TERMS & CONDITIONS

Welcome to Pl8tek.com and our Terms of Service (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully.

By accessing or using the websites and/or mobile applications (collectively, the “Site”) provided by Pl8tek LLC (herein referred to as “Pl8tek,” “we,” “us” or “our”), including, without limitation, www.pl8tek.com, pursuant to which we offer and make available our unique proprietary products or other products for purchase (the “Products”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Your further consent to the collection, use and disclosure of information as described in this Agreement and our Privacy Policy. This Agreement applies to all users of the Site. If you have any questions regarding this Agreement or our Privacy Policy please contact us at {email}.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Site. We may also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site or order any Products through the Site. Notwithstanding the foregoing, if you and Pl8tek have executed a separate supply agreement or other written agreement for the purchase of Products, such written agreement shall control.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

This Site is intended only for users who are at least 18 years of age.

PRIVACY

Our Privacy Policy, which is incorporated into this Agreement by reference, further describes the collection and use of information on this Site. Notwithstanding anything else to the contrary contained in this Agreement, Pl8tek’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Pl8tek’s protection of your personal information, please refer to our PRIVACY POLICY.

Notwithstanding the foregoing, Pl8tek may disclose any information we have about you (including your identity) if we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our policies and Terms of Service; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of the Services, our employees, our service providers, our subcontractors, other third parties, or equipment that belongs to us, our service providers, or our subcontractors and to prevent or address fraud and other illegal activities. Disclosures in this limited scenario would be made to a court of law, law enforcement, or other public or government authority.

ACCOUNTS, PASSWORDS, AND SECURITY

To browse and use public portions of the Site, you are not required to sign up or register for an account. However, certain features of the Site may be available only by secure login and may require you to create an account and a password. If you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account, including all purchases of Products through your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Pl8tek will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.

We reserve the right to disable or suspend any user, account or password at any time for any reason, with or without prior notice to you.

RESTRICTIONS ON USE, COPYRIGHT AND TRADEMARK NOTICE

The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content, including the selection and arrangement thereof (collectively with all information and material about the Pl8tek brand, and Product offerings, "Content"). All of the Content made available on or through the Site, including, for example, all of the images, illustrations, graphics, video clips and text, are the sole property of Pl8tek and its licensors and are protected by patent, copyright, trademark and other intellectual property laws. Content may not be used other than as permitted in this Agreement or with Pl8tek’s express written consent.

Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Pl8tek or its licensors and protected by U.S. and international copyright laws. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, create derivative works from, transfer, or sell any information or Content, in whole or in part without the prior written authorization of Pl8tek or any applicable third party licensors. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Pl8tek. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Pl8tek does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Site will not infringe upon the rights of third parties.

TRADEMARKS

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Pl8tek and its third party licensors. You may not display or reproduce the Marks other than with the prior written consent of Pl8tek or the applicable third party licensor, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Pl8tek or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pl8tek or their respective owners.

Other than as expressly provided herein, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pl8tek. You may not frame or utilize framing techniques to enclose any Content or trademark, logo, or other proprietary information of Pl8tek without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pl8tek's name or trademarks without the express written consent of Pl8tek. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site.com so long as the link does not portray Pl8tek, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or suggest any sponsorship, endorsement or other relationship between you and Pl8tek. This license does not include any resale or commercial use of this Site or the Content; any collection and use of any listings, descriptions, or prices; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Pl8tek reserves all rights not expressly granted. Any unauthorized use terminates the permissions or license granted by Pl8tek under this Agreement.

TERMS OF SALE

Additional terms and conditions may apply to purchases of Pl8tek Products and to specific portions or features of the Site (“Additional Policies”), all of which terms when posted on the Site or attached to your purchase of Products, are made a part of this Agreement by this reference. You agree to abide by such Additional Policies, including where applicable representing that you are of sufficient legal age to purchase, possess or use the Products. If there is a conflict between this Agreement and the Additional Policies, the terms of the Additional Policies shall control with respect to the applicable Product or use of the Site.

Pl8tek's obligations, if any, with regard to its Products are governed solely by this Agreement, including any Additional Policies pursuant to which they are provided.

Pl8tek may make changes to any Products or services offered on the Site, or to the applicable prices for any such Products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Pl8tek makes no commitment to update the materials on the Site with respect to such products and services. We reserve the right to discontinue any Products at any time for any reason.

All intellectual property in and relating to the Products, including all patent, copyright, trademark and other proprietary rights, remain the property of Pl8tek. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes absent a separate written agreement with Pl8tek. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

PRICING

Except where noted otherwise, the prices displayed for Products on our Site represents the full retail price. Prices are listed by Pl8tek and are subject to change from time to time. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.

PRODUCT DESCRIPTIONS; AVAILABILITY

Pl8tek attempts to be as accurate as possible in displaying and describing its Products. However, Pl8tek does not warrant that Product descriptions, displays or other content of the Site is accurate, complete, reliable, current, or error-free or that your electronic display accurately reflects the actual colors and details of the Products. All products are subject to availability, and we cannot guarantee that items will be in stock. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In cases where these items do not become available for shipping, we will notify you by email and cancel the item from your order. If a product offered by Pl8tek itself is not as described, your sole remedy is to return it in unused condition in accordance with the Pl8tek return policy.

ERRORS AND INACCURACIES

The information on this Site may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Pl8tek shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Pl8tek may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

SHIPPING AND DELIVERY ESTIMATES; CREDIT CARD CHARGES; RISK OF LOSS

Unless expressly stated otherwise, all shipping times specified on the Site or any order confirmation are good-faith approximations only, based on the total estimated time to process your order. Please note that this is not a guaranteed delivery date for your order. Shipments to some areas may take longer due to the frequency of deliveries to the delivery zip code, delays in inventory or packaging, transit time to the delivery provider, and transit time to the delivery address.

