Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN

IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING

MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT

TO A JURY TRIAL.

The policies below are applicable to The Reshaping and Nutritional Company LLC

(Ardyss) website located at www.ardyss.com (including any versions optimized for

viewing on a wireless or tablet device); all email newsletters published or distributed by;

and all other interactive features and communications provided by Ardyss, however

accessed and/or used, that are operated by us, made available by us, or produced and

maintained by us.

YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE

 OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS

 AND CONDITIONS, DO NOT USE THIS WEBSITE.

 1. Products, Content and Specifications. All features, content, specifications,

products and prices of products and services described or depicted on this Website,

www.ardyss.com (this “Website”), are subject to change at any time without notice.

Certain weights, measures and similar descriptions are approximate and are provided

for convenience purposes only. Ardyss and its service suppliers which operate this

Website pursuant to agreements with Ardyss, make all reasonable efforts to accurately

display the attributes of products, including the applicable colors; however, the actual

color you see will depend on your computer system, and we cannot guarantee that your

computer will accurately display such colors. The inclusion of any products or services

on this Website at a particular time does not imply or warrant that these products or

services will be available at any time. It is your responsibility to ascertain and obey all

applicable local, state, federal and international laws (including minimum age

requirements) in regard to the possession, use and sale of any item purchased from this

Website. By placing an order, you represent that the products ordered will be used only

in a lawful manner. All videocassettes, DVDs and similar products sold are for private,

home use (where no admission fee is charged), non-public performance and may not

be duplicated.

2. Ordering,ShippingandReturns.Whenanorderisplaced,itwillbeshippedto an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of

the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or

 service purchased from this Website in accordance with our Return and Exchange Policy. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.

 3. AccuracyofInformation.WeattempttoensurethatinformationonthisWebsite is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our

  practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 4. Fees. For all charges or deposits for any events, products and/or services ordered by you on or through the Website, Ardyss or its vendors or agents will bill your bank card or alternative payment method offered by Ardyss and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the

  event legal action is necessary to collect on balances due, you agree to reimburse Ardyss and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

5. Account Registration and Security. You understand that you may need to create an account to place orders and to have access to all of the parts of the

 Website. In order to use those restricted portions of the Website, you will: (a)

 provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update

 the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ardyss has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ardyss has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Website using your account

 information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

6. Use of this Website. The design of this Website and all text, graphics, images,

  video, information, content, and other material displayed on or that can be downloaded

 from this Website are protected by copyright, trademark and other laws and may not be

 of the owner of such material. The content, software and other technology components

of this Website are ©ArdyssLife or its respective affiliates or suppliers. All rights

  reserved. You may not modify the information or materials displayed on or that can be

 downloaded from this Website in any way or reproduce or publicly display, perform, or

 distribute or otherwise use any such information or materials for any public or

 commercial purpose. Any unauthorized use of any such information or materials may

 violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and

 used except as permitted in these Terms and Conditions or with prior written permission

 regulations. You will not remove any copyright, trademark or other proprietary notices

 from material found on the Website.

7. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade

 

names and service marks of Ardyss and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective

  owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Ardyss or such other owner.

 8. LinkingtothisWebsite.RunningordisplayingthisWebsiteoranyinformation or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.

  9. Third Party Links. From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Ardyss or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

 10. InappropriateMaterial.You are prohibited from posting or transmitting any unlawful,

  threatening, defamatory, libelous, obscene, pornographic or profane material or any

 material that could constitute or encourage conduct that would be considered a criminal

 offense or give rise to civil liability, or otherwise violate any law. In addition to any

 remedies that we may have at law or in equity, if we determine, in our sole discretion,

 that you have violated or are likely to violate the foregoing prohibitions, we may take any

 action we deem necessary to cure or prevent the violation, including without limitation,

 the immediate removal of the related materials from this Website. We will fully

 cooperate with any law enforcement authorities or court order or subpoena requesting

 or directing us to disclose the identity of anyone posting such materials.

11. UserInformation.Otherthanpersonallyidentifiableinformation,whichissubject to this

  Website’s Privacy Statement, any material, information, videos, pictures, suggestions,

 ideas, concepts, know-how, techniques, questions, comments or other communication

 you transmit or post to this Website in any manner (“User Communications”) is and will

 be considered non-confidential and non-proprietary. Personally identifiable information

 that you voluntarily post on any part of this Website that is viewable by the public (e.g.,

 in the Customer Reviews section) is not subject to this Website’s Privacy Statement and

 is considered User Communications. We and our respective affiliates and our or their

 designees may use any or all User Communications for any purpose whatsoever,

 including, without limitation, reproduction, transmission, disclosure, publication,

 broadcast, development, manufacturing and/or marketing in any manner whatsoever for

 any or all commercial or non-commercial purposes. We may, but are not obligated to,

 monitor or review any User Communications. We will have no obligation to use, return,

 review, or respond to any User Communications. We will have no liability related to the

 content of any such User Communications, whether or not arising under the laws of

 copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all

 User Communications that includes any material we deem inappropriate or

 unacceptable. You agree that that all User Communications are truthful, that you have

 obtained the consent of anyone appearing in any User Communications with you, and

 that any User Communications will not infringe on or violate the rights of any person or

 entity. By submitting, transmitting, posting, uploading, modifying or otherwise providing

 any User Communications, whether solicited or unsolicited, you agree that you are

 granting us and our respective affiliates and our or their designees a royalty- free, fully

 paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish,

 transmit, perform, display, create derivative works from and otherwise use such User

 Communications for any purpose, including, without limitation, advertising and

 promotional purposes, in any media, now or hereafter known, even if these Terms of

 Use are later modified or terminated, without any compensation to you.

