GENERAL TERMS & CONDITIONS

These are the Terms and Conditions governing the use of our Application and our Website, as those terms are defined below (collectively referred to as the “Service”), as well as the operative agreement between You and Paleo Garage Works LLC, a Texas limited liability company d/b/a Paleo Car Care (the “Company”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. References to "We", "Us" or "Our" in these Terms and Conditions refer to the Company. “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

CONDITIONS OF ACCESS TO AND USE OF THE SERVICE

A. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

B. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

C. You represent and warrant to Us that you are over the age of 18. The Company does not permit those under 18 years of age to use the Service.

D. You represent and warrant that You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and You are not listed on any United States government list of prohibited or restricted parties.

E. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Service.

TERMS OF ACCESS TO AND USE OF THE SERVICE

1. Definitions.
“Application” means the “Paleo Car Care App” mobile application software program provided by the Company downloaded by You on any Device.
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
“Affiliates” of an entity shall include any person or entity that is related to, owns, controls, is a parent, subsidiary or brother/sister company of, or is related to any person or entity that owns, controls or is a parent, subsidiary or brother/sister company of, such entity. With respect to an individual, an Affiliate shall include any person or entity that is related to such individual, as well as any person or entity that employs or otherwise contracts for the services of such individual.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service or the business conducted by the Company.
“Terms and Conditions” mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-Party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to paleocarcare.com, accessible from https://www.paleocarcare.com.

2. User Accounts.
(a) When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on the Service.
(b) You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
(c) You may not use as a username the name of another person or entity or a name 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, or a name that is otherwise offensive, vulgar or obscene.
(d) We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

3. Disclaimer.
(a) THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

4. Intellectual Property.
(a) The Company has made a significant investment in developing its intellectual property, including, but not limited to, the Service and its original content, features and functionality (the “Company IP”). The Company IP is and will remain the exclusive property of the Company and/or its Affiliates and licensors. You acknowledge and agree that You have no, and will not acquire any, ownership interest, license or other legal right in the Company IP. The Company IP may not be used except with the prior express written consent of the Company. The Company IP is protected by intellectual property laws of the State of Texas and the United States of America.
(b) We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or an authorized representative acting on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our Copyright Agent via email ([insert contact email to be used for this purpose]) and include in Your notice the information described in subsection (c) below. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
(c) You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(ii) A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
(iv) Your address, telephone number, and email address;
(v) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

5. Your Feedback to Us.
You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

6. Links to Other Websites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such 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.

7. LIMITATION OF LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS AND CONDITIONS, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE AGGREGATE COLLECTIVE LIABILITY OF THE COMPANY AND ANY OF ITS AFFILIATES UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR ONE HUNDRED U.S. DOLLARS ($100.00) IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.
(c) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Limited Rights to Post Content and Restrictions.
(a) Our Service allows You the limited ability to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
(b) By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
(c) You represent and warrant that: (i) You own the Content or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other intellectual property rights, contract rights or any other rights of any person.
(d) The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account.
(e) You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or is otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: unlawful activity or the promotion of unlawful activity; defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups; spam, machine-generated or randomly generated Content, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person; infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights; impersonating any person or entity including the Company or its Affiliates or their respective employees or representatives; violating the privacy of any third person; and/or false information.
(f) THE COMPANY RESERVES THE RIGHT, BUT DOES NOT HAVE AN OBLIGATION, TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER OR NOT ANY CONTENT IS APPROPRIATE AND COMPLIES WITH THESE TERMS AND CONDITIONS, AND RESERVES THE RIGHT TO REFUSE OR REMOVE THIS CONTENT. THE COMPANY FURTHER RESERVES THE RIGHT TO FORMAT, EDIT AND OTHERWISE CHANGE THE APPEARANCE OF ANY CONTENT. THE COMPANY CAN ALSO LIMIT OR REVOKE THE USE OF THE SERVICE IF YOU POST CONTENT THAT VIOLATES THESE TERMS AND CONDITIONS. AS THE COMPANY CANNOT CONTROL ALL CONTENT POSTED BY USERS AND/OR THIRD PARTIES ON THE SERVICE, YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, INCORRECT OR OBJECTIONABLE, AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR VIEWING OR USE OF ANY CONTENT.
(g) Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or Content that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content, but You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

