BACK OFF BANDS®, LLC

TERMS & CONDITIONS

By purchasing our product; i.e., the Back Off Bands® (the “Product”), you agree that you have understood and agreed to be bound by the following Terms & Conditions:

BY PURCHASING THE PRODUCT, YOU AGREE TO THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE BELOW) AND ALSO AGREED TO THE LIMITATION OF REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (AS DESCRIBED MORE FULLY BELOW).

BY USING THIS WEBSITE TO PURCHASE THE PRODUCT, YOU AGREED (1) THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS AND AGREE TO BE BOUND BY THE SAME; AND (2) THAT YOU ARE 18 YEARS OF AGE OR OLDER.

I. TERMS OF USE OF WEBSITE

  1. Disclaimer.  This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Information on this Website may contain technical inaccuracies or typographical errors.  Information, including product pricing and availability, may be changed or updated without notice.  Back Off Bands®, L.L.C. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including without limitation, if Back Off Bands®, L.L.C. believes that a customer’s conduct violates applicable law or is harmful to the interests of Back Off Bands®, L.L.C. and/or its subsidiaries.  Back Off Bands®, L.L.C. reserves the right to terminate your access to this Website and its products.
  2. Copyright Notice.  All content appearing on this Web site is the property of Back Off Bands®, L.L.C. Copyright © 2021.  All rights reserved.  As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2021 Back Off Bands®, L.L.C.  All rights reserved.
  3. Trademarks.  All brand, product, service, and process names appearing on this Website are trademarks of their respective holders.  Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Back Off Bands®, L.L.C.  Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Back Off Bands®, L.L.C. or any third party, except as expressly granted herein.
  4. Sales Tax.  Back Off Bands®, L.L.C. charges sales tax for merchandise and products ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
  5. Website Liability Disclaimer.  The Content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website.  Back Off Bands®, L.L.C. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of this Website or its Content.  By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.  This Web site should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for advice regarding those decisions.BACK OFF BANDS®, L.L.C. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS WEBSITE AND CONTENT.  IN NO EVENT WILL BACK OFF BANDS®, L.L.C. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO YOU OR TO ANY THIRD PERSON EVEN IF BACK OFF BANDS®, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGE FOR LOSS OF USE, PROFITS OR DATA.  TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF BACK OFF BANDS®, L.L.C. IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.The information and content on this Website is provided “as is” with no warranty of any kind, either express or implied.
  6. Website Indemnity.  By using this Website, you agree to indemnify, defend and hold harmless Back Off Bands®, L.L.C., its officers, agents, affiliates, employees, vendors, and service providers (“Back Off Bands®, L.L.C. Entities”), from and against all claims, judgments, losses, damages, liabilities, suits, demands, fines, penalties, or fees of any kind, including attorneys’ fees, that arise from or are related to, directly or indirectly, any lawsuit brought against Back Off Bands®, L.L.C. Entities that arises out of or is in connection with:
    1. your use of this Website, including any content or information you upload;
    2. your breach of any of these Terms & Conditions;
    3. any misrepresentation made by you related to your use of this Website;
    4. your violation of any laws or regulations related to your use of this Website, including without limitation copyright, trademark, trade secret, patent, publicity, privacy, or other right of any person or entity;
    5. the use of any information that you submit to Back Off Bands®, L.L.C.You also agree to cooperate fully with Back Off Bands®, L.L.C. in the event of any situation listed above in this section.  In addition, Back Off Bands®, L.L.C. reserves the right to settle, negotiate, and pay any and all claims listed above.  Back Off Bands®, L.L.C. also reserves the right to assume control over its defense of any claim listed above.
  7. Customers with Disabilities.  If you are having difficulty viewing the content on or navigating this Website, please contact us at [EMAIL ADDRESS] or [TELEPHONE NUMBER] and we will do everything we can to ensure you are able to use this Website and browse and purchase the goods and services we offer.
  8. VOID WHERE PROHIBITED.  Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions.  Back Off Bands®, L.L.C. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide.  Any offer for any product or service made in the materials on this Website is void where prohibited.
  9. Changes to Website; Additional Limitation of Liability.  Back Off Bands®, L.L.C. may change its websites or delete features in any way, at any time and for any reason.  As you use this website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “content”) originated by Back Off Bands®, L.L.C. and persons other than Back Off Bands®, L.L.C. (any such person is referred to as a “third party”).  You acknowledge and agree that Back Off Bands®, L.L.C. is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content; or (2) any third-party conduct, transmissions or data.  You acknowledge and agrees that Back Off Bands®, L.L.C. is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the Back Off Bands®, L.L.C. websites, (2) any incompatibility between the Back Off Bands®, L.L.C. websites and other websites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Back Off Bands®, L.L.C. websites in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on Back Off Bands®, L.L.C. web sites.  The limitations, exclusions and disclaimers stated herein apply to the maximum extent permitted by applicable law and are not intended to deprive you of any mandatory protections provided to you under applicable law.