12. DISCLAIMERS.YOUR USE OF THIS SITE IS AT YOUR RISK. THE

  INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS

 WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND

 INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

 PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER

ARDYSS NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT

  THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR

 SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION,

 MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY

BE OUT OF DATE, AND NEITHER ARDYSS NOR ANY OF ITS RESPECTIVE

  AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY

 DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE

 FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE

 EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY

 SUCH PROHIBITIONS.

 ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE

 ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE

 MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST

 EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL

 WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY

 IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES

 LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING

 THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL

 LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO

 NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,

 IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR

 MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS

 “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE

 COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED

 WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE

 REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST ARDYSS,

  ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,

 AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED

 IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE

 ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

13. LIMITATIONS OF LIABILITY. Neither Ardyss nor its affiliates nor suppliers

  assumes any responsibility, or will be liable, for any damages to, or any viruses that

 may infect, your computer, telecommunication equipment, or other property caused by

 or arising from your access to, use of, or browsing this Website, or your downloading of

any information or materials from this Website. IN NO EVENT WILL ARDYSS, OR ANY

  OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,

 AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED

 IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE

 LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL,

 PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT

 LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR

 BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR

 THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS

 WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON

 ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT,

 TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF

 THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF

 LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER

 TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU

 AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE

 EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE

 PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE

 REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR

 SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH

 MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND

 REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE

 RETURNS

 AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

14. Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR

 RIGHTS AND HOW CLAIMS THAT YOU AND ARDYSS HAVE AGAINST EACH

  OTHER ARE RESOLVED.

 This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal

Arbitration Act. You and Ardyss agree that we intend that this Section satisfies the

  “writing” requirement of the Federal Arbitration Act. This Section can only be amended

 by mutual agreement.

 We believe that arbitration is a faster, more convenient and less expensive way to

 resolve any disputes or disagreements that you may have with us. Therefore, pursuant

 to these Terms and Conditions, if you have any dispute or disagreement with us

 regarding (i) your use of or interaction with the Website, (ii) any purchases or other

 transactions or relationships with Ardyss, or (iii) any data or information you may

provide to Ardyss or that Ardyss may gather in connection with such use, interaction or

 transaction (collectively, “Ardyss Transactions or Relationships”), you will not have the

  right to pursue a claim in court, or have a jury decide the claim and you will not have the

 right to bring or participate in any class action or similar proceeding in court or in

arbitration. By using or interacting with the Website, or engaging in any other Ardyss

  Transactions or Relationships with us, you agree to binding arbitration as provided

 below.

 We will make every reasonable effort to informally resolve any complaints, disputes, or

 disagreements that you may have with us. If those efforts fail, by using our Website, you

agree that any complaint, dispute, or disagreement you may have against Ardyss, and

 any claim that Ardyss may have against you, arising out of, relating to, or connected in

 any way with these Terms and Conditions, our Privacy Statement, or any Ardyss

  Transactions or Relationships shall be resolved exclusively by final and binding

 arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and

 conducted in accordance

 with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the

 Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance

 with the JAMS Comprehensive Arbitration Rules And Procedures then in effect

 (respectively, the “Applicable Rules”). The Applicable Rules can be found at

 www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be

 administered by the American Arbitration Association or its successor (the “AAA”)

 instead, and conducted in accordance with the AAA Commercial Arbitration Rules in

 effect at that time (which shall be the “Applicable Rules” in such circumstances). If

 JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards

 of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to

the matter in dispute, Ardyss agrees to provide the benefit of such Minimum Standards

  to you to the extent they are more favorable than the comparable arbitration provisions

 set forth in this Section, provided, however, that in no event may such Minimum

 Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore,

 this Section shall not prevent any party from seeking provisional remedies in aid of

 arbitration from a court of appropriate jurisdiction. You further agree that:

 1. (a)SingleArbitrator.TheArbitrationshallbeconductedbeforeasinglearbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Ardyss (the “Arbitrator”);

2. (b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability,

 enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;

3. (c)LocationofArbitration.TheArbitrationshallbeheldeither:(i)atalocation determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Ardyss; or (iii) at your election, if the only claims in the arbitration are asserted by you and

 are for less than $10,000 in aggregate, by telephone or by written submission.

