Terms and

Conditions

Effective Date:  04/25/2020

By using this Site and the Services, in addition to any Additional Policies applicable to any particular features, Content and functionality of the Services (incorporated into the Terms by reference) offered by Harte Industries, Inc. dba “Swtch”, Users agree to be bound by these Terms.

IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, USERS AGREE TO RESOLVE DISPUTES WITH SWTCH THROUGH BINDING ARBITRATION AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE CONSENT TO ARBITRATE AND CLASS ACTION WAIVER BELOW).

Additional Policies
The following policies are incorporated into the Terms by reference. 

a. Swtch Privacy Policy

Your Obligations
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

1. You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify Swtch immediately by contacting us via email at hello@swtchunderwear.com. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.

2. You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. Minors between the age of 13 and 18 years are only permitted to use our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account. 

3. Do not engage in activities that affect the functioning of the Services. You may not bypass any measures that we have put in place to secure our website or Services, take actions to gain unauthorized access to any system, data, passwords, or other Swtch or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site. You may not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.

4. Do not engage in commercial exploitation of the Services. You may not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, attempt to derive the source code of, grant a security interest in, or otherwise commercially exploit any right in or portion of the Services or Swtch Content. You may not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons, such as advertising sales, or otherwise undertake any endeavor aimed at deriving revenue.

Should you violate any of the Terms of Use, we reserve the right to terminate, suspend, or take any other action related to your account at our sole discretion. You may not access our Site or Services if we have prohibited you from doing so.

Products availability and shopping terms
To place an order through the Services, you must be of legal age in your country and a consumer - not a reseller. The Services are intended solely for Swtch to sell Swtch products direct to end-consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Swtch product by someone who resells, or intends to resell, the Swtch product to others (consumers, businesses or any third party). If Swtch determines (in our sole judgment) that you are involved in purchase for resale, Swtch reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to change the goods advertised or offered for sale through Swtch Services, the prices or specifications of any such goods and any promotional offers and any content available on the Services at any time and from time to time without any notice or liability to you or any other person. Any offer for any product or service made on the Services is void where prohibited. 

Additional terms and conditions relating to refund, exchange, re-stocking, taxes, shipping may be provided at or near the point of purchase.

Without limiting any the foregoing and subject to applicable law we reserve the right to cancel orders (always with notice to the extent required by law) without liability (other than repayment of any amounts received from you in relation to the cancelled order) if: your billing information is not correct or not verifiable; your order is identified as an unusual order or an order susceptible to fraud; payment is not received within a reasonable period following acceptance of your order; we believe that you are a reseller; there was an error in the price displayed on the Services; we could not deliver to the address provided by you; due to an event of force majeure; or in the event of misspelling, pricing or other errors or mistakes in the Services information.

Shipment
All products purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Any products purchased from Swtch via the Services and shipped internationally will be imported by Swtch on your behalf. Accordingly, you as buyer authorize Swtch to import such products on your behalf. Further, you agree that Swtch may delegate the obligation to import the products to a subcontractor (e.g. customs broker). Unless otherwise specified you are responsible for paying any taxes or duties associated with the importation of the purchased products in addition to the purchase price.
Returns
Swtch will replace or issue a refund for defective product within one year from the date of purchase. We will investigate your claim and if it is found to be justified, Swtch will replace defective product, subject to product availability, or the purchase price and the shipping costs will be refunded. Refunds will be issued based on the original form of payment.

Other than nonrefundable purchases (such as final sale items), pre-sale Indie Go-Go product packages, or as otherwise stated to the contrary herein or during a check-out process, you have the right to cancel or exchange an order at any time within thirty (30) days of the purchase date. If you exercise your right of cancellation or exchange, you will be responsible for returning the goods to us promptly in their original condition. You can request a return or exchange via email at hello@swtchunderwear.com.

