Upgraded Terms and Conditions

This website, www.myupgradedfitness.com ("Website”) is operated by UPGRADED FITNESS LIMITED (“Upgraded”, “Company,” "we," “us,” or "our"), and we offer weight management products (“Products”) for sale. Company offers Programs for sale subject to these Terms and Conditions (the "Terms"), which may be updated by us from time to time.


By accessing our Website and/or using our Products or services in any way, you (“you”, “your”) are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of Products or services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products or services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products or services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products or services. You agree that Company is permitted to access and use any other information provided by you to provide Products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products or services we provided to you.


IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.


Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.


Access to the Website and Restrictions on Your Use

Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You agree that you will not do any of the following regarding the Website:


  1. Use the Website or any Products or Materials in a matter that will violate any law or regulation.

  2. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

  3. Post or send any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable.

  4. Post or send any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights.

  5. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

  6. 


  7. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.

  8. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.

  9. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.

  10. 


  11. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.

  12. "Frame" or "mirror" the Website or any part.

  13. Post or send any unauthorised advertising, spam or junk mail or engage in any solicitation.

  14. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.


Purchasing Items Featured on our Website

Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering Products featured on the Website, please note that the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you should contact our customer service department at support@myupgradedfitness.com.


Custom Plans

After purchase of our Products involving a customised plan, Upgraded requires a detailed questionnaire to be completed by the person that the plan is being created for. By completing this questionnaire you recognise and acknowledge that in preparing this questionnaire you have disclosed true accurate and fair information about your health. Upon receipt of your plan you agrees to confirm with your physician that you are medically cleared to engage in this type of athletic program. You understand that providing false information and failing to seek a medical opinion as to your ability to carry out these plans could result in serious bodily injury and even death.


You are required to carefully review any provided plans against existing food allergies that you may have. It is your responsibility to verify that the plan does not use foods for which you may be allergic. While we attempt to tailor each plan to meet your dietary needs, the ultimate burden of ensuring that you do not eat a food with which you may have an allergy to rests with you. You also understand that these plans are not a medical service and have not been reviewed by a medical doctor or health care professional and we do not warrant them as being reviewed by such. By completing the questionnaire you specifically agree to indemnify and release Upgraded from any injury resulting from a discrepancy in this questionnaire or from own failure to seek medical advice to verify one's ability to engage in the athletic plan. You understand and appreciate that these plans require proper supervision by a doctor. You agree to review this plan with your doctor or otherwise indemnify Upgraded from any liability from using this plan without a doctor. You specifically understand that Upgraded does not have doctors on staff and that this service is provided to be used in conjunction with proper medical guidance.


You also hereby agree to the Medical Disclaimer available on this Website.


All testimonials contain shown on our website are from real individuals, however, they are examples of the results that particular individuals have achieved, and may not be indicative of the results that you are likely to achieve with your custom plan.


Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.


Cancellation and Refund Policy

We offer a 30 day money back guarantee on all purchases made on the Website, All refunds will be calculated according to the actual purchase price paid at the time of purchase. Please note that returns for credit and debit card transactions are issued within two (2) business days, however it may take up to five (5) for the credit to post to your credit card or bank account. If you are mistakenly sent a different product than what you ordered, or if the product is defective upon receipt, we will replace the product at no additional cost to you. Excluded from this warranty's coverage are 30 day challenge purchases and custom diet & training plans. If the contestant is unable to participate during the contest month they signed up for, please send an emailto support@myupgradedfitness.com and the contestant will be moved to a future contest month of their choice in Company’s sole and absolute discretion.


We may make special offers on our Website, via telephone, email or otherwise. If there is a variation or conflict between the terms of the special offer and these Terms, these Terms will apply and take priority unless the modification specifically references these Terms.


To request a refund or exchange, contact Customer Service at support@myupgradedfitness.com during regular business hours, Customers ineligible for a refund may be granted a partial refund in our sole and absolute discretion.


We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.


Modification or Suspension of the Website

You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically we strongly recommend you download all purchased content so that it is available to you in the event this website is no longer live.