9. MANDATORY ARBITRATION / WAIVER OF CLASS AND COLLECTIVE ACTIONS / ATTORNEY FEES AND COSTS.
(a) EXCEPT FOR ANY RIGHT THAT MAY EXIST UNDER APPLICABLE LAW TO OBTAIN INJUNCTIVE AND/OR EQUITABLE RELIEF PENDING ARBITRATION AND ANY ADMINISTRATIVE PROCEEDINGS THAT ARE NOT LEGALLY BARRED BY THIS PARAGRAPH, ANY CONTROVERSY, DISPUTE, OR CLAIM (COLLECTIVELY "CLAIM") ARISING OUT OF USE OF THE SERVICE BY YOU OR ANY THIRD PERSON USING YOUR ACCOUNT OR THESE TERMS AND CONDITIONS, WHETHER CONTRACTUAL, IN TORT, OR BASED UPON COMMON LAW OR STATUTE, SHALL BE EXCLUSIVELY DECIDED BY BINDING ARBITRATION HELD PURSUANT TO THE FEDERAL ARBITRATION ACT (THE "F.A.A").
(b) SUCH ARBITRATION SHALL OCCUR IN SAN ANTONIO, TEXAS, AND SHALL BE ADMINISTERED BY A NEUTRAL ARBITRATOR AGREED UPON BY THE PARTIES, WHO SHALL BE PERMITTED TO AWARD, SUBJECT ONLY TO THE RESTRICTIONS CONTAINED IN THIS PARAGRAPH, ANY RELIEF AVAILABLE IN A COURT. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIM, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDINGS. IN THE EVENT AN ACTION IS BROUGHT IN ARBITRATION ON BEHALF OF MULTIPLE INDIVIDUALS, THE ARBITRATOR SHALL HAVE ONLY THE AUTHORITY TO DIVIDE THE ACTION INTO INDIVIDUAL PROCEEDINGS; EACH THEN TO BE HEARD BY AN INDIVIDUAL ARBITRATOR. THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE LEVEL OF DUE PROCESS REQUIRED FOR ARBITRATIONS.
(c) THE ARBITRATOR'S DECISION SHALL BE FINAL, SUBJECT ONLY TO REVIEW UNDER THE F.A.A. THE COSTS OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES UNLESS THE ARBITRATOR CONCLUDES THAT A DIFFERENT ALLOCATION IS REQUIRED BY LAW. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES OVER THE VALIDITY AND/OR ENFORCEABILITY OF ANY PART OF THESE TERMS AND CONDITIONS, INCLUDING THESE ARBITRATION PROVISIONS. ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION.
(d) YOU AGREE THAT ALL CLAIMS AGAINST THE COMPANY AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES OR REPRESENTATIVES SHALL BE BROUGHT AND MAINTAINED BY YOU INDIVIDUALLY; THAT YOU WILL NOT CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER INDIVIDUAL OR ENTITY AND YOU WILL NOT SEEK CLASS OR COLLECTIVE ACTION TREATMENT FOR ANY CLAIM THAT YOU MAY HAVE AND WILL NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST THE COMPANY AND/OR ITS AFFILIATES. IF AT ANY TIME YOU ARE MADE A MEMBER OF A CLASS IN ANY PROCEEDING BARRED BY THESE PROVISIONS, YOU WILL "OPT OUT" AT THE FIRST OPPORTUNITY.
(e) IN THE EVENT THAT ANY PARTY CHALLENGES, OR IS REQUIRED TO INITIATE PROCEEDINGS TO ENFORCE, THE ARBITRATION REQUIREMENTS OF THIS AGREEMENT, THE PREVAILING PARTY TO SUCH CHALLENGES/ENFORCEMENT PROCEEDINGS SHALL BE ENTITLED TO AN AWARD OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES, INCURRED IN LITIGATING SUCH ISSUES. ANY RULING ARISING OUT OF A CLAIM BETWEEN THE PARTIES SHALL, TO THE EXTENT NOT PRECLUDED BY LAW, AWARD COSTS INCURRED IN A PROCEEDING, INCLUDING REASONABLE ATTORNEY FEES, TO THE PREVAILING PARTY.