It is our policy to process all credit card charges in full at the time an order is submitted. By submitting an order on the Site, you agree that your credit card will be charged in full for the balance of your order at the time the order is submitted. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor may use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties for the purposes of payment processing services.

Title to Products which you purchase on the Site, and all associated risk of loss, passes to you upon our delivery of the Products to the shipment carrier. In the event that a product return is necessary, title and risk of loss remains with you until the Product arrives at our facility.

RETURNS AND REFUNDS

Pl8tek truly appreciates your purchase of our products. We understand that there may be circumstances where you want to return a product. If you would like to return a product, simply contact our customer support team at ______________ within 30 days of the ship date of your order. All returns are subject to the following conditions:

Provide your original receipt and order number, which is printed on both the packing slip and invoice. Once accepted, we will issue a return authorization (RA) number and return shipping address. The assigned RA number should be visible on the outside of the package or the package may be rejected and returned at your expense.

Returns will be accepted only if the Product is in original packaging, new condition and undamaged, as determined solely in the discretion of Pl8tek.

Some Products may not be eligible for return, including Products sold as clearance.

Pl8tek reserves the right to charge a restocking fee of up to 20% for returns of greater than 5 duplicate products.

Pl8tek is not responsible for return shipping. You should retain tracking number, confirmation, and shipping paperwork for the return shipment.

If a Product is returned within this time frame and conditions, Pl8tek will exchange it or offer a refund based upon the original payment method.

PROHIBITED USE

Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Pl8tek to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Pl8tek, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Site, you agree you will not:

Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that constitutes hate speech or that may invade another's right of privacy or publicity;

Post or transmit Material or use the Site in any way that encourages conduct that would constitute a criminal offense, give rise to civil liability, target or incites violence or hatred against individuals or groups based on certain characteristics, such as race, ethnicity, religion, disability gender, age or sexual orientation.

Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Pl8tek representative or government, military or law enforcement representative, or falsely state or otherwise misrepresent your affiliation with a person, institution or entity;

Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

Use the Site or any features in a manner that adversely affects the availability of its resources to other users;

Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;

Violate any applicable local, state, national or international law;

Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

Delete or revise any material posted by any other person or entity;

Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;

Harvest or otherwise collect information about others, including e-mail addresses; or

Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

USER MATERIALS

By posting or uploading any Material, you represent and warrant that you have the lawful right to reproduce and distribute such Material and grant the licenses herein. You hereby grant Pl8tek a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Material for Pl8tek business purposes.

Pl8tek reserves the right, but does not undertake the obligation, to monitor your use of the Site and Material and to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement, including, without limitation, the suspension or termination of the user's access and/or account. Pl8tek may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Pl8tek reserves the right at all times to disclose any information as Pl8tek deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pl8tek's sole discretion.

VIOLATION OF TERMS OF USE; TERMINATION

You agree that Pl8tek may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site for any reason including if we determine that you have violated this Agreement. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pl8tek, for which monetary damages would be inadequate, and you consent to Pl8tek obtaining any injunctive or equitable relief that Pl8tek deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pl8tek may have at law or in equity.

Without limiting the foregoing, you agree that Pl8tek may, in its sole discretion and without prior notice, terminate your account and access to the Site, including any open orders, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Pl8tek does take any legal action against you as a result of your violation of this Agreement, Pl8tek will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Pl8tek. You agree that Pl8tek will not be liable to you or to any third party for termination of your access to the Site.

INDEMNITY

Users shall comply with all applicable local, state, and federal law in purchasing, possessing or using the Products. You agree to defend, indemnify and hold harmless Pl8tek, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your use of the Products or any breach of this Agreement.

THIRD PARTY SITES AND PRODUCTS

The Site may contain links to websites and other resources operated by third parties other than Pl8tek. Such links are provided solely as a convenience to you. Pl8tek does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Pl8tek products are not manufactured, endorsed by, or otherwise affiliated with any other firearms or firearms accessory or other product manufacturer. All references or links to specific manufacturers and/or their trademarks are for the convenience of our customers. Please note that Pl8tek may earn a commission or other fee on sales made through our partner links. Neither Pl8tek nor any third party product manufacturer make any warranties or representations regarding the compatibility or use of the Products with any specific third party products. PL8TEK DISCLAIMS ANY WARRANTY OR LIABILITY FOR ANY THIRD PARTY PRODUCTS.

EXCLUSION OF WARRANTIES; DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND PURCHASE OF ANY PRODUCT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET FORTH HEREIN OR ON THE SITE, THE SITE AND CONTENT AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PL8TEK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, COMMERCIAL MANUFACTURERS AND OTHER PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITE OR ANY PRODUCT(S) WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE OR CONTENT OR ANY PRODUCT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (6) WARRANTIES THAT ERRORS IN THE SITE OR ANY PRODUCTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT PL8TEK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, PRODUCTS OR THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO PL8TEK, THE SITE OR ANY PRODUCTS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES, OTHERWISE YOUR CLAIM IS PERMANENTLY BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ELECTRONIC COMMUNICATIONS

When you visit this Site, place an order or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

You further agree that if you have consented to receipt of text message in setting up your account or purchasing a Product, we may communicate with you and provide notices to you via text message, including notifications relating to any Product orders and delivery, 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. You are not required to consent to text messages in order to