IP Rights
The Services and the content residing thereon are owned by Swtch or its affiliates, or are used by us with express permission. Such content includes the text, software, scripts, graphics, photos, sounds, interactive features, visual interfaces, design, compilation, information, data, computer code (including source code or object code), products, services, and the trademarks, service marks, trade names, and logos (“Marks”) contained in the Services (collectively, “Swtch Content”). Unless otherwise noted, the Services and Swtch Content included on the Services, including images, illustrations, designs, icons, photographs, video clips and written and other materials, are subject to copyright, trademark, and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions protected by United States and international copyright laws. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Swtch or the Services will, as between you and Swtch, be and remain the sole and exclusive property of Swtch. You may not display or reproduce the Marks in any manner without the prior written consent of Swtch, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Services.
User Idea Submissions
We appreciate hearing from Users and welcome your comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another User or third party. When we refer to a “submission” in this paragraph, We mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about Swtch’s existing products or services (“User Idea Submission”). If you send us a User Idea Submission, you agree as follows:

1. All User Idea Submissions are non-confidential and non-proprietary and will be treated as such.

2. By submitting a User Idea Submission, you hereby grant Swtch a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Idea Submission, including, without limitation, in connection with the Site or Services, and for promoting and redistributing part or all of the User Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the User Idea Submission and,

3. We are under no obligation to evaluate, review, or use any User Idea Submission.
System outages, maintenance and updates
The Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Services are unavailable, or if you lose any data or information for any reason.

The form and functionality of the Services may change as we launch new products or features or make upgrades, patches or error corrections (“Updates”). We reserve the right to modify, suspend, discontinue or limit your access to or use of any part of the Services (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. These Terms will apply to any and all Updates to the Services. We will have no liability because of any Update to the Services or any suspension or termination of your access to or use of the Services. 

Your dealings with third parties
The Services may contain links to third party websites, enable you to log in to the Services via various online third-party services, or display advertisements and promotional material of goods and services offered by third parties (“Third Party Services”). By linking or otherwise displaying information from or providing access to any Third Party Services, Swtch gives no representation, warranty, or endorsement, express or implied, regarding the legality, accuracy, quality, or authenticity of content, information, products or services provided by those Third Party Services. Further, the way Third Party Services (including social networking services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. Conduct any diligence you feel necessary before engaging online or offline with any of these third parties. Swtch disclaims all responsibility or liability for any harm resulting from your use of Third Party Services, including harm relating to payment, delivery or performance of related goods or services, and you irrevocably waive any claim against Swtch regarding the content, products or operation of any Third Party Services.
Disclaimer of warranties
EXCEPT AS OTHERWISE EXPLICITLY STATED HEREIN THE SERVICES AND ALL CONTENT OR INFORMATION CONTAINED ON THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS, AND INFORMATION PROVIDED ON THE SERVICES ABOUT THE PRODUCTS SHOWN FOR SALE, AS WELL AS THE PRODUCTS THAT ARE PURCHASED FROM THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, SWTCH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SWTCH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT ACCESSIBLE VIA THIS SERVICES  IS ACCURATE, TIMELY, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE SERVICES OR CONTENT. 

To the fullest extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements, (iii) product descriptions, photographs, videos or other product related content on the Services are accurate, complete, reliable, current, or error-free or (iv) errors will be corrected. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWTCH, OUR THIRD PARTY SERVICE PROVIDERS AND OUR OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS (THE “SWTCH ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY SERVICES ACCESSED VIA THE SERVICES; AND/OR (F) DAMAGES RELATING TO ANY UNAUTHORIZED ACCESS TO OR USE OF SWTCH’S SYSTEMS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED ON THOSE SYSTEMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SWTCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE SWTCH ENTITIES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US IN CONNECTION WITH YOUR USE OF THE APPLICABLE SERVICE(S) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

To the fullest extent permitted by applicable law, you acknowledge and agree that we offer the Services and any goods and services offered on the Services in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU ALSO WAIVE ANY PROTECTION THAT MAY EXIST UNDER ANY COMPARABLE OR SIMILAR STATUTES OR PRINCIPLES OF COMMON LAW APPLICABLE IN JURISDICTIONS OTHER THAN CALIFORNIA.