10. Governing Law.
The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service, except to the extent that the laws of the United States of America supersede Texas law, to which extent the laws of the United States of America shall govern these Terms and Conditions and Your use of the Service.

11. Miscellaneous.
(a) If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
(b) Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
(c) We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to 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. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

12. SMS Alerts and Marketing.
By consenting to Paleo Car Care's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at support@paleocarcare.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy here to determine how we collect and use your personal information.

PALEO CAR CARE BUSINESS ASSOCIATE PROGRAM TERMS AND CONDITIONS

These are the Terms and Conditions governing membership and participation in the Paleo Car Care Business Associate Program, as those capitalized terms are defined in these Terms and Conditions (collectively referred to as the “Program”), as well as the operative agreement between You and Paleo Garage Works LLC, a Texas limited liability company d/b/a Paleo Car Care (the “Company”). These Terms and Conditions set out the rights and obligations of each Paleo Car Care Business Associate (“Associate”) regarding membership and participation in the Program. References to "We", "Us" or "Our" in these Terms and Conditions refer to the Company. “You” collectively refers to the Associate, any Person who is an Affiliate of the Associate, and any Person accessing or using the Associate’s access to the Paleo Car Care Application and/or the Paleo Car Care Website (collectively defined as the “Service”), as those capitalized terms are defined in these Terms and Conditions.

CONDITIONS OF ACCESS TO AND USE OF THE SERVICE

A. Your access to and use of the Service and Your membership and participation in the Program is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to each Associate, any Person who is an Affiliate of the Associate, and any Person accessing or using the Associate’s access to the Service.

B. By selecting the option to “Enroll me in the Paleo Car Care Business Associate Program” below, You agree to be bound by these Terms and Conditions, as well as any and all terms and conditions of membership and/or participation in the Program that may be published by the Company from time to time. If You disagree with any part of these Terms and Conditions then You may not participate in the Program or use the Service.

C. If You are accepting these Terms and Conditions on behalf of an Associate, You represent and warrant to Us that you are over the age of 18 and have been duly authorized by any and all necessary resolutions or other action on behalf of the Associate to enroll Associate in the Program and agree to these Terms and Conditions.

E. Your access to and use of the Service and Your membership and participation in the Program is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal and/or company information when You enroll in the Program and/or when You use the Service and explains Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before enrolling in the Program or using the Service.

TERMS OF ACCESS TO AND USE OF THE SERVICE

1. Definitions.“Account” means a unique account created for You to access the Program, Our Service or parts of Our Service.

“Affiliates” of an entity shall include any person or entity that is related to, owns, controls, is a parent, subsidiary or brother/sister company of, or is related to any person or entity that owns, controls or is a parent, subsidiary or brother/sister company of, such entity. With respect to an individual, an Affiliate shall include any person or entity that is related to such individual, as well as any person or entity that employs or otherwise contracts for the services of such individual.

“Application” means the “Paleo Car Care App” mobile application software program provided by the Company downloaded by You on any Device.

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

“Associate” means a member in good standing of the Paleo Car Care Business Associate Program who is in compliance with any and all terms and conditions or other rules of the Program that are published or otherwise established by the Company from time to time as well as these Terms and Conditions.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. Content includes, but is not limited to, any and all of Your business data and information, customer data and information and order data and information.

“Device” means any device that can access the Service such as a computer, a cell phone, a digital tablet and/or a terminal connected to a point-of-sale system.

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service or the business conducted by the Company.

“Person” means any business entity, trust, estate, executor, administrator, or individual.

“Program” means the Paleo Car Care Business Associate Program, which is subject to any and all terms and conditions of membership and/or participation in the Program that may be published by the Company from time to time.

“Terms and Conditions” mean these Terms and Conditions, as well as any and all terms and conditions of membership and/or participation in the Program that may be published by the Company from time to time, that collectively form the entire agreement between You and the Company regarding the use of the Service and Your membership and participation in the Program.

“Third-Party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

“Website” refers to paleocarcare.com, accessible from https://www.paleocarcare.com or via integration with any of Your Devices.

