Effective Date: September 01, 2022 These Terms of Use (these “Terms”) constitute a legal agreement between you and Removery, LLC (“Removery,” “us,” “our,” or “we”) in respect of your use of the Removery.com website or mobile application (the “App”)(collectively, the “Site”), and the services advertised therein, (our “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU MUST PROMPTLY CEASE USING IT. You must be over 16 years old in order to use the Site. If you are under 16, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian must agree to these Terms on your behalf. 1. YOUR ACCESS TO THE SITE 2. PERMITTED USE AND RESTRICTIONS 3. PAYMENTS, PACKAGES, AND REFUNDS 4. PRODUCTS 5. CANCELLATIONS, NO-SHOWS, AND LATE ARRIVALS 6. RESULTS 7. USER CONTENT 8. PRIVACY 9. TEXT MESSAGE SERVICE TERMS 10. SECURITY AND PASSWORDS 11. INTELLECTUAL PROPERTY RIGHTS 12. THIRD-PARTY SITES AND SERVICES 13. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3 14. INDEMNITY 15. WARRANTY DISCLAIMER 16. LIMITATION OF LIABILITY 17. TERMINATION 18. COMMUNICATION BETWEEN US 19. GOVERNING LAW; JURISDICTION 20. OTHER IMPORTANT TERMS 21. DISPUTE RESOLUTION 22. CHANGES TO THESE TERMS 23. CONTACT US

1. YOUR ACCESS TO THE SITE

1.1. Internet Access. When using the Site on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2. Your Device. Removery is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.

1.3. No Guarantee. Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.

2. PERMITTED USE AND RESTRICTIONS

2.1 License Grant. Subject to the terms and conditions of these Terms, Removery hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

2.2 Use Restrictions. You may not access or use the Site in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (b) sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (c) use the Site for any unlawful, prohibited, abnormal or unusual activity as determined by Removery in its sole discretion.

2.3 Investigations. We may, but are not obligated to, monitor or review our Site at any time. If we become aware of any possible violations by you of these Terms we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site pursuant to Section 16 below.

2.4 Violation of these Terms. You must not use (or permit a third-party to use) the Site: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (c) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, (d) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Removery has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

2.5 Accounts. In order to use aspects of the Site, you may be asked to register for and maintain an active personal user account (“Account”). You must be at least 16 years of age to register for an Account. Unless otherwise permitted by us in writing, you may register for only one Account.

3. PAYMENTS, PACKAGES, AND REFUNDS

If you choose, at your sole discretion, to purchase Services, or other materials from Removery, you agree that with your authorization, we may charge your credit card, or other chosen payment method the amount of your selected Service, and you understand that all payments must be in U.S. dollars. If you join one of our Removery packages, the price of the Service is payable in full before the Service can be rendered. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. You will automatically be charged each month for your ongoing package, even if you have canceled your package prior to the end of that subscription period. Further, unless you cancel your package prior to the end of your then-current subscription period, at the end of that period, your package will automatically be renewed for an additional subscription period of the same amount of time. We use third-party payment service providers and lending institutions in lieu of directly processing your credit card or other payment information. By submitting your credit card to us, or bank account information to your lending institution, you grant Removery the right to store and process your information with such third-parties. You agree that Removery will not be responsible for any failures of such third-parties to adequately protect your information. See also Third-Party Sites and Services below. All package sales and all Services are non-refundable except in the following circumstances:

• Our medical director determines or agrees that in his/her sole discretion that you are no longer an appropriate candidate to receive treatment due to a medical condition. If you have commenced treatment the refund will be equal to the number of outstanding treatments that have not been performed at the discounted package price per treatment, less a $100 administrative fee. The refund will be processed and returned to you within 45 days in the same manner as previous payments were collected where possible.

Except in accordance with the above conditions and applicable state law, all fees and Services are non-refundable. All other refund requests must be reviewed by our management team and should be submitted in writing to [email protected] titled: Refund request.

4. PRODUCTS

The products displayed or offered at one of our locations can be ordered and delivered only within the U.S. and Canada. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings, without notice, at any time. Reference to any third-party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Removery. All products sold by or received from Removery are intended to be used for personal purposes only. You may not sell or resell any products you purchase or otherwise receive from Removery. Removery reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Removery in its sole discretion.

