ask you to input personal details which we might use in order to identify you, fulfilling your orders and delivering them to you, to contact you, and to send you marketing information about our products.
4.3. We may send you short marketing messages to your phone (SMS) if you will agree to that on the Website. You can cancel your permission to receive marketing SMS anytime by sending a word “STOP” as a reply to the SMS that you will receive from us. We will not send you marketing SMS’ more often than 3 times per week. Our marketing SMS’ are free of carrier costs and fees, thus you will not be charged for any SMS that you will receive from us.
4.4. If you agree to receive marketing SMS, we may also transfer your phone number details to our partners or companies that belong to our companies’ group. Neither we, neither our partners will not send you any marketing SMS if we don’t have your permission to do that.
4.5. Please be noted, that we do not collect, store, use or process your debit/credit card information that you would use when placing an order on the Website. All details of your debit/credit card that you would fill in the check-out form are transferred directly to the payment processing service providers via a secure gateway. Once your debit/credit card details are forwarded to the payment processor, your debit/credit card details are stored by the payment services provider which sends us a “token” with which we can identify if your payment was successful and link your payment to your order. Our payment processing service providers are only licensed financial institutions that must follow highest security protocols and standards applicable. If you make further purchases on the Website you may not need to fill in your debit/credit card details again if we will be able to identify you and your payment card details can be recreated by the payment processing services provider by using the unique tokenization code. However, even with the unique identification code, we will not be able to see your debit/credit card details under no circumstances.
4.6. If upon completing your purchase you would agree that we save your payment information for future purchases, we would then store and save only the “token”, which will allow us to identify your previously used payment method on our shop. On such occasion, your credit/debit card details will not be revealed to us, but we will be able to initiate payments in the future by sending your unique payment “token” to the payment service provider which were used to process your previous orders. If you will decide to save your payment information you will be able to use it for future purchases on the Website and other online stores that are operated by us or our partners.
4.7. We take the risk of internet fraud and fraudulent credit card transactions very seriously. If we have a suspicion that someone is illegally using your credit card for making fraudulent purchases on the Website, we might contact you, by the details provided in the check-out page of the Website, in order to identify you. Also, we reserve the right to reject any purchase requests and inform the police if we have a reasonable ground to believe that the payment method used when placing an order on the Website is used illegally and without the owners consent.
5. OUR PRODUCTS
5.1. The Website is dedicated to selling Products that are intended to be used for consumer’s personal use only. None of the Products on the Website are suitable for any industrial or commercial use, including resale.
5.2. The Products on the Website are meant to be used by adult consumers only. The Products should not be given to, used by or used on children.
5.3. The Products on the Website are made in China by licensed manufacturing facilities that can confirm their compliance with product safety and manufacturing standards.
5.4. Most of our warehouses are located in United States, thus once you place an order on the Website, your ordered Products shall be sent to you directly from our warehouse in United States. Depending on the place of your residence and the delivery address that you will provide to us, your purchased Products might be subject to import duties and charges that might be applied by your local customs bureau.
5.5. We have made every effort to ensure that the Products conform to the photographs and descriptions provided on our Website. Please note that we might change the design of the package of the Products without separate notice and we do not warrant that the package of the Products will be identical to the ones displayed on the Website.
5.6. We may also make minor changes to the Products without notifying you in order to conform with any applicable safety or other legal or regulatory requirements, or if we need to implement minor technical adjustments and improvements that will not affect the your use of the Products.
5.7. You can find more detailed information about our Products, including the ingredient panel, on the Website and in the FAQ section Website.
6. OUR CONTRACT WITH YOU
6.1. Our Website will guide you through the ordering process. Before placing your order on the Website, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms carefully before submitting your order. If you are unsure about any part of these Terms, please contact us before placing your purchase order on the Website.
6.2. Our acceptance of your order will take place when we send you a order confirmation email, at which point a contract between you and us will come into existence. Your contract with us will relate only to those products confirmed in the order confirmation email.
6.3. If we are unable to accept your order for any reason, you will be notified by email and you will be offered an option to either wait until the item is available from stock or to cancel your order. This may be because the Product is unavailable due to manufacturing or distribution delays, or because we have identified an error in the description of the product. In case we are unable to accept and fulfill your order we will make a refund to you as soon as possible.
6.4. Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order. Once your order is submitted we will only be able to make changes to it, while your ordered Products are not sent out to you. From the moment your ordered Products leaves our warehouse and is on its way to be delivered to you, we will not be able to accept any changes to the order. However, in such case, you do have the right to cancel your order, as specified in Section 10 of these Terms, and place a new one on the Website.
7. DELIVERY
7.1. Information about delivery times and prices will be provided to you on the checkout page of the website and orders will be delivered to the address you specify. All Products are dispatched within 2 business days of receipt of your order.