  4. (d) Governing Law. The Arbitrator (i) shall apply internal laws of the

 Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

5. (e) No Class Relief. The Arbitration can resolve only your and/or Ardyss’

 individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

6. (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

7. (g)ArbitrationCosts.Intheeventthatyouareabletodemonstratethatthecosts of Arbitration will be prohibitive as compared to the costs of litigation, Ardyss will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost- prohibitive, regardless of the outcome of the Arbitration,

 unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad

faith;

 8. (h) Reasonable Attorney’s Fees. In the event you recover an Award

greater than Ardyss’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Ardyss’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Ardyss shall in all events bear its own attorneys’ fees; and

9. (i)InterpretationandEnforcementofArbitrationClause.Withtheexceptionof subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed

 in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be

 invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Ardyss shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

10.(j)Modification Arbitration Clause With Notice. Ardyss may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Ardyss has given notice of such modifications and only on a prospective basis for claims arising from Ardyss Transactions and Relationships occurring after the effective date of such notification.

11.(k)Small Claims Matters are Excluded. No Class Relief for Joinder Of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Ardyss in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or

  representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

15. Termination.You or we may suspend or terminate your account or your use of this

  Website at any time, for any reason or for no reason. You are personally liable for any

 orders placed or charges incurred through your account prior to termination. We reserve

 the right to change, suspend, or discontinue all or any aspect of this Website at any time

 without notice.

16. Health Related Information.The information contained in the Website is provided

  for informational purposes only and is not meant to substitute for the advice provided by

 your doctor or other health care professional. You should not use the information

 available on or through the Website (including, but not limited to, information that may

 be provided on the Website by healthcare or nutrition professionals employed by or

contracting with Ardyss) for diagnosing or treating a health problem or disease, or

  prescribing any medication. Information and statements regarding dietary supplements

 have not been evaluated by the Food and Drug Administration and are not intended to

 diagnose, treat, cure, or prevent any disease. You should read carefully all product

 packaging prior to use.

17. Indemnity. You agree indemnify and hold Ardyss and our partners, affiliates (and

  their franchisees and licensees), and subsidiaries, officers, directors, employees,

 successors and assigns, harmless from any claim, loss or demand, including

 reasonable attorneys’ fees, made by any third party due to or arising out of your use of

 our Website, your connection to our Website, your violation of these Terms and

 Conditions, or your violation of any rights of another party. This indemnity survives

 termination of these Terms and Conditions.

18. Domestic Use; Export Restriction. We control the Website from our offices within

  Mexico and The United States. We make no representation that the Website or its

 content (including, without limitation, any products or services available on or through

 the Website) are appropriate or available for use in other locations. Users who access

 the Website from outside the United States of America or Mexico do so on their own

 initiative and must bear all responsibility for compliance with local laws, if applicable.

 Further, the United States and Mexico export control laws prohibit the export of certain

 technical data and software to certain territories. No content from the Web Site may be

 downloaded in violation of United States or Mexico’s law.

19. Access and Interference.You agree that you will not use any robot, spider, scraper

  or other automated means to access the Website for any purpose without our express

 written permission. Additionally, you agree that you will not: (i) take any action that

 imposes, or may impose in our sole discretion an unreasonable or disproportionately

 large load on our infrastructure; (ii) interfere or attempt to interfere with the proper

 working of the site or any activities conducted on the Website; or (iii) bypass any

 measures we may use to prevent or restrict access to the Web Site.

20. Right to Take down Content. Ardyss shall have the right in our sole discretion to

  edit, refuse to post or remove any material submitted to or posted on the Website at any

 time without notice. Without limiting the foregoing, we shall have the right to remove any

 material that we find to be in violation of the provisions hereof or otherwise

 objectionable, and the additional right to deny any user who fails to conform to any

 provision of these Terms and Conditions access to the Web Site or any part thereof.

21. General. Our failure to exercise or enforce any right or provision of these. Terms

  and Conditions shall not constitute a waiver of such right or provision by us. If any

 provision of these Terms and Conditions is found by a court of competent jurisdiction to

 be invalid, the parties nevertheless agree that the court should endeavor to give effect

 to the parties’ intentions as reflected in the provision, and the other provisions of our

 Terms and Conditions remain in full force and effect. You agree that regardless of any

 statute or law to the contrary, any claim or cause of action arising out of or related to

 use of the Web Site or our Terms and Conditions must be filed within one (1) year after

 such claim or cause of action arose or be forever barred.

22. Additional Assistance. If you do not understand any of the foregoing Terms and

  Conditions or if you have any questions or comments, we invite you to contact us at

 customersupport@ardyss.com. Alternatively, you may call us at (702) 313- 3333.

23. Entire Agreement.These Terms and Conditions,andanyotherdocumentsand

  policies referenced herein, constitute the complete and exclusive understanding

 between Ardyss and you relating to the subject matter hereof and supersedes any prior

 versions of these Terms and Conditions as well as all prior or contemporaneous

 understandings, agreements, communications, and/or advertising with respect to such

 subject matter.

24. RevisionstotheseTermsandConditions.TheseTermsandConditions may be

revised at any time and from time to time by updating this posting. You should

visit this page from time to time to review the then current Terms and Conditions

because they are binding on you. Certain provisions of these Terms and

Conditions may be superseded by legal notices or terms located on particular

pages of this Web Site.