MyFluVaccine Terms of Use

Welcome to the MyFluVaccine website (OrderMyFlu.MyFluVaccine.com and www.MyFluvacine.com), a division of FFF Enterprises, Inc. (collectively, the “Site”). This Site is controlled, operated and administered by FFF Enterprises, Inc. (or its licensees). All inquiries may be directed to:

MyFluVaccine Compliance Department
1-800-843-7477 Ext 1718

Your access to and use of the Site is subject to following terms of use (these "Terms of Use") as well as our Privacy Statement and all applicable statutes, orders, regulations, rules, and other laws. Any order placed or purchase made through the Site is governed by our Terms of Sale.

By accessing and browsing the Site or clicking “I AGREE” or similar links or buttons associated with or referring to these Terms of Use where these terms are referred to, you accept and agree to be bound by these Terms of Use and Privacy Statement, which are conditions of permission to access the Site. If you do not agree to these Terms of Use and Privacy Statement, you must not use the Site.

The form and nature of the services, Content (as defined below) and all information posted on the Site is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. FFF Enterprises, Inc. ("Company," "we," or "us") will make such changes by posting them here. Company and you are each a “Party” to this Terms of Use and collectively the “Parties”.

You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms of Use. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site subject to federal, state and/or local law; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. In these Terms of Use, “Affiliated Entities” means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of FFF Enterprises, Inc. You agree that neither we nor any Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, information and materials contained herein, software used to make the Site, or feature or product offered through the Site.

General Definitions. Except when specifically defined elsewhere in the context in which it appears, each word used in these Terms of Service is defined as follows:

“Cookies” means small amounts of information passed between a web site and a web browser that allow a user’s browser to “remember” that specific information later during visits to that web site, and that the web server can later retrieve.

“Non-Personally Identifiable Information” means any Personal Information that cannot, by itself, be associated with any particular individual.

“Personal Health Information” means personal information when combined with (or that includes) any information on a person’s health or medical status.

“Personal Information” is any information that may be used to identify or contact an individual person.

“Product” is any pharmaceutical or biologic made available for purchase on the Site.

“Services” means any web page, frame, or other feature of the Flu Vaccine Site accessible by end users, and all activities undertaken by FFF relating to the fulfillment of orders, procurement and delivery of Products, or taking of reservations for Products.

“Third Party” means any individual or entity other than FFF and You, including any entity that collaborates with FFF with regard to the Flu Vaccine Site.

“You” means you personally as an individual and the physician practice, hospital, clinic or other provider that you identify during registration and on whose behalf you are authorized to enter into a legally binding agreement to purchase Products.

1. Permitted Use, Limited License and Authorization to Reproduce

Subject to these Terms of Use and any other terms and conditions on the Site, Company hereby grants to you the personal, nontransferable, revocable, non-exclusive right to use the Site and download, install, reproduce, use and disclose the contents of the files or other media provided on the Site that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Company trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Site. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The Site, all of the information and materials contained herein, and the software used to make the Site available (collectively, "Content") are and shall remain the property of Company and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms of Use.

2. Minimum Requirements and Security

  • This Site and mobile application utilize encryption software. In order to use the Site or a Site, you must have a personal computer or other device with an Internet browser that has adequate encryption of at least 128-bit with TLS 1.2 or above.
  • While we use state-of-the-art security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Site, information may be transmitted over media that are beyond the control of Company or its Affiliated Entities, and their contractors and subcontractors, and that may not be secure. For example, you may receive email, text, or telephone communications in connection with your use of the Site, all of which are inherently unsecure and subject to disclosure to or access by third parties (e.g., if your phone is used by someone else, you do not keep your phone or email information up to date on the Site and communications are misdirected, or the network or systems of a telecommunications provider are hacked). Furthermore, electronic services such as those provided by Company or its Affiliated Entities, their contractors and subcontractors, and any telecommunications providers involved in the transmission of data are all inherently subject to failure and none of the foregoing can guarantee that their services will be provided without error or interruption at all times that you may wish to use those services. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF ANY SERVICE RELATED TO ANY SITE

3. Availability

You may access the Site whenever it is available to others. FFF would like to make it available 24 hours a day, 7 days a week (less downtime for maintenance, etc.) but cannot guarantee that it will actually be available. Accordingly, you should take your own precautions, such as maintaining a paper record of your Transactions and the terms that apply to your Transactions on this Site.