2. User Accounts.
(a) When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on the Service.
(b) You are responsible for safeguarding the password that You use to access the Program and/or the Service and for any activities or actions under Your password, whether Your password is with Our Program, Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
(c) You may not use as a username the name of another person or entity or a name 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, or a name that is otherwise offensive, vulgar or obscene.
(d) We may terminate or suspend Your Account, Your access to the Service and/or Your membership and participation in the Program immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach any of these Terms and Conditions and/or any of the terms and conditions of membership and/or participation in the Program that may be published and/or amended from time to time as the Company determines appropriate in its discretion. Upon termination or suspension, Your right to use the Service and/or any rights as a member of the Program will cease immediately.

3. Membership / Participation in the Program.When You select the option to “Enroll me in the Paleo Car Care Business Associate Program” below, You are applying to become a Member of the Paleo Car Care Business Associate Program and You agree to each of the following terms and conditions:
(a) You agree to participate in the onboarding process of the Program and follow the Program onboarding steps as they may be published and/or amended from time to time by the Company. While participating in the onboarding process, You represent and warrant that any and all information provided to the Company about the proposed Business Associate is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your membership and/or participation in the Program and/or access to the Service.
(b) You acknowledge and agree that the Company reserves the right to accept or decline You as an Associate. You acknowledge and agree that the Company reserves the right to amend the terms and conditions of membership and/or participation in the Program from time to time as the Company determines appropriate in its discretion. You acknowledge and agree that the Company also reserves the right to limit your participation in the Program to include some but not all of the benefits of membership in the Program.
(c) You acknowledge and agree that, in order to achieve the benefits of integration of the Service on Your Devices and membership and/or participation in the Program, Your Content will be disclosed to the Company. You authorize the Company to use Your Content for any purpose the Company determines appropriate in its discretion, including, but not limited to, preparation, publication and review of analytics; calculation and review of the economics of Our agreement with You; and Our direct marketing and delivery of promotional materials to Your customers and potential customers.
(d) You acknowledge and agree to display signage indicating that You are a Paleo Car Care Business Associate at any and all of Your locations that complies with the terms and conditions of membership and/or participation in the Program that may be published and/or amended from time to time as the Company determines appropriate in its discretion.
(e) You authorize the Company to include any and all of Your locations in a published list of Company locations.
(f) You acknowledge and agree that, in order to achieve the benefits of integration of the Service on Your Devices and membership and/or participation in the Program, the Company will be the Associate’s exclusive vendor for automotive parts and that this requirement of exclusivity is reasonable and necessary to protect the investment made by the Company in its Intellectual Property, the Service and the Program. As a result, You agree that neither You nor the Associate nor any Person who is an Affiliate of the Associate nor any Person accessing or using the Associate’s access to the Service is permitted to order or acquire automotive parts from any Person other than the Company.
(g) You acknowledge and agree that, by virtue of having access to the Service and the Program, You will have access to valuable confidential and proprietary and/or otherwise protectable information of the Company (the “Confidential Information”) and the following provisions are reasonable and necessary to protect the Confidential Information as well as the investment made by the Company in its Intellectual Property, the Service and the Program. As a result, You agree that neither You nor the Associate nor any Person who is an Affiliate of the Associate nor any Person accessing or using the Associate’s access to the Service is, directly or indirectly, whether as a sole proprietor, partner, venturer, stockholder, director, officer, employee, consultant, agent or in any other capacity, permitted to do any of the following:
(i) engage or participate in any employment or activity that is directly competitive with the Company, including but not limited to working in any capacity, either directly or indirectly through one or more third parties, for a competitor, customer or vendor of the Company within a fifty (50) mile radius of any Company business location;
(ii) engage or participate in any activity that is directed to or designed to solicit or divert any Company Associate, contractor, customer or potential customer, employee, supplier, vendor and/or any Person with which You interacted while a member of or participating in the Program and/or using the Service (collectively, "Company Contacts") for the benefit of any person or entity other than the Company;
(iii) solicit, attempt to solicit, assist another to solicit Company Contacts or, in any other way, attempt to influence Company Contacts to alter or terminate their business relationships with the Company;
(iv) use the Confidential Information for any purpose other than to perform services as an Associate in compliance with these Terms and Conditions and the terms and conditions of membership and/or participation in the Program that may be published and/or amended from time to time as the Company determines appropriate in its discretion;
(v) permit the Confidential Information to be disclosed to any third party except to the extent expressly authorized in writing in advance by the Company; and/or
(vi) perform services or provide automotive parts or provide any other goods or materials to any customer or potential customer referred to You by the Program except through the Program and in compliance with these Terms and Conditions and the terms and conditions of membership and/or participation in the Program that may be published and/or amended from time to time as the Company determines appropriate in its discretion.