Content Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US. FURTHER, WE STRONGLY ENCOURAGE YOU TO REVIEW THESE WORKOUTS, SUPPLEMENTS, TRAINING PLANS, OR ANYTHING ELSE FOUND ON THIS SITE WITH YOUR PHYSICIAN. SHOULD YOUR PHYSICIAN ADVISE AGAINST ANYTHING ON THIS WEBSITE YOU AGREE TO NOTIFY US IN WRITING IMMEDIATELY AND CEASE FOLLOWING ANY CONTENT ON THIS SITE UNTIL SAID TIME THAT YOUR PHYSICIAN APPROVES OF THE WORKOUTS, SUPPLEMENTS, TRAINING PLAN, OR ANYTHING ELSE FOUND ON THIS SITE. BY USING THIS SITE YOU SPECIFICALLY AGREE TO COMMUNICATE WITH YOUR PHYSICIAN AND YOU AGREE TO INDEMNIFY COMPANY FOR ALL INJURIES STEMMING FROM FAILING TO REVIEW THE PLAN WITH YOUR PHYSICIAN OR FOLLOWING THIS EXTREMELY IMPORTANT PHYSICIAN REVIEW ELEMENT.THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.


Disclaimer of Warranties With Respect to Use of Website and Products and Services

Upgraded tries to provide only the most helpful and accurate information, but Upgraded cannot verify, endorse or vouch for the information, services or recommendations available through the Website. Upgraded isnot responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website or for any health problems that may result from training programs, Products, or events you learn about through the Website.


THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.


Limitations of Liability and Damages

YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. HOWEVER IN JURISDICTIONS WHERE THIS LIMITATION OF LIABILITY MAY BE ILLEGAL OR OTHERWISE ENFORCEABLE YOU AGREE TO THE HIGHEST LIMITATION OF LIABILITY AS WOULD BE PERMITTED UNDER APPLICABLE LAW AS LONG AS IT DOES NOT EXCEED WHAT IS AGREED TO IN THIS DOCUMENT. YOU UNDERSTAND THAT FOLLOWING THIS OR ANY FITNESS ADVICE MAY LEAD TO INJURY OR DEATH AND YOU AGREE TO ASSUME THE RISK OF INJURY OR DEATH IN USING THIS SITE.


Notwithstanding the above, nothing in these Terms excludes or limits in any way whatsoever the liability of Upgraded or its directors, consultants, agents, sub-contractors and employees for (a) death or personal injury caused by the negligence of Upgraded, its directors, consultants, agents, sub-contractors or employees; or (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.


Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our Products or services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.


Compliance With Laws

You agree to comply with all applicable laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import and export of technical data.


Privacy Policy

Upgraded’s Privacy and Cookie Policy as displayed on our Website, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of personal data from you.


Links to Third Party Sites

The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).


Ownership of Content

Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. ALL RIGHTS RESERVED.


Enforcement of Rules and Policies

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.


In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances. You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.


User Content

We may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, testimonials, personally identifiable information (including health, wellness and nutritional data), feedback about our Products and services, or any other content (“User Content”). User Content that you submit through your Upgraded User Gallery or any other Upgraded service will be stored, maintained and used by Upgraded in accordance with our Privacy and Cookie Policy. You acknowledge certain types of User Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public. You may not submit or upload User Content that Upgraded determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you. You hereby grant Upgraded an exclusive and unlimited license to use such materials to promote their business and to create new and additional Products for their users. Notwithstanding any photographs or personally identifiable information will be removed upon request from websites that are owned by Upgraded. In the event that a personally identifiable photograph or other User Content is posted on a site outside of Upgraded’s control you reserve the right to enforce your property rights against that third party offender. You however agree to indemnify Upgraded from the leak or reposting and may not pursue damages against Upgraded for the dissemination of this User Content as long as it was used along with the terms of this agreement. If a leak happens in which an employee or contractor of Upgraded releases said images or other User Generated Content you understand and assume the risk of this dissemination. You may pursue that individual personally either civilly or criminally but you understand that in order for Upgraded to provide complete protection the cost to do so would be prohibitive to the business and as such they specifically designate that you assume that risk in working on this site.


Governing Law

The Terms and the relationship between you and Company shall be governed by the England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales without regard to any conflicts of laws principles.


Dispute Resolution by Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.


Summary:

Most or your concerns can be resolved quickly to your satisfaction by contactingsupport@myupgradedfitness.com. In the unlikely event that we cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The London Court of International Arbitration (LCIA)will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted.


You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.


Arbitration Agreement:

  1. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to: 


    1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
    2. claims that arose before these or any prior Terms became effective;
    3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    4. 


    5. claims that may arise after the termination of these Terms.
  2. For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorised or unauthorised users or beneficiaries of Website and our Products and services under these Terms or any prior agreements between us.
You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
 The LCIA Rules govern the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.


  3. 


  4. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.

  5. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.


Technical Support

If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help. If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.


Miscellaneous

These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Terms or any right or obligation under it without our prior written consent. We shall be permitted to assign these Terms without your consent upon notice. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect. You warrant, represent and agree that, by using the Website and/or the Products or services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.


Effective 14 March 2019