4. Security, Confidentiality, and Usage Guidelines for the Sites

You agree to be responsible for the administration of access to the Site in accordance with these Terms of Service. For the purposes of all information provided to and activities conducted within the Site, you agree that all actions taken and charges made directly or indirectly utilizing your passwords or other identifying mechanisms will be attributed to and legally bind you and, to the extent allowed by law, your agent. You should change password information immediately if you or an agent suspect that someone else has gained unauthorized access to it or if you want to withdraw authorization. Password information may be changed only by the user. You (and agents, if lawful) will be bound by uses of password information even if the person using it had no actual authority or acted in error or made an error. Accordingly, you agree, and agree to cause your agents, to protect password information as confidential information and to save it in an appropriate manner and place, prohibiting access by unauthorized users. We secure your personal information from unauthorized access, use or disclosure. The personally identifiable information you provide is maintained by us on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted from your PC and/or mobile devices to the Site, it is protected through the use of encryption, such as Transport Layer Security (TLS) protocol. As a user of the Site, you hereby agree that you (and not Company or its Affiliated Entities) are solely liable for viruses, worms, Trojan horses, cancel bots, and other electronic mechanisms designed to destroy or impair the functioning of computer systems already residing on your PC and/or mobile device.

5. Site Users Responsibilities

  • You may not modify, adapt, alter, translate or make derivative works based on any software or other Services provided by FFF or Affiliates. You agree to provide accurate, current and complete information about yourself (including but not limited to contact and professional licensure information) as prompted by any registration form presented to you on the Site and to maintain and correct such information as appropriate, including when it appears in fields that are “pre-populated” with information previously supplied by you in any circumstance.
  • You also agree:
    • that you will protect password information and prohibit access by unauthorized users.
    • that the email address that you provide during registration (as updated by you from time to time) will be used for all communications regarding this Site and your Transactions and other activities on this Site.
    • that clicking a button labeled “Confirm—Sign and Accept”, “Signature Confirmed-Submit” “Purchase”; “Complete Transaction”; “Sign and Submit Order”, “I agree” constitutes your signature and represents your intent to sign and be legally bound by the terms of the specific Transaction pursuant to the Agreement to Conduct Transactions Electronically, which is incorporated herein by this reference.
    • that you will not upload or transmit any communications, content or code of any type that infringes or violates any rights of any party or that burdens, harms or interrupts Site performance.
    • that you will not use the Site for any purpose in violation of local, state, national or international laws.
    • that you will not use the Site as a means to distribute advertising or other unsolicited material to any third party.
    • that you will not post material that is unlawful.
    • that you will not impersonate another person or create any false records for yourself or others.
    • that you will comply with the applicable requirements of any Internet site operated by an Affiliate, as well as such further limitations as may be set forth in any written or on-screen notice from any Affiliate.

6. Investigation of Violations

We may investigate any complaints or violation of these Terms of Service or our policies and take any action we deem appropriate under the circumstances to protect our systems, facilities, customers and/or third parties.

7. Copyrights and Trademarks

All content of the Site, other than visitor Submissions (as defined below), are: Copyright 2019 FFF Enterprises, Inc. All rights reserved.

The FFF Enterprises name and logo, all other FFF company and affiliate logos, including but not limited to the MyFluVaccine name and logo are either trademarks or registered trademarks of FFF. You acknowledge FFF's exclusive rights in the foregoing trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of FFF or the party that provided such intellectual property to FFF. FFF and any party that provides intellectual property to FFF retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you. Other product and company names mentioned on this Site may be trademarks of their respective owners. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

8. Copyright Infringement Notification

Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for the Site in the manner described below.

By Mail:

FFF Enterprises, Inc.
44000 Winchester Road
Temecula, California 92590
Attn: Chief Compliance Officer

By Email: fffethicshotline@integritycounts.ca

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

  1. ) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. ) Identification of the copyrighted work claimed to have been infringed;
  3. ) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material;
  4. ) Information reasonably sufficient to permit Company to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
  5. ) 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 law; and
  6. ) 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 copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.

9. International Users

The information presented on the Site is intended for use in the United States only. The Site is controlled, operated and administered by Company (or its licensees) from its offices within the United States of America and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The conditions and qualifications contained herein will be construed in accordance with the laws of California, United States of America, without regard to its conflict of law provisions.

10. Termination of Access

These Terms of Use are in effect until terminated by either party. You may terminate this agreement and any account created through the Site at any time, by destroying all materials obtained from all Company Sites, along with all related documentation and all copies and installations.

In addition to any right or remedy that may be available to Company under applicable law, Company may suspend, limit, or terminate all or a portion of your access to the Site, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site will immediately cease. In addition, Company may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Company and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Site.