Indemnity
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SWTCH ENTITIES FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, EXPENSES, TAX ASSESSMENTS, PENALTIES, INTEREST, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR CONNECTED WITH ANY CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING INSTITUTED BY AN INDIVIDUAL OR ENTITY THAT ARISES OUT OF OR RELATES TO: (1) YOUR WRONGFUL OR IMPROPER USE OF THE SERVICES; (2) ANY VIOLATION BY YOU OF: (A) THE TERMS, INCLUDING ANY OF YOUR OBLIGATIONS SET FORTH IN THE TERMS; (B) SWTCH’S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SERVICES; (D) ANY RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS, OF ANY THIRD PARTY PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US HEREUNDER, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.

Termination
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate or suspend your account or right to use these Services, and to block or prevent your future access to and use of the Services for any reason or no reason. Upon termination those terms that by their nature are intended to survive termination (such as intellectual property ownership, arbitration obligations, indemnification obligations, limitations of liability, and payment obligations owed to Swtch that accrued prior to the termination and any other amounts owed by you under the Agreement, including claims, fines, penalties, and other liability incurred by Swtch caused by your use of the Services) will survive.
Governing law
These Terms and the relationship between you and Swtch shall be governed by the laws of the State of California as if you signed these Terms in California. The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.
Consent to arbitrate and class action waiver
To the fullest extent permitted by applicable law, you and Swtch agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association (“AAA”). Please visit www.adr.org for more information about arbitration.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the federal, state, provincial or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail, or by Federal Express (signature required) or, only if the other party has not provided a current physical address, then by electronic mail (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Swtch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Swtch must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Swtch will pay you the highest of: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Swtch in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.

Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure), then the payment of all fees will be governed by the AAA rules. In that case, you will reimburse Swtch for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

You also acknowledge and understand that, with respect to any dispute between you and Swtch, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship: (a) You are giving up your right to have a trial by jury; (b) You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and (c) any action or proceeding by you relating to such dispute must commence within one year after the cause of action accrues or it is forever barred.

If Swtch changes this arbitration provision, you may reject the change by sending Swtch written notice within 30 days of the change, in which case your account with Swtch will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If all or any part of this arbitration section is found to be unenforceable, then the remaining provisions of these Terms will remain in effect under the “Severability” clause below, and the exclusive jurisdiction and venue described above will govern any action arising out of or related to the Terms.This agreement to arbitrate will not preclude you or Swtch from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Swtch from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Swtch's intellectual property rights.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Los Angeles, California, and you and we hereby submit to the personal jurisdiction and venue of these courts. In the event of any litigation or arbitration arising from or related to the Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation or arbitration.

Modifications to Terms
Swtch may amend the Terms at any time with notice that we deem to be reasonable under the circumstances (each a “Revised Version”) by (i) posting revised Terms via the Services, and/or (ii) notifying you of material changes, generally via email where practicable, and otherwise through the Services (such as through a notification on the Swtch Sites or Apps). The Revised Version will be effective as of the time it is communicated, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any dispute between the parties that arose before the effective date of a Revised Version is governed by the Terms (including the binding individual arbitration clause) that was in place when the dispute arose.

Excused non-performance
Swtch will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and if failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Swtch including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Communications
Swtch may provide disclosures and notices regarding the Services, the Terms, or your account to you electronically by posting it to one of the Sites, or by emailing it to an email address listed in your user account. Those electronic disclosures and notices will have the same meaning and effect as if you were provided with physical copies. Those disclosures and notices are considered received by you within 48 hours of the time posted or emailed to you unless Swtch receives notice of non-delivery. 

Full Agreement Between You and Us
These Terms are the entire agreement between You and Swtch with respect to the Services, which include swtchunderwear.com (the “Site”) and other websites operated by Swtch, any mobile applications provided by Swtch that reference these Terms (“App”), any social media plugins provided by Swtch that reference these Terms, and any other services operated by Swtch that reference these Terms. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Swtch with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver by any party of any of the Terms will be effective unless explicitly set forth in writing and signed by the party so waiving. NOTHING IN THE TERMS  WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

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