Necoa Terms of Use

These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.

These Terms of Service (“Terms”) govern your use of any of the Necoa websites (each “Sites”) and other services offered by Necoa, as well as services offered through third parties integrating Necoa functionality (“Services”). Necoa, Inc. (“we” or “us” or “Company”) provides the Sites and Services. “You” refers to you as a user of the Sites or Services.

BY USING THE SITES OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.

Eligibility; Account Creation: To use our Services, you must register for an account and must provide accurate and complete information to do so. You may not share your account credentials or let anyone else use your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account; These Terms of Service (“Terms”) govern your use of any of the Necoa websites (each “Sites”) and other services offered by Necoa, as well as services offered through third parties integrating Necoa functionality (“Services”). Necoa, Inc. (“we” or “us” or “Company”) provides the Sites and Services. “You” refers to you as a user of the Sites or Services.; You must be at least 13 years old to use the Sites or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Sites and Services with permission from your parent or legal guardian.

1. Terms of Sale

Shipping: When you make a purchase on the Sites (an “Order”), it will be shipped to the address designated by you, provided that the shipping address is compliant with the shipping restrictions contained on this Site. All purchases made from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from this Site shall pass to you upon delivery of the products to the shipping/delivery carrier. You are responsible for filing any claims with the shipping/delivery carriers for damaged and/or lost shipments.

Inaccuracy Disclaimer: From time to time, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your Order). If you do not wish to continue with your Order after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your Order.

Return and Refund / Order Warranties: Our products are new and cannot be refurbished or reused. As such once installed, the products are not subject to refund or return. In the event of your discovery of any material malfunction in the operation of the product after installation, you must notify us within 24 hours (or as soon as reasonably possible) of the discovery. Moreover, you must notify us immediately upon the discovery of an emergency condition relating to any product. At your request, we will repair or remedy any defective or dangerous condition respecting product. We will bill you for the reasonable cost and expense of such repairs unless we are deemed to be the cause of the defective or dangerous condition, or the repairs are covered by our Warranty Policy.

Each Order is subject to our Warranty Policy which is available https://www.necoa.com/customer-support/fee-warranty. For products subject to the Membership Agreement, the warranty provision contained in the Membership Agreement shall govern and prevail.

Special Offers: Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Installation Terms: Water purifier installation services are provided at the address specified by you, as long as the designated address complies with the installation restrictions outlined on our Sites. Ownership of the product may belong either to you or Necoa, depending on the purchase type (e.g., Membership Agreement or once-off purchase). Necoa will only cover issues relating to defects in material or workmanship during ordinary consumer use arising within the warranty period. Please refer to our Warranty Policy for additional information.

2. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

3. Acceptable Use of the Sites and Services

You are responsible for your use of the Sites and Services, and for any use of the Sites or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Sites or Services, you may not:

ㆍviolate any law or regulation;
ㆍviolate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
ㆍpost or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
ㆍsend unsolicited or unauthorized advertising or commercial communications, such as spam;
ㆍengage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Sites or Services;
ㆍtransmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
ㆍstalk, harass, or harm another individual;
ㆍimpersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
ㆍuse any means to scrape or crawl any Web pages contained in the Sites;
ㆍattempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Sites or Services;
ㆍattempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Sites or Services; or
ㆍadvocate, encourage, or assist any third party in doing any of the foregoing.

4. User Content

The Sites and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

You promise that:

ㆍyou own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
ㆍyour User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

5. Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Sites and Services, including all software, text, media, and other content available on the Sites and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Sites and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Sites and Services are copyright © Necoa, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Necoa.

6. License

We grant users a limited, non-exclusive, non-transferable, and revocable license to use the Necoa Account in accordance with these Terms and the instructions provided in the Necoa Account. You may only use our Necoa Account for personal, non-commercial purposes.

7. Internet

The Necoa Account may require internet access to provide certain features to you. You acknowledge that access to the internet may result in charges depending on your internet payment plan, and that we are not responsible for any fees or the availability or speed of the internet.

8. Electronic Communications

You agree to receive all contracts, notices, disclosures, and other communications electronically, including via email, push notifications, pop-ups, or SMS messages (provided you have consented to receive SMS messages).

9. Copyright and Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act . If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

ㆍYour address, telephone number, and email address.
ㆍA description of the copyrighted work that you claim has been infringed.
ㆍA description of where the alleged infringing material is located.
ㆍA statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
ㆍAn electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
ㆍA statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

kjseok@necoa.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

ㆍYour physical or electronic signature;
ㆍIdentification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
ㆍA statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
ㆍYour name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

10. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others.

11. Links

The Sites and Services may contain links to other websites and online resources. A link to a third party’s websites does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party websites. You should always read the terms and conditions and privacy policy of a third-party websites before using it.

12. Changes to the Sites or Services

We enhance and update the Sites and Services often. We may change or discontinue the Sites or Services at any time, with or without notice to you.

13. Termination

We reserve the right to not provide the Sites or Services to any person. We also reserve the right to terminate any user’s right to access the Sites or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Sites and Services automatically terminates.

14. Disclaimer and Limitations on Our Liability

YOU USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITES OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITES OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITES OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT IN THE CASE OF A MEMBERSHIP AGREEMENT, THE TOTAL CUMULATIVE LIABILITY SHALL BE DETERMINED IN ACCORDANCE WITH THE LIMITATIONS OF LIABILITY SECTION UNDER THE MEMBERSHIP AGREEMENT.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

16. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at support@necoa.com, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration .

17. Arbitration Agreement & Waiver of Certain Rights

You and Company agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Company or you and a third-party agent of Company (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at https://www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at support@necoa.com. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with Texas Rule of Civil Procedure 200.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with Company.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Company at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Company. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Company will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Company. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Company will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Company Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

18. Domestic Use; Export Restriction.

We control the Services from a location outside the United States, namely the Republic of Korea. Notwithstanding this, we make no representation that the Services or their contents are appropriate or available for use in other locations. Users who access the Services from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Services may be downloaded in violation of United States law.

19. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature relating to these Terms, the Sites, or Services will be filed only in the state or federal courts located in, Dallas, Texas. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

20. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Sites. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Sites or Services, you are agreeing to the revised Terms.

Please print a copy of these Terms for you records and PLEASE check the Sites frequently for any changes to these Terms.

Effective Date | April 23, 2025