5. CANCELLATIONS, NO-SHOWS, AND LATE ARRIVALS

If you habitually fail to attend for scheduled services or cancel scheduled services less than 24 hours prior to the scheduled service time, we may, at our sole discretion, assess a fifty-dollar ($50.00) fee.If you habitually fail to attend for scheduled services or cancel scheduled services less than 24 hours prior to the scheduled service time, we may, at our sole discretion, assess a fifty-dollar ($50.00) fee.

6. RESULTS

Removery is committed to giving your our best and getting you the best results. However, laser tattoo removal, and aesthetic treatments generally, are not an exact science and how you may respond to a given treatment may vary from person-to-person. We cannot guarantee, and there can be no warranty (express or implied) by anyone for, a particular result, and our before and after photos show results applicable to a particular person only. It is nearly impossible to predict results, and therefore, payments made for Services are for the performance of the treatments– not for a specific result. Occasionally additional treatments and/or treatment for problems or complications may be required. These could result in additional charges for which you may be responsible.

7. USER CONTENT

Whenever you make use of a feature that allows you to upload any content such as any text, or other content via the Site (“User Content”), you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, licensees, licensors, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third-party relating in any way to your use of the Site or breach of these Terms or from any third-party claims arising as a result of your use of the Site. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of the Site. Any User Content you upload to the Site and any feedback or suggestions you provide to us regarding the Site, you acknowledge and agree that: (i) such User Content will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Site or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Content, and the right to transfer or sublicense such rights; (iii) we may have something similar to the User Content already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate. The Site may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Removery, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Removery. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

8. PRIVACY

These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available at https://removery.com/privacy-policy/ (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to fully access or use the Site. If at any time, you choose to cancel or re-activate your Account, please email us, as detailed below. By agreeing to these Terms or using the Site, you agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, appointment reminders, or marketing materials. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.

9. TEXT MESSAGE SERVICE TERMS

Communications from Removery. By using our website, removery.com, (“Site”), or mobile application, you also agree to receive communications from us, including via email, text message calls, and push notifications (each to the extent permitted by applicable law). Communications from us may include responses to your inquiries, operational communications concerning your account, or marketing materials. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

1. Mobile Messaging Service. In addition, Removery offers a mobile messaging Service (the “Service”), which you agree to use and participate in subject to these Text Message Service Terms and Conditions (“Agreement”)). By opting-in to or participating in the Service, you accept and agree to this Agreement, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 21 (Dispute Resolution) below. This Agreement is limited to the Service and is not intended to modify other terms or the Removery Privacy Policy that may govern the relationship between you and Removery in other contexts.
2. Signing Up and Opting-In to the Service. Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (or under 19 years old in Alabama and Nebraska). Removery reserves the right to stop offering the Service at any time with or without notice.
   1. By opting into the Service, you:
      1. authorize Removery to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
      2. acknowledge that you do not have to agree to receive messages as a condition of purchase.
      3. confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
      4. consent to the use of an electronic record to document your opt-in.
   2. Messages You May Receive. Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive an alert when:
      1. you are welcomed into the Service
      2. you make a purchase
      3. you complete a visit
      4. there are general marketing or promotions
   3. Marketing. Without limiting the scope of the Service, users that opt-into the Service can expect to receive messages concerning the marketing and sale of services and events.
3. Charges and Carriers. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers vary and may not be available on all wireless carriers. Removery may add or remove any wireless carrier from the Service at any time without notice. Removery and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. Compatible carriers include: AT&T, T-Mobile® Carriers are not liable for delayed or undelivered messages, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell and Virgin Mobile®
4. To Stop the Service. If you do not wish to continue participating in the Service or no longer agree to this Agreement, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from Removery in order to opt out of the Service. To opt out of Marketing messages, text STOP, END, UNSUBSCRIBE, or QUIT to 63868 OR 95392, for help with Marketing messages, type HELP to 63868 OR 95392 . You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
5. Our Disclaimer of Warranty. The Service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Removery’s control.
6. Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.
7. Contact Us. You can contact us at [email protected] .