7.2. We may offer a few delivery options that could differ in price and delivery time. If you opt for a non-standard delivery, we will not refund you the delivery costs if you decide to cancel or return your order.
7.3. If your order has not arrived by the estimated delivery date, please contact us as soon as possible so we can investigate.
7.4. If you are not home when the goods are delivered we may leave the goods in a safe location or, if no one is available to accept delivery, re-deliver the goods on a different day.
7.5. If we fail to deliver within the time specified or, if no time has been specified, within 30 days of receiving your order, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract and cancel your order.
7.6. Delivery will be deemed to have taken place when the goods have been delivered to the delivery address specified by you in your order and you (or someone identified by you) have taken physical possession of the goods.
7.7. The responsibility (sometimes referred to as ‘risk’) for the goods remains with us until the goods have been delivered to the delivery address specified by you in your order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the goods from the customs and pay import duties, or you do not collect the order from the delivery address which you specified.
8. PRICE AND PAYMENT
8.1. The prices for our Products are displayed on the Website. All prices on the Website are subject to change without prior notice. Also, we may use dynamic pricing and change the prices of the Products depending on the demand.
8.2. Please be noted that all our Products will be sent to you from United States or China. Accordingly, depending on the laws that applies in your specified delivery address, your ordered Products might be subject to import fees. We recommend that you would check with your local customs office to find out what type of import fees would be applied (if any) for your ordered Products.
8.3. We accept payments by credit or debit card and PayPal. Payments will be debited and cleared from your account immediately after placing your order on the checkout page on the Website. Once you make a payment on the Website, your debit/credit card details will be transferred to the payment processor which may store your payment details for future purchases and identification.
8.4. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
8.5. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
8.6. Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
9. RETURNS & REFUNDS
9.1. You have the right to refuse your purchased Products and cancel the agreement between you and us without giving a reason therefor within 30 (fourteen) days from the date of delivery (receipt) of your ordered Products, or if you have ordered more than one Product in a single order and Products are delivered separately – from the day of delivery (date of receipt) of the last product, or if goods are delivered in different batches or in parts, – from the date of delivery (receipt) of the last batch or part. You may refuse the Agreement by electronic means of communication by sending a notice on the refusal to our customer support team as specified in Clause 2.2 of these Terms. Your notice should clearly indicate your refusal of the Agreement. You shall also provide a purchase document (invoice, receipt, etc.) by sending its copy together with the notice of the refusal, evidencing that the goods were purchased from us.
9.2. To meet the withdrawal deadline (30 days) you must send back to us the Products that you want to return before the withdrawal period expires. We will not accept returns if they were sent out to us later than within 30 days from the receipt of the Products.
9.3. Please be noted that we will only accept the returned Products if it was not used, undamaged, and sent back to us in the original package. If we determine that the returned Products were used but still in an operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Thus, if we find that the returned Product was used, we might deduct the diminished value from the refundable amount.
9.4. If you receive Products of poor quality, you may ask us to exchange the goods of inappropriate quality with appropriate Products, to reduce the price of the Products and recover the amount paid therefor.
9.5. If the Products returned are damaged, disorderly and/or inappropriately packaged or not in full composition, we shall have the right to refuse to accept the goods returned and to return the money paid by you for the goods being returned.
9.6. If you wish to return a product, you will be responsible for covering the shipping costs for returning the Products and we will not compensate your shipping costs, except when you are returning a defective, wrong or otherwise bad item.
9.7. All refunds are made by using the same payment methods or platforms that you have used when placing your order on the Website. We will not be able to make the refund to any account or by using any method other than the one you have used when making your purchase.
9.8. All refunds for the returned Products will be issued to the customer within 30 days after the day the returned Product was delivered to us and we’ve inspected it.
9.9. We shall apply a restocking fee, which will be 10% of the value of the returned products. Please be noted that this restocking fee shall apply only to consumers outside the European Union.
10. QUALITY AND WARRANTY OF GOODS
10.1. General properties of Products being sold shall be provided in the Website next to the product description of each item. If the characteristics or properties of goods indicated in the product name or the description differ or contradict each other, information presented in the product description shall be considered correct.
10.2. The Products in the photos published in the Website may not correspond in color, shape or other parameters to the actual size, shape and color of the goods due to the characteristics of the electronic devices used by you or other technical reasons, as well as reasonable discrepancies in appearance.
10.3. The expiration date of the Product is indicated on the packaging and Product description. Please be noted that our Products are considered as perishable goods and thus we can only warrant you that your purchased Products will be fit for purpose until the end of the expiration date. Please follow the instructions of use which will be provided on the package of the Products.