4. Disclaimer.
(a) THE SERVICE AND THE PROGRAM ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
(b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR THE PROGRAM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
(c) WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS; OR (V) THAT MEMBERSHIP OR PARTICIPATION IN THE PROGRAM WILL RESULT IN ANY BUSINESS, CUSTOMERS, REVENUE, PROFITABILITY, OR OTHER BENEFITS.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

5. Intellectual Property.
(a) The Company has made a significant investment in developing its intellectual property, including, but not limited to, the Program, the Service and its original content, features and functionality (the “Company IP”). The Company IP is and will remain the exclusive property of the Company and/or its Affiliates and licensors. You acknowledge and agree that neither You nor any Affiliate has or will acquire any, ownership interest, license or other legal right in the Company IP. The Company IP may not be used except with the prior express written consent of the Company. The Company IP is protected by intellectual property laws of the State of Delaware, the State of Texas and the United States of America.
(b) We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or an authorized representative acting on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our Copyright Agent via email and include in Your notice the information described in subsection (c) below.
(c) Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
(d) You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(ii) A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
(iv) Your address, telephone number, and email address;
(v) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

6. Your Feedback to Us.
You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non- exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub- license, distribute, modify and exploit such Feedback without restriction.

7. Links to Other Websites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such 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.

8. LIMITATION OF LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, MEMBERSHIP OR PARTICIPATION IN THE PROGRAM OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS AND CONDITIONS OR THE TERMS AND CONDITIONS OF THE PROGRAM, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE AGGREGATE COLLECTIVE LIABILITY OF THE COMPANY AND ANY OF ITS AFFILIATES RELATED THE SERVICE, THE PROGRAM, OR UNDER ANY PROVISION OF THE TERMS AND CONDITIONS OF THE SERVICE OR THE PROGRAM AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE DURING THE LAST SIX (6) MONTHS OR ONE HUNDRED U.S. DOLLARS ($100.00) IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE DURING THE LAST SIX (6) MONTHS.
(c) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Limited Rights to Post Content and Restrictions.
(a) Our Service allows You the limited ability to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
(b) By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
(c) You represent and warrant that: (i) You own the Content or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other intellectual property rights, contract rights or any other rights of any person.
(d) The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account.
(e) You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or is otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: unlawful activity or the promotion of unlawful activity; defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups; spam, machine-generated or randomly generated Content, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person; infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights; impersonating any person or entity including the Company or its Affiliates or their respective employees or representatives; violating the privacy of any third person; and/or false information.
(f) THE COMPANY RESERVES THE RIGHT, BUT DOES NOT HAVE AN OBLIGATION, TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER OR NOT ANY CONTENT IS APPROPRIATE AND COMPLIES WITH THESE TERMS AND CONDITIONS, AND RESERVES THE RIGHT TO REFUSE OR REMOVE THIS CONTENT. THE COMPANY FURTHER RESERVES THE RIGHT TO FORMAT, EDIT AND OTHERWISE CHANGE THE APPEARANCE OF ANY CONTENT. THE COMPANY CAN ALSO LIMIT OR REVOKE THE USE OF THE SERVICE IF YOU POST CONTENT THAT VIOLATES THESE TERMS AND CONDITIONS. AS THE COMPANY CANNOT CONTROL ALL CONTENT POSTED BY USERS AND/OR THIRD PARTIES ON THE SERVICE, YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, INCORRECT OR OBJECTIONABLE, AND YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR VIEWING OR USE OF ANY CONTENT.
(g) Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or Content that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content, but You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