II. PRIVACY POLICY

Back Off Bands®, L.L.C. is committed to protecting your privacy.  This Privacy Policy applies to this Website and governs the way it collects and uses customer data.  By using this Website, you consent to the data practices described herein.

Back Off Bands®, L.L.C. may collect personally identifiable information, such as your name, address, telephone number, and email address.  Back Off Bands®, L.L.C. may also collect anonymous information such as your age, gender, preferences, and interests.  Back Off Bands®, L.L.C. may also collect information about your computer hardware and software that includes your IP address, domain names, dates and times when you access this Web site, and browser information.

Back Off Bands®, L.L.C. may use customer contact information provided on this Website or otherwise provided to Back Off Bands®, L.L.C. to contact its customers with promotional information about Back Off Bands®, L.L.C.’ products, update its customers on their orders, and otherwise perform the services its customers request.  Back Off Bands®, L.L.C. does not sell or lease its personally identifiable customer information to third parties.  Back Off Bands®, L.L.C. may share the data it collects with its trusted third-party contractors and partners to provide customer support, data analysis, or enhance its products, and facilitate its services.  All such third parties are contractually required to keep all such data confidential and are prohibited from using your personal information except to provide these services for Back Off Bands®, L.L.C.  Back Off Bands®, L.L.C. will disclose any data it collects without notice if it is required to do so by law or if it is determined by Back Off Bands®, L.L.C. to be necessary to protect its rights.

III. SHIPPING & DELIVERY

  1. Shipping Territory.  At this time, Back Off Bands®, L.L.C. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands.  Additionally, Back Off Bands®, L.L.C. ships merchandise to Canada and Mexico, but not to other international locations.  The risk of loss and title for all merchandise ordered on this Website passes to you when the merchandise is delivered to the shipping carrier.
  2. International.  Customs and import duties may be applied to international orders when the shipment reaches its destination.  Such charges are the responsibility of the recipient of your order and vary from country to country.  Contact your local customs office for details.  Shipping laws are different in each country.  It is your responsibility to check with your customs office to verify whether the country to which you are shipping permits the shipment of your products.  Back Off Bands®, L.L.C. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

IV. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS NOT A TOY AND IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE PRODUCT IS AT YOUR SOLE RISK AND DISCRETION.  YOU UNDERSTAND AND AGREE THAT AN INHERENT RISK IN THE USE OF THIS PRODUCT MAY INCLUDE HEARING DAMAGE OR LOSS.  TO THE EXTENT NOT PROHIBITED BY LAW, BACK OFF BANDS®, L.L.C. AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE PRODUCT, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THESE TERMS & CONDITIONS, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FURTHERMORE, BACK OFF BANDS®, L.L.C. AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH BACK OFF BANDS®, L.L.C. WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCT WILL BE CORRECTED OR THAT THE PRODUCT WILL BE MAINTAINED.  YOU ACKNOWLEDGE THAT THE PRODUCT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.  BACK OFF BANDS®, L.L.C. AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PRODUCT WILL BE COMPATIBLE OR INTEROPERABLE WITH OTHER DEVICES OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH OTHER DEVICES.  FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF OTHER DEVICES TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO OTHER DEVICES, LOSS OF THE DATA LOCATED ON OTHER DEVICES, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON OTHER DEVICES.  YOU ACKNOWLEDGE AND AGREE THAT BACK OFF BANDS®, L.L.C. AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH USE OF THE PRODUCT.  SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL RISK FROM USE, AS WELL AS NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.

V. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL BACK OFF BANDS®, L.L.C., ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BACK OFF BANDS®, L.L.C.’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (A) THE FEE YOU PAID FOR THE PRODUCT.

VI. INDEMNIFICATION

You shall indemnify, defend and hold harmless Back Off Bands®, L.L.C. and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: (i) your access to or use of the Product; (ii) your violation of law; (iii) your negligence or willful misconduct; or (iv) your violation of the rights of a third party.  You will promptly notify Back Off Bands®, L.L.C. in writing of any third-party claim arising out of or in connection with your use of the Product.

VII. DISPUTE RESOLUTION BY BINDING ARBITRATION

  1. Summary.  Most customer concerns can be resolved quickly and to the customer’s satisfaction by reaching out to our Customer Service Department at         .  In the unlikely event that our Customer Service Department is unable to resolve a complaint that you may have to your satisfaction (or if Back Off Bands®, L.L.C. has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or a jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.  For any non-frivolous claim that does not exceed Seventy-Five Thousand ($75,000) Dollars, Back Off Bands®, L.L.C., will pay all costs of the arbitration.  Moreover, in arbitration you are entitled to recover attorneys’ fees from Back Off Bands®, L.L.C., to at least the same extent as you would be in court.  In addition, under certain circumstances (as explained below), Back Off Bands®, L.L.C. will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what Back Off Bands®, L.L.C. offered you to settle the dispute.
  2. Arbitration Agreement.  Back Off Bands®, L.L.C. and you agree to arbitrate all disputes and claims between us.  This agreement to arbitrate is intended to be broadly interpreted.  It includes, but is not limited to:
  • claims arising out of or relation to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreement, including but not limited to, claims relating to advertising;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that arise from your use of the Product.References to “Back Off Bands®, L.L.C.,” “you,” and “us” include both Back Off Bands®, L.L.C. and your respective subsidiaries, agents, employees predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Product.  Notwithstanding the foregoing, either party may bring an individualized action in small claims court.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies.  Such agencies can, if the law allows, seek relief against Back Off Bands®, L.L.C. on your behalf.  You agree that, by purchasing the Product, you and Back Off Bands®, L.L.C. are each waiving the right to a trial by jury or to participate in a class action.  This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
    1. Notice of Dispute.  A party who intends to seek arbitration must first send to the other, by certified mail/return receipt requested, a written Notice of Dispute.  The Notice of Dispute to Back Off Bands®, L.L.C., should be addressed to:  Back Off Bands®, L.L.C., c/o Charlotte Oliver, 100 Pierce Street, Ste. 408, Clearwater, Florida 33756 (the “Notice Address”).  The Notice of Dispute must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.  If Back Off Bands®, L.L.C. and you do not reach an agreement to resolve the claim within Thirty (30) Days after the Notice of Dispute is received, you or Back Off Bands®, L.L.C. may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Back Off Bands®, L.L.C. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Back Off Bands®, L.L.C., is entitled.  You may download or copy a form Notice of Dispute and a form to initiate arbitration at [WEB ADDRESS].
    2. Arbitration Process.  After you have commenced arbitration, Back Off Bands®, L.L.C. will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than Seventy-Five Thousand ($75,000) Dollars.  If you are unable to pay this fee, Back Off Bands®, L.L.C. will pay it directly upon receiving a written request at the Notice Address.  The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms & Conditions, and will be administered by the AAA.  If the AAA is unavailable, the parties shall agree to another arbitration provider, or the court shall appoint a substitute.  The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  (You may obtain information that is designed for non-lawyers about the arbitration process at [WEBSITE].)  The arbitrator is bound by these Terms & Conditions.  All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.  Unless Back Off Bands®, L.L.C. and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.  If your claim is for Ten Thousand ($10,000) Dollars or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds Ten Thousand ($10,000) Dollars, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  Except as otherwise provided for herein, Back Off Bands®, L.L.C. will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the Notice of Dispute requirements above.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Notice of Dispute is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.  In such case, you agree to reimburse Back Off Bands®, L.L.C. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  In addition, if you initiate an arbitration in which you seek more than Seventy-Five Thousand ($75,000) Dollars in damages, the payment of these fees will be governed by the AAA rules.
    3. You as Prevailing Party.  If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Back Off Bands®, L.L.C.’s last written settlement offer made before an arbitrator was selected, then Back Off Bands®, L.L.C. will:
      • pay you the amount of the award or Ten Thousand ($10,000) Dollars (the “Alternative Payment”), whichever is greater; and
      • pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney premium”).

