Last updated: July 28th, 2020

Welcome to the Forged4x4 website, located at www.forged4x4.com (the “Site”) and operated by LuluVie, Inc DBA Forged4x4. (“F44”). References in these Terms and Conditions of Use (“Terms”) to the words “we”, “us” and “our” refer to F44, acting on behalf of itself and, where applicable, its affiliates and third-party licensors. The words “you” and “your” refer to each individual user accessing and using our Site and Service.

You must be at least eighteen (18) years old to be eligible to use the Site and Service. PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT.

These Terms as well as our Privacy Policy are a legally enforceable contract between you and us. The products and services we promote through the Service, as well as via certain off-line means, are governed by these Terms. You can opt out of our communications anytime by clicking “unsubscribe.” If you are looking for the sweepstakes official rules, they are located here. These Terms apply to all visitors, users and others who wish to access or use the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH CAN BE FOUND HERE. PLEASE CAREFULLY REVIEW THIS LANGUAGE.

Since these Terms are a binding legal contract, clarity is important. You will notice that we capitalize certain words in these Terms even when the rules of grammar do not require capitalization. We do this because in the context of these Terms, such capitalized words have specific meanings, which can be found where they are first used, as indicated by bold text. When we talk about our or the “Service”, we mean our Site as well as the products or services offered on the Site and any mobile or other apps we have created and distributed to let our customers and followers view our Site or otherwise interact with our Content. The word “Content” means the text, images, graphics, logos, audio, video, and other information and materials we make available on or from our Service, which may include information from third parties. When we use the word “including” we mean it in what is known as an “exemplary manner” such that it encompasses “including, without limitation” or “including, but not limited to.” When we use the word “will” or “shall,” we mean that performance of that particular condition is required. When we use the word “may,” we mean there is not an obligation to perform but rather a right to choose to perform.

You may access and view our Content and use the features of our Service on your computer or mobile device solely for your personal, non-commercial use. You also may print out and make copies of the Content in connection with that personal, non-commercial use. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of F44, which permission may be withheld in our sole and absolute discretion. You may not make use of the Service or any Content for any commercial purpose whatsoever unless you have received our express written permission in advance. You acknowledge that if you make any such prohibited use, it will be a breach of these Terms allowing us to pursue certain remedies under applicable law. Breach of certain obligations under these Terms also may be a violation of other applicable laws such as intellectual property laws. We will not be responsible or liable for any loss or damage you might suffer from failure to comply with these Terms.

Among your other obligations, you are required to make sure you do not use the Service, Content, and the various features and functions offered on or through the Service, for, or in connection with

• reverse engineering, making machine code human readable, or creating derivative works or improvements;
• scraping, crawling, downloading, screen-grabbing, or otherwise copying and/or transmitting them in any way we haven’t specifically permitted;
• commercially exploiting or providing them to third parties;
• introducing, transmitting, or storing viruses or other malicious code;
• interfering with their security or operation;
• framing or mirroring them;
• creating, benchmarking, or gathering intelligence for a competitive offering;
• removing, modifying, or obscuring proprietary rights notices on them;
• defaming or harassing anyone;
• infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship;
• intercepting or expropriating data; and/or
• spamming, spoofing, or otherwise misrepresenting transmission sources.

The Site and Content may provide information, blogs, articles and videos from time to time. The Content provided on the Site is for informational purposes only. We assume no responsibility for how the Content contained on the Site is used. Because information changes rapidly, some Content on the Site may be out of date. We have no obligation to update the Content.

Content may have a variety of origins, including information generated and provided by us and third parties. We cannot promise that the Content is or will be:

• accurate or complete;
• current (or that it will be updated);
• error free (either technically or with respect to typographical errors); and/or
• free from interruptions, computer viruses, or other harmful components.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.

You may make use of the Content under the rights described below, but under no circumstances will we be liable for any loss or damage caused by such use and/or your reliance on the Content. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.

Any and all information that we obtain from you, or from transactions processed through the Service, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

Through the Shop section of the Site, we may offer a variety of merchandise for sale from time to time. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our merchandise offerings on the Site, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our sole and absolute discretion.

We attempt to be as accurate as possible when describing products. We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site itself is not as described, please contact customer service at the address listed at the end of these Terms.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) the information you supply to us is true, correct and complete; and (iii) that you will pay for all charges incurred through the use of your Account Credentials (as defined below).

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to our use and disclosure of the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Some features of the Service require that you register and create an account (an “Account”). When you create an Account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account, your use of the Service and/or the Content. As part of the registration process, you may be issued credentials, usually in the form of a unique username and password (the “Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials, including but not limited to the restriction of access to your device and/or Account.

Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the Service and Content. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials, whether your password is with our Service or a third-party service. You must not allow others to use your Account Credentials and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your Account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.

You may not use as a username:

• the name of another person or entity or that is not lawfully available for use;
• a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; and/or
• any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate your Account, remove or edit Content, or cancel a Purchase in our sole discretion.