10. MANDATORY ARBITRATION / WAIVER OF CLASS AND COLLECTIVE ACTIONS / ATTORNEY FEES AND COSTS.
(a) EXCEPT FOR ANY RIGHT THAT MAY EXIST UNDER APPLICABLE LAW TO OBTAIN INJUNCTIVE AND/OR EQUITABLE RELIEF PENDING ARBITRATION AND ANY ADMINISTRATIVE PROCEEDINGS THAT ARE NOT LEGALLY BARRED BY THIS PARAGRAPH, ANY CONTROVERSY, DISPUTE, OR CLAIM (COLLECTIVELY "CLAIM") ARISING OUT OF USE OF THE SERVICE BY YOU OR ANY THIRD PERSON USING YOUR ACCOUNT OR THESE TERMS AND CONDITIONS, WHETHER CONTRACTUAL, IN TORT, OR BASED UPON COMMON LAW OR STATUTE, SHALL BE EXCLUSIVELY DECIDED BY BINDING ARBITRATION HELD PURSUANT TO THE FEDERAL ARBITRATION ACT (THE "F.A.A").
(b) SUCH ARBITRATION SHALL OCCUR IN SAN ANTONIO, TEXAS, AND SHALL BE ADMINISTERED BY A NEUTRAL ARBITRATOR AGREED UPON BY THE PARTIES, WHO SHALL BE PERMITTED TO AWARD, SUBJECT ONLY TO THE RESTRICTIONS CONTAINED IN THIS PARAGRAPH, ANY RELIEF AVAILABLE IN A COURT. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIM, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDINGS. IN THE EVENT AN ACTION IS BROUGHT IN ARBITRATION ON BEHALF OF MULTIPLE INDIVIDUALS, THE ARBITRATOR SHALL HAVE ONLY THE AUTHORITY TO DIVIDE THE ACTION INTO INDIVIDUAL PROCEEDINGS; EACH THEN TO BE HEARD BY AN INDIVIDUAL ARBITRATOR. THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE LEVEL OF DUE PROCESS REQUIRED FOR ARBITRATIONS.
(c) THE ARBITRATOR'S DECISION SHALL BE FINAL, SUBJECT ONLY TO REVIEW UNDER THE F.A.A. THE COSTS OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES UNLESS THE ARBITRATOR CONCLUDES THAT A DIFFERENT ALLOCATION IS REQUIRED BY LAW. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES OVER THE VALIDITY AND/OR ENFORCEABILITY OF ANY PART OF THESE TERMS AND CONDITIONS, INCLUDING THESE ARBITRATION PROVISIONS. ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION.
(d) YOU AGREE THAT ALL CLAIMS AGAINST THE COMPANY AND/OR ITS AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES OR REPRESENTATIVES SHALL BE BROUGHT AND MAINTAINED BY YOU INDIVIDUALLY; THAT YOU WILL NOT CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER INDIVIDUAL OR ENTITY AND YOU WILL NOT SEEK CLASS OR COLLECTIVE ACTION TREATMENT FOR ANY CLAIM THAT YOU MAY HAVE AND WILL NOT PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST THE COMPANY AND/OR ITS AFFILIATES. IF AT ANY TIME YOU ARE MADE A MEMBER OF A CLASS IN ANY PROCEEDING BARRED BY THESE PROVISIONS, YOU WILL "OPT OUT" AT THE FIRST OPPORTUNITY.
(e) IN THE EVENT THAT ANY PARTY CHALLENGES, OR IS REQUIRED TO INITIATE PROCEEDINGS TO ENFORCE, THE ARBITRATION REQUIREMENTS OF THIS AGREEMENT, THE PREVAILING PARTY TO SUCH CHALLENGES/ENFORCEMENT PROCEEDINGS SHALL BE ENTITLED TO AN AWARD OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES, INCURRED IN LITIGATING SUCH ISSUES. ANY RULING ARISING OUT OF A CLAIM BETWEEN THE PARTIES SHALL, TO THE EXTENT NOT PRECLUDED BY LAW, AWARD COSTS INCURRED IN A PROCEEDING, INCLUDING REASONABLE ATTORNEY FEES, TO THE PREVAILING PARTY.

11. Governing Law.
The laws of the State of Texas, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service, except to the extent that the laws of the United States of America supersede Texas law, to which extent the laws of the United States of America shall govern these Terms and Conditions and Your use of the Service.

12. Miscellaneous.
(a) If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
(b) Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
(c) We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to 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. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions:

You can contact Us by visiting this page on Our website: https://www.paleocarcare.com/contactus.html; and

You can contact Us by sending an email: contact@paleocarcare.com.