10. SECURITY AND PASSWORDS

You are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Site. We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

11. INTELLECTUAL PROPERTY RIGHTS

10.1 Trademarks. The Removery name and logo are trademarks and service marks of Removery. You do not have the right to use any of Removery’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

10.2 Ownership. You acknowledge that all intellectual property rights in the Site, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Removery, protected by intellectual property laws. You acknowledge and agree that Removery, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that Removery has designated as confidential and you agree not to disclose such information without Removery prior written consent. Nothing posted on the Site grants a license to any Removery trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of the Removery Executive Management Team. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

12. THIRD-PARTY SITES AND SERVICES

The Site may contain links to or allow you to share content directly with other third-party services, including but limited to our reservation management platform and application, banks and financing institutions, Facebook, Twitter, and Instagram (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

13. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

14. INDEMNITY

You agree to indemnify and hold the Indemnified Parties harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Site; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

15. WARRANTY DISCLAIMER

WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Site is accurate, complete or up-to-date, or that the Services will render a particular result. To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Site and our Services, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to our Services, the Site, and all information and content included on the Site. No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty. We only supply the Site for domestic, personal and private use. You agree not to use the Site for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR OUR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE OR OUR SERVICES OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF REMOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Site and/or our Services including, without limitation, content on the Site or results of our Services, is to stop using the Site and/or our Services. Such limitation shall also apply with respect to damages incurred by reason of third-party services or products received through or advertised in connection with the Site, our Services, or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site, our Services, or any links on the Site. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Site. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site, our Services, or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for the Services, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Site or our Services must be brought within one year after such claim or cause of action arises or be forever barred. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REMOVERY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON REMOVERY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

17. TERMINATION

We may terminate these Terms, deactivate your Account, and/or terminate your permission to use the Site or our Services immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (b) we discontinue the Site or any of our Services; or (c) we are prevented from providing the Site or our Services for any reason. Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the Site and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider. On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease all activities authorized by these Terms (including your use of the Site), and (c) you must immediately uninstall and remove the App from your device(s), and (d) you acknowledge that we may restrict your access to the Site and/or remove the App from your device.

18. COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

19. GOVERNING LAW; JURISDICTION

These Terms are governed by Texas law, without regard to conflict of laws principles. You and Removery agree that the state and federal courts located in the County of Travis, Texas will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your access to or use of the Site and our Services, and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Removery shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

20. OTHER IMPORTANT TERMS

20.1 Assignment. The rights granted to you under these Terms may not be assigned without Removery’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.

20.2 Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

20.3 Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

20.4 No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Removery of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

20.5 Equitable Remedies. You acknowledge and agree that Removery would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

20.6 Entire Agreement. These Terms including the documents referenced in these Terms, constitutes the entire agreement between you and Removery with respect to the Site and supersedes any and all prior agreements between you and Removery relating to the Site.

20.7 Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

21. DISPUTE RESOLUTION

1. User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 8 (Contact Us) below.
2. Arbitration Procedures. In the event your concern cannot be resolved informally, you and Removery agree that, except as provided in Section 7(e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 7(Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail. Except as otherwise set forth in Section 7(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Removery will have the opportunity for discovery of non- privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Removery may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
3. Location. The arbitration will take place in the County of Travis, Texas, United States of America, unless the parties agree to video, phone, or internet connection appearances.
4. Limitations. You and Removery agree that any arbitration shall be limited to the Claim between Removery and you individually. YOU AND REMOVERY AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
5. Exceptions to Arbitration. You and Removery agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any “Excluded Dispute”, which is defined as any dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights or (2) any claim that an applicable federal statute expressly states cannot be arbitrated; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
6. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
7. Severability. You and Removery agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 7(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 7(e) is found to be illegal or unenforceable then neither you nor Removery will elect to arbitrate any Claim falling within that portion of Section 7(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Travis, Texas United States of America, and you and Removery agree to submit to the personal jurisdiction of that court.

22. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Site (we may also email you about any material changes to these Terms). We want you to be informed of important changes to our Terms, but some changes are not that important — we don’t want to bother you every time we fix a typo. So, while we may modify these Terms at any time, we will notify you of any changes that affect your rights. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.

23. CONTACT US

If you have any questions or comments relating to the Site or these Terms, please contact us at: Removery, LLC 1400 S Congress Ave Austin, TX 78704 (866) 465-0090 [email protected]