Membership

Ongoing Membership. Your F44 VIP Membership (“Membership Plan”), will automatically renew monthly (each, a “Membership Period”), unless and until you cancel your Membership Plan, or we terminate it. View https://forged4x4.com/vip/ page to view F44’s current Membership Plans. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). We will bill the membership fee to your Payment Method. You must cancel your Membership Plan before it renews for the next Membership Period, in order to avoid billing of the next Membership Period’s membership fees to your Payment Method.

Paid Membership. We will begin billing your Payment Method for membership fees at the beginning of your membership. We will continue to bill your Payment Method on a recurring basis for your membership fee until you cancel. CLICK THE “LOGIN” LINK AT THE TOP OF ANY F44 WEB PAGE TO FIND CANCELLATION INSTRUCTIONS OR CONTACT US VIA EMAIL ([email protected]) PHONE (1-800-506-9723), OR SOCIAL MEDIA.

Differing Memberships. We may offer several Membership Plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered Membership Plans at any time and without notice to you.

Billing

Recurring Billing. By starting your F44 membership and providing or designating a Payment Method, you authorize us to charge you a recurring membership fee at the then current rate in accordance with the Membership Plan that you selected, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each Membership Period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

Price Changes. We reserve the right to adjust pricing for our Membership Plans, Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your Membership Plan will take effect following email notice to you.

Billing Cycle. The membership fee for our Membership Plans will be billed at the beginning of the paying portion of your membership and each month thereafter, unless and until you cancel your Membership Plan. We automatically bill your Payment Method monthly. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your membership. Contact us at [email protected] to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or Service-related charges. As used in these Terms, “billing” indicates a charge, debit or other payment clearance, as applicable, against your Payment Method.

No Refunds. PAYMENTS FOR MEMBERSHIP FEES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, if for any reason you are not completely satisfied with your membership, please contact us at [email protected]

Payment Methods. To change your Payment Method information, contact us at [email protected]. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method information or cancel your Account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your F44 membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR UNUSED MEMBERSHIP PERIODS. To cancel, go to the “My Account” page on our Site and follow the instructions for cancellation. If you cancel your membership, your account will be closed within two business days.

From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, subject to certain restrictions as determined by F44 in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. The logos, names, and other similar marks (collectively, the “Trademarks”) displayed on the Service and/or Content are registered and unregistered Trademarks of us and our licensors and may not be used unless authorized by the applicable Trademark owner. The print-outs and copies you are permitted to make here may have Trademarks on them and you may make incidental, non-commercial use of them to the same extent as those print-outs and copies. Except for such incidental use, nothing contained on the Service or in these Terms or the Privacy Policy should be construed as granting you any license or other right to use any Trademark displayed. As between you and us, we are the exclusive owners of all right, title, and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and database rights), and moral rights (including rights of attribution and authorship) throughout the world in and to the Service, its Content, and its and their look and feel, design, and organization and compilation, as well as all Trademarks. If you believe any Content appearing on the Service violates your intellectual property rights, please give us notice so we can consider appropriate take down procedures.

We exclusively own all worldwide right, title and interest in and to all the Trademarks owned by F44, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair F44’s ownership of the Site or the Content therein or the validity or enforceability of F44’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Site at any time without notice. Nothing contained in these Terms shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of F44 or any third party.

This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our Service (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“External Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect our opinions. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.

If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

All communications, information, ideas, suggestions, concepts, content, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles or other materials submitted or posted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) will be treated as non-confidential and non-proprietary by F44 may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing, publishing, posting, or displaying (hereinafter, “post”) Submitted Materials you: (a) represent and warrant that (i) you own or otherwise have all necessary rights to post the Submitted Materials and have the right to grant the applicable license set forth herein and (ii) that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully paid, and fully transferable, assignable, and sublicensable worldwide right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, publish, broadcast, make, sell, export, and otherwise use the Submitted Material (in whole or part) on this Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records.

You represent and warrant that posting and publishing any such Submitted Materials on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Submitted Materials which are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor Submitted Materials for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Submitted Materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.

You understand and agree that F44 may review and delete any Submitted Materials that in the sole judgment of F44 violate these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of F44 or any user of the Site.

Our Service may contain links to third party web sites or services that are not owned or controlled by F44. Links to such sites or services are provided for your convenience and information only.

We have no control over, and assume no responsibility for the availability, content, advertising, products, materials, privacy policies, or practices of any third-party web sites or services, including any further links their sites may contain. This means that once you follow an external link, you are no longer subject to our Privacy Policy. The fact that we provide a link does not mean that we endorse, authorize, or sponsor that web site or offering or that we are affiliated with the third-party owners or sponsors. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that F44 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

In general, we do not object to links to our Service from third-party sites including social media. If you link to our Service, we: (a) reserve the right to object to and delete (or require deletion of) such link at any time, for any reason; and (b) require that you abide by the following rules:

• you may not present the link to our Service in any manner that suggests we have any relationship or affiliation with your site or endorse, sponsor, or recommend the information, products, services, or content on your site unless we expressly agree to your doing so in writing;
• we reserve the right to object to any link which uses Trademarks; and
• your link to our Service may not in-line, frame, or otherwise incorporate Content unless we grant its express permission in writing.

Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect our name, reputation, or goodwill and our products and services are prohibited. In addition, the use of Trademarks or other words or codes identifying us or our products and services in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.

These Terms apply to all users of the Service and Site at all times until we supersede and replace them. We may at any time terminate, change, suspend, add to, or discontinue any aspect of the Site or Service itself, or your right to use it, including your Account and any Content, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, ownership provisions, warranty disclaimers, disputes, indemnity and limitations of liability.

THE SERVICE, ITS CONTENT, YOUR PURCHASE, YOUR ACCOUNT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS, OR SERVICES ON THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, F44, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “F44 PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE OR TRADE CUSTOM OR USAGE. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, THE CONTENT, AND YOUR ACCOUNT.

IN ADDITION, F44 DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY PURCHASES, PRODUCTS OR SERVICES PROVIDED BY THIRD-PARTIES OR AFFILIATES THROUGH THE SITE; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICE OR CIRCUMSTANCES OVER WHICH F44 HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE AND/OR SERVICE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. F44 SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM F44 THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.

F44 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

THE F44 PARTIES WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, PROFITS, USE, GOODWILL OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES WHETHER FORESEEABLE OR NOT, THAT ARISE OUT OF OR ARE IN ANY WAY RELATED TO THESE TERMS, ANY VIRUSES AFFECTING THIS SITE, YOUR USE OF, OR THE INABILITY TO USE, THE SERVICE, THE CONTENT, FEATURES AND FUNCTIONS, YOUR PURCHASE, YOUR ACCOUNT OR ANY SERVICES THAT YOU ACCESS THROUGH THEM AND/OR FROM ANY OTHER CAUSE WHATSOEVER. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE F44 PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE F44 PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, OR THESE TERMS EXCEED FIFTY US DOLLARS (US $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold harmless the F44 Parties, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, the Site, the Content, your Purchase, your Account, any acts or omissions by you or on your behalf with respect to any products Purchased and/or any Submitted Materials, or your breach of applicable laws or these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

IF EITHER PARTY WANTS TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER PARTY UNDER THESE TERMS, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THESE TERMS OR YOUR USE OF OUR SERVICE, THE CONTENT, YOUR PURCHASE, OR YOUR ACCOUNT, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF YOU AND F44 ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

As such, both parties specifically agree that:

Arbitration.

Except for small claims court cases or a claim by us related to intellectual property infringement, all claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by the parties after a good faith effort at negotiation shall be submitted for arbitration administered by the American Arbitration Association (“AAA“). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org).

The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent to [LuluVie Inc. DBA Forged4x4, Attn: Legal Department, 1804 Girard Ave #387, San Diego, CA 92109 ]. We will provide notice to your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought.

All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either of us prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Unless the parties agree otherwise, the arbitration will occur in U.S. English and take place in San Diego, California. Unless the parties agree otherwise, payment of any fees will be decided by the applicable AAA rules.

Notwithstanding the foregoing, nothing in these Terms shall require us to arbitrate a Dispute if we are pursuing a claim related to intellectual property infringement and you agree that venue is proper and personal jurisdiction exists over you in the state or federal court located in San Diego, California for this and any related claim.

Class Action Waiver.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, THE “CLASS ACTION WAIVER”).

Further, unless both the parties 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 for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.

We control and operate the Service from within the United States of America (the “U.S.”). Although we do not actively block or monitor visitors from other countries, the Service is directed only at visitors from the U.S. who are age 18 or older. As such, your use of the Service and Content, and the enforcement of these Terms, are governed and construed exclusively in accordance with the laws of the State of California and the federal laws of the U.S. enforced within that state, without regard to principles of conflicts of laws.

The English language version of these Terms is the controlling version regardless of any translation you may attempt. We can’t promise that the Service or any Content are appropriate or lawful for use in other locations outside of the U.S. or that our operation (including our processing and handling of submissions you may make) will comply with non-U.S. law. Users who choose to access the Service or any Content from outside the U.S. or, per the Submitted Materials Section, submit materials from outside the U.S. and/or as non-U.S. citizens, do so of their own initiative and are responsible for compliance with all applicable local, state, national, and international laws and treaties.

No matter where you use the Service or Content from, you also must comply with all laws applicable to such use, including U.S. export control laws that prohibit access from certain embargoed, prohibited, or restricted countries or access by prohibited, denied, and specially designated persons.

If the U.S. government (including the Department of Defense) wants to access the Service, your Account, or our Content through you, the Service and Content will be considered “commercial computer software”, “commercial computer software documentation” and “restricted data” under “Limited Rights” and “Restricted Rights” and only as commercial end items under the same rights granted to other general users.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

However, whether or not we provide, or you see, such notice, by continuing to access or use our Service after any revisions become effective, you have accepted and agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.

These Terms and the Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Service. Neither any course of conduct between the parties nor trade practice will modify these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Service, these Terms, or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The provisions of these Terms pertaining to intellectual property, confidentiality, disclaimers, exclusion of damages, limitation of liability, and indemnification shall survive termination.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING AN ACCOUNT. YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNTS AND DISCONTINUE YOUR USE OF THE SITE.