11. Accuracy of Information You Submit

You may be permitted to or asked to submit information to the Site. You expressly represent and warrant: (a) that you have the authority to provide Company with all such information; (b) that all such information may be used by Company for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Site.

12. Content you share with us

We may include features on the Site that allow you to share your information, comments, reviews, ideas, concepts, drawings, and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “User Content”) with us and other users of the Site. Please note that by sharing User Content through the Site, your User Content may become publicly accessible and will not be subject to any confidentiality restrictions. You grant to Company and its Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you:

  • to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content, in any media now known or hereafter developed, for Company and/or the Affiliated Entities' business purposes,
  • to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law, and
  • to use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether in connection with your submission.

The foregoing licenses shall survive any termination of your use of the Site. For all of the User Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such User Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.

Please note that we do not solicit or encourage submissions of User Content containing ideas or suggestions relating to the Site, our business or our Affiliated Entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our Affiliated Entities will have no obligations with respect to such ideas or suggestions (including without limitation, confidentiality) and may use them for any purpose whatsoever. You understand and acknowledge that Company has both internal resources and other external resources which may have developed, or may in the future develop, ideas identical to or similar to any ideas or suggestions or comments to suggestions you may submit. Any idea or suggestion you submit to us shall be subject to the foregoing User Content policy and terms.

13. Monitoring; Removal of Submissions

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on the Site; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose.

14. Links to Other Sites

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site without prior notice.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

15. Privacy

We take your privacy seriously. Your submission of personally identifiable information and personal data through the Site is governed by Company's Privacy Policy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

16. Disclaimers


Technical Disclaimer

The material in this Site could include technical inaccuracies or other errors. Your use and browsing of the Site are at your risk. Company does not warrant that the functional aspects of the Site will be uninterrupted or error free or that this Site or the server that makes it available are free of viruses or other harmful components.

FURTHER, WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.

General Disclaimer

WITHOUT LIMITING THE FOREGOING, COMPANY, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (a) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE SITE and/or any of its features WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE ONLINE STORE, IS AT YOUR OWN RISK; AND THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING THE ONLINE STORE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE INCLUDING THE ONLINE STORE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER COMPANY, NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. Indemnification

To the maximum extent permitted by law, you agree to defend, hold harmless and indemnify Company, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; or (ii) your use of the Content or services available on the Site in any unauthorized manner or (iii) your use of any items obtained through the Site.

18. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

19. Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Company under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

20. California Consumer Protection Information

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Governing Law; Forum

The laws of the State of California shall govern these Terms of Use, without regard to its conflict of laws principles. Subjection to the arbitration requirements below, you hereby expressly consent to the exclusive jurisdiction of and venue in the courts located in the State of California, and waive any objection to such courts, including without limitation, on the basis of personal jurisdiction, venue or inconvenience of the forum.

22. Arbitration

In the event of any controversy or claim arising from or relating to this Terms of Use or the breach thereof (a “Dispute”), the Parties shall use their commercially reasonable efforts to settle the Dispute by negotiating with one another in good faith. If the Parties do not resolve the Dispute within twenty (20) days from the first sending of notice of the Dispute by either Party to the other Party, the Dispute(s) shall be finally settled by confidential arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). Either Party may commence the arbitration by filing a demand for arbitration in accordance with the Rules and providing notice thereof in accordance with this Terms of Use. The arbitration shall be governed by the Federal Arbitration Act. The language of the arbitration shall be English, and the seat of arbitration shall be San Diego, California. Unless the Parties agree otherwise in writing: (a) the Dispute will be submitted to one arbitrator, and (b) the consent of the Parties to selection of the arbitrator shall be contingent on the arbitrator’s commitment at the time of appointment to exercise reasonable efforts to issue a final award within six (6) months of such appointment. The confidentiality requirements of this Terms of Use shall apply to all aspects of the dispute resolution process set forth in this Section, including all written or oral submissions and exchanges of information in the arbitral proceedings and all settlement or other discussions relating to the Dispute. Each Party shall be responsible to pay arbitration fees (including filing, administrative, hearing and/or other fees) calculated in accordance with the Rules, without any fee-shifting. Each Party shall be responsible for payment of its own legal fees and related expenses. Any award rendered by the arbitrator shall be final and binding on the Parties and may be confirmed by any court of competent jurisdiction.

23. Class Action Waiver

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

24. Miscellaneous

  • This Terms of Use and the Privacy Statement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.
  • These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.
  • Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • To the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Company with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail.
  • Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion (in the latter two situations, via the most recent address that we have on file).
  • The Site may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices.
  • Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last Updated: 1/12/2023