(a) If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies:
(b) Beginning on the day that you receive the goods you have a 30 day right to reject the goods and to receive a full refund (this is called the ‘short term right to reject’). Please note if any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period;
(c) If you do not wish to reject the goods, or if the short term right to reject has expired, you may request that the goods be replaced or repaired. We will bear any associated costs and will provide the repair or replacement (as applicable) within a reasonable time and without significant inconvenience to you;
(d) where a repair or replacement is impossible, disproportionate, or you do not agree with that, we may instead offer you a full refund.
11. RULES OF CONDUCT
11.1. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws.
11.2. We have the right, but not obligation, to investigate any illegal and/or unauthorized use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must:
(a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law;
(b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights;
(c) Comply with all policies posted on the Website;
(d) Not transfer, legally or factually, your registered account to any other person without our written consent;
(e) Provide honest and accurate information to us;
(f) Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation;
(g) Not reformat, format, or mirror any portion of any web page of the Website;
(h) Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us;
(i) Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users;
(j) Not commercially resell, redistribute or transfer any Products that you buy from us;
(k) Not interfere in any way with security-related features of the Website;
(l) Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(m) Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth;
(n) Not perform any other activity or action which would be incompliant with these Terms or applicable laws.
12. LIABILITY AND DAMAGES
12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
12.2. If we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
12.3. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
12.4. We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
12.5. If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any goods you have paid for but have not received.
12.6. We do not guarantee that your use of the Website will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Website for indefinite periods of time or cancel it at any time.
12.7. All Products offered on or through the Website are provided “as is” and without warranties or any kind either express or implied.
12.8. If You are dissatisfied with the Website or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
12.9. Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the Website’s contents without prior written approval by us. If our intellectual property rights specified herein are breached, we may take legal action against anyone responsible for the breach.
12.10. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.
13.11. Nothing on the Website should be considered as health-related advice. We are not a medical organization and our products are not medical devices, neither drugs. Our Products are not intended to be used as a remedy, treatment or mitigation of any disease or health condition.
13. INDEMNIFICATION
13.1. You agree to indemnify, defend and hold us and our affiliates, and respective officers, directors, owners, agents, information providers, and licensors harmless from and against all claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) in connection with:
(a) Your use of, or connection to, Our Website;
(b) Any use or alleged use of Your account or Your account password by any person, whether or not authorized by You;
(c) The content of information submitted by You to Us;
(d) Your violation of the rights of any other person or entity;
(e) Your violation of any applicable laws, rules, or regulations.
13.2. We reserve the right, at our own expense, to assume defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in defense of such claim.
14. INTELLECTUAL PROPERTYy
14.1. With regards to these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind whether they are registered or not (“Intellectual Property“).
14.2. All Intellectual Property displayed on the Website or provided to You in any other form are protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.
14.3. All Intellectual Property displayed on the Website or provided to you in any other form belong to us, except third-party trademarks, service marks, or other materials, which are used by us. No such Intellectual Property may be used without our written consent.
15. FINAL PROVISIONS
15.1. All information provided on the Website, including, but not limited to these Terms, information about us, our offered goods and services, and their properties, procedure of implementation of your right to refuse the agreement, warranty services provided by us and warranties (if any) shall be deemed to have been submitted to you in writing.
15.2. We may transfer our rights and obligations under these Terms to another organization without prior notice. However, any such transfer will not affect your rights under these Terms.
15.3. Only you and us are entitled to enforce these Terms. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
15.4. If any part of the Terms shall be deemed 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 of the Terms.
15.5. Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
16. AMENDMENTS
16.1. We reserve the right to amend these Terms at any time and under our own discretion. Read these Terms regularly in order to verify the existence of any new amendments. On this site, we will publish any announcements pertaining to any amendments and additions that will be made to the provisions of these Terms. Amendments will not apply retroactively and will be applicable starting from the date of publication.
16.2. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
17. DISPUTES
17.1. These Terms have been prepared in accordance with EU & US consumer rights regulations and United States national law. Unless the laws of your place of residence would set specific laws regulating the legal relationship between you and us, the laws of the United States shall apply.
17.2. FOR EU CUSTOMERS: If you have any complaints about our Products or services please contact our customer support and we will do our best to resolve any issues you might have. If we fail to resolve your issues to your satisfaction, you may provide your complaints to your local consumer protection agency or local courts. If you are a citizen of European Union country, you can also fill out an Online Dispute Resolution form on the EGS portal at http://ec.europa.eu/odr where you will also find useful information about your consumer rights and how to exercise them. You may also contact State Consumer Rights Protection Authority (SCRPA) of the Lithuanian Republic (address Vilniaus g. 25, 01402 Vilnius, Lithuania, email: [email protected], telephone 8 5 262 67 51, fax 8 5 279 14 66, website vvtat.lt) or any of its subdivisions, or other institutions considering consumer disputes.
17.3 FOR US CUSTOMERS: Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Wyoming before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bandoo’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.