      If DIRECTV did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively, if the arbitrator awards you any relief on the merits.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Premium at any time during the proceedings and upon request from either party made within Fourteen (14) Days of the arbitrator’s ruling on the merits.

    4. Attorneys’ Fees & Costs.  The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law.  Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount.  However, you may not recover duplicative awards of attorneys’ fees or costs.  Although under some laws Back Off Bands®, L.L.C. may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Back Off Bands®, L.L.C. agrees that it will not seek such an award.
    5. Declaratory & Injunctive Relief.  The arbitrator may award declaratory or 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 Back Off Bands®, L.L.C. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Back Off Bands®, L.L.C. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  If 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 arbitration and may be brought in court.

    VIII. MISCELLANEOUS

    1. Governing Law, Limitation on Actions.  These Terms & Conditions shall be deemed to take place in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law principles.  These Terms & Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  To the maximum extent permitted by applicable law, You and Back Off Bands®, L.L.C. agree that any cause of action arising out of or relating to these Terms & Conditions, the Product, or your use of the Product must commence within One (1) Year after the applicable cause of action accrues in accordance with the Dispute Resolution By Binding Arbitration provision.  Otherwise, such cause of action is permanently barred.
    2. Contact Information.  You may reach Back Off Bands®, L.L.C. Customer Service by visiting [WEBSITE] to chat with an agent.
    3. Electronic Communications.  We may communicate with you about the Product and these Terms & Conditions via email to the email address registered with your Product.  You hereby consent to receive those communications and agree that any communications Back Off Bands®, L.L.C. sends to you electronically will satisfy any applicable legal notice requirement.
    4. Severability.  If any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
    5. Waiver.  Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms & Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.
    6. Export Control; Lawful Use.  You may not export or re-export the Product except as authorized by United States law and the laws of the jurisdiction(s) in which the Product was obtained.  You represent and warrant that you are not located and will not use the Product in any country that is (1) subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (2) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.  You may not use the Product in any manner or for any purpose prohibited (1) by United States law, regardless of where you use the Product, or (2) by local law, in the jurisdiction(s) in which you use the Product.
    7. Modification or Amendment.  To the extent not prohibited by law, Back Off Bands®, L.L.C. may modify or amend the provisions of these Terms & Conditions at any time, with or without direct notice to you, by posting a copy of the modified or amended Terms & Conditions at [WEBSITE].  You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Product following the date in which the modified or amended Terms & Conditions are made available through [WEBSITE].
    8. Third Party Beneficiaries.  Except as explicitly provided in these Terms & Conditions, nothing contained herein is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
    9. No Transfer by You.  You may not transfer your rights or obligations under these Terms & Conditions.  Any attempted transfer by you in contravention of this Agreement shall be null and void.  Back Off Bands®, L.L.C. may assign these Terms & Conditions without restriction.
    10. Entire Agreement.  These Terms & Conditions constitute the entire agreement with respect to the use of the Product and supersedes all prior or contemporaneous understandings regarding such subject matter.
    11. Force Majeure:  Back Off Bands®, L.L.C. shall be excused from performance under this Terms & Conditions if Back Off Bands®, L.L.C. is prevented, forbidden, or delayed from performing due to: 1) any provision of any law, regulation, or court order; 2) any act or omission by a third party; 3) any act of God, emergency, declaration of war, natural disaster, computer or telecommunications failure, or 4) any other circumstance beyond our control.