240 Tech LLC Terms of Use

Effective October 24, 2023

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the 240 Tech LLC (“240 Tech,” “we,” “us,” “our”) website at ovaljet.com (the “Site”, including any successor domains), our TurbineTM mobile application (the “App”), your engagement with any content, and/or use of any of our services (collectively, the “Service”). We offer the Service only to you (referred to as “you” or “user”) under these Terms.

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.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 18 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

1.              Your Access to the Service

2.              Permitted Use and Restrictions

3.              Privacy

4.              User Accounts and Security

5.              Order Placement

6.              Terms Appliable to App Users

7.              Access Fees

8.              Location

9.              Idea Submissions

10.           Intellectual Property Rights

11.           Third-Party Sites and Services

12.           Indemnity

13.           Warranty Disclaimer

14.           Limitation of Liability

15.           Termination

16.           Communication Between Us

17.           Governing Law

18.           Dispute Resolution

19.           Notice for California Residents

20.           Notice for New Jersey Residents

21.           Other Important Terms

22.           Changes to These Terms

23.           Contact Information

 

1. Your Access to the Service
   
   1. Internet Access. When using the Service via, laptop, desktop, mobile handset, tablet, or other device (the “Device”), you acknowledge and agree that you are responsible for: (i) maintaining Internet access for the Device through a Wi-Fi or LTE data communication network; and (ii) any Internet connection and telecommunications fees and charges that you incur.
   2. The Device. 240 Tech is not responsible for the operation of the Device. You are responsible for ensuring the system functions of the Device are in working order when accessing the Service, including, but not limited to screen display operation features of the Device.
   3. No Guarantee. Your access to the Service may be suspended temporarily and without notice: (i) in the event of system failure; (ii) for maintenance or repair; (iii) where we reasonably suspect there has been a breach of these Terms; (iv) for reasons reasonably beyond our control; or (v) as otherwise explained in these Terms.
2. Permitted Use and Restrictions
   
   1. License Grant. Subject to these Terms, 240 Tech hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that we provide in our discretion to replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
   2. Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by 240 Tech in its sole discretion.

c.      Eligibility. In order to access and use the Service or register an account you must be an individual at least 18 years of age and able to enter into legally binding contracts.

2. 4.  Investigations. We may, but are not obligated to, monitor or review the Service 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 and access to the Service pursuant to Section 15 (Termination) below.
   5. Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) 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 Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) 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 240 Tech 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.
3. Privacy
   
   1. These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). 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). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to: (i) the processing of your personal information as explained in the Privacy Policy; and (ii) the collection of information from your device as explained in the Privacy Policy.

4.     User Accounts and Security

4. 1. User Accounts. To use certain features of the Service, you may be required to create a 240 Tech account and provide us with a username, password, email, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Service.
   2. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify 240 Tech immediately if you become aware of any unauthorized use of your password or your account.
   3. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
   4. Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
   5. Account Deletion by You. You may delete your account at any time by contacting us at the information in Section 23 (Contact Information) below.
   6. Account Deletion by Us. 240 Tech may terminate your account at any time for any reason or no reason, including if: (i) 240 Tech determines that you are: (A) in breach of or otherwise acting inconsistently with these Terms; or (B) engaging in fraudulent or illegal activities or other conduct that may result in liability to 240 Tech; (ii) 240 Tech determines it is required by law to terminate your account; or (iii) 240 Tech decides to stop providing the Service or critical portions of the Service. When terminating your account, 240 Tech may delete your account and the information in it. You have no ownership rights to your account.

5.     Orders Placed through 240 Tech

a.     Order Placement. 240 Tech allows users to place orders through the Service. 240 Tech will send you a confirmation email upon receipt to confirm your order. Once an order is confirmed it may not be canceled or modified. If you need to modify an order, please contact us as soon as possible at admin@240tech.com. We will do our best to accommodate your request but may be unable to make the requested modifications.

b.     Payment and Fees. If you choose, at your sole discretion, to place an order through the Service, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. By submitting Payment Method details to us, you grant (or otherwise authorize) 240 Tech the right to store and process your information.

c.      Chargebacks. In the event a payment dispute occurs resulting in a chargeback, users will be responsible for all chargebacks and any associated fees.

d.     Order Processing. Users will receive a price quote or invoice with their confirmation details. Payment in full and compliance with any other agreed upon terms in the invoice, is required before 240 Tech will process any orders.

e.     Shipping. Most orders for ink and consumables will be shipped within three (3) business days after your order has been processed. Shipping and processing times for OvalJet purchases depends on availability. Users are responsible for any additional shipping costs and fees. Orders may experience shipping delays for reasons outside our control or during special releases, and major holidays. In the event of a shipping delay, we will notify you as soon as possible and work to get your order processed as soon as we can. 240 Tech is not responsible or liable to you for any delays to your order.

f.      Order Cancelation by Us. 240 Tech reserves the right to cancel or reject any orders at 240 Tech’s sole discretion.

g.     Returns. 240 Tech does not accept returns. If you experience an issue with your order, please contact us at the contact information in Section 23 (Contact Information) below. All issue claims will be investigated by 240 Tech. If, at 240 Tech’s sole discretion, we decide your claim is valid under your applicable warranty, we will offer to repair or replace of all or part of the order. Once an order has shipped 240 Tech disclaims all liability for lost or damaged orders. Users are responsible for filing any applicable claims with their mail provider.

h.     Taxes. This section is provided for information purposes only and is not intended to constitute tax advice. All orders are subject to appliable taxes as well as any localized sales tax rates. For users in California, when retail price cannot be calculated, the tax rate will be calculated in accordance with California Regulation 1706. Wholesalers with a valid resale license must email their certificate to admin@240tech.com prior to placing an order.

6. Terms Applicable to App Users
   
   1. This section applies to users who use our App. Use of the App is governed by our Software as a Service Agreement (the “SAAS Agreement”). If you do not agree to the terms of the SAAS Agreement you are not authorized to use our App.
   2. The App allows integration with certain third-party applications such as EasyPost and OrderDesk. Use of these third-party applications is not required to use our App however some functionality of our App may be limited (for example our App uses EasyPost integration to create shipping labels for you). 240 Tech has no control over third-party applications and your use of such services is at your own risk, as defined by Section 11 (Third-Party Sites and Services) below. For more information on EasyPost and OrderDesk you may view their terms and conditions at www.easypost.com/legal/terms and www.orderdesk.com/legal/.
7. Access Fees
   
   1. Access Fee. Access to the Service may require users to pay a monthly access fee (the “Access Fee”). In some cases, your Access Fee will be paid by your employer, in such case you will be deemed an Authorized User as defined in the SAAS Agreement. Authorized users are responsible for communicating with their employer about the 240 Tech Access Fee.

If you or your employer, purchases an Access Fee subscription, the purchaser will be charged the Access Fee, plus any applicable taxes and other charges at the beginning of the subscription period and monthly thereafter. All amounts are quoted in and must be paid in U.S. Dollars.

7. 2. Payment Method. To enroll in the Access Fee subscription, you will be required to provide a current, valid, accepted Payment Method. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. By submitting Payment Method details to us you grant (or otherwise authorize) 240 Tech the right to store and process your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN AN ACCESS FEE SUBSCRIPTION, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE ACCESS FEE SUBSCRIPTION.

7. 3. Updating Your Payment Method. You can update your Payment Method by logging into your account, navigating to the profile settings page, and selecting add or edit payment method. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
   4. Renewal. Your Access Fee subscription will renew automatically at the end of the applicable monthly subscription period until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate and be provided with the option to cancel in accordance with these Terms.
   5. Cancellation. You may cancel your Access Fee subscription at any time. To cancel, visit your profile page and select the option to cancel your subscription, or contact us at  admin@240tech.com. You will continue to have access to the Service through the end of your billing period.
   6. Changes to the Access Fee subscription or Price. We reserve the right to change the Access Fee subscription or adjust pricing for Access Fee in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Access Fee will take effect in the next subscription cycle after notice to you.
   7. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used Access Fee subscription periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users. The amount and form of such refunds, discounts, or other considerations, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.
8. Location
   
   1. The Services is available to users in the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
9. Idea Submissions
   
   1. We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. Please do not send us any Submissions. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
   2. If, despite our request that you not send us Submissions, you nonetheless do so, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions 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 Service 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 Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions 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 Submissions under any circumstances.
10. Intellectual Property Rights
    
    1. Trademarks. The 240 Tech name and logo are trademarks and service marks of 240 Tech. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
    2. Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in and to the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, Submitted Content belonging to other users, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of 240 Tech, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that 240 Tech, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that 240 Tech has designated as confidential, and you agree not to disclose such information without 240 Tech’s prior written consent. Nothing posted on the Service grants a license to any 240 Tech trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of 240 Tech. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
11. Third-Party Sites and Services
    
    1. The Service may contain links to or allow you to share content directly with other third-party websites (“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.
    2. 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.
12. Indemnity
    
    1. You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (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: (i) your use of the Service; (ii) your breach or violation of any of these Terms; or (iii) 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.
13. Warranty Disclaimer
    
    1. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE 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 SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. 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 Service is accurate, complete, or up to date.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) 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 THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED IN THE SERVICE.
    3. No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
    4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
14. Limitation of Liability
    
    1. 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 SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING OUR PRODUCTS)) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF 240 TECH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. 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 Service.
    3. 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 Service 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 services purchased through the Service in the preceding 30 days, 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 Service must be brought within one year after such claim or cause of action arises or be forever barred.
    4. 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, 240 TECH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON 240 TECH’S GOVERNING LAW PROVISION SET FORTH BELOW.
    5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. Termination
    
    1. We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if: (i) you commit any breach of these Terms; (ii) we discontinue the Service; or (iii) we are prevented from providing the Service for any reason.
    2. Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law; or (ii) due to an event beyond our control.
    3. On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately; (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service); and (iii) you acknowledge that we may restrict your access to the Service. Sections 3, 10, and 12–21 will survive any termination or expiration of these Terms.
16. Communication Between Us
    
    1. 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 as indicated in Section 23 (Contact Information) 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.
17. Governing Law
    
    1. These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of Texas in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of Texas or any other jurisdiction). You and 240 Tech agree that, except as otherwise provided below, the state and federal courts located in the State of Texas, in each case in Williamson County or Travis County will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and irrevocably agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, 240 Tech shall be allowed to apply for or otherwise pursue equitable remedies (including injunctions) in any jurisdiction.
18. Dispute Resolution
    
    1. Concerns. Most user concerns can be resolved quickly by contacting us at the contact details in Section 23 (Contact Information).
    2. Disputes. By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
    3. Arbitration Procedures. In the event your concern cannot be resolved informally, you and 240 Tech agree that, except as provided in Section 18(f) 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 these Terms. In the event of a conflict between the terms set forth in this Section 18 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 18(f) 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 240 Tech 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 these Terms: (i) you and 240 Tech 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.

18. 4. Location. The arbitration will take place in the State of Texas in either Williamson County or Travis County unless the parties agree to video, phone, or internet connection appearances.
    5. Limitations. You and 240 Tech agree that any arbitration shall be limited to the Claim between 240 Tech and you individually. YOU AND 240 TECH 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.
    6. Exceptions to Arbitration. You and 240 Tech agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (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.
    7. 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.
    8. Severability. You and 240 Tech agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 18(f)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18(f) is found to be illegal or unenforceable then neither you nor 240 Tech will elect to arbitrate any Claim falling within that portion of Section 18(f) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Williamson County or Travis County in the State of Texas, United States of America, and you and 240 Tech irrevocably agree to submit to the personal jurisdiction of that court.
19. Notice for California Residents
    
    1. 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. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
20. Notice for New Jersey Residents
    
    1. If you are a consumer residing in New Jersey, the following provisions of this TOS Agreement do not apply to you: Section 13 (Warranty Disclaimer), Section 14 (Limitation on Liability), and the Texas governing law provision of Section 17 (Governing Law), above (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
21. Other Important Terms
    
    1. Assignment. The rights granted to you under these Terms may not be assigned without 240 Tech’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    2. Severability. Except as otherwise provided in Section 18(h), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
    3. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 18(g), 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.
    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 240 Tech 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.
    5. Equitable Remedies. You acknowledge and agree that 240 Tech 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.
    6. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and 240 Tech with respect to the Service and supersedes any and all prior agreements between you and 240 Tech relating to the Service.
    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.
22. Changes to These Terms
    
    1. 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 Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
23. Contact Information
    
    1. If you have any questions or comments relating to the Service or these Terms, please contact us at:

240 Tech LLC

1320 Arrow Point Drive,

Suite 406, Cedar Park, TX 78613

 

admin@240tech.com

 

844-OVALJET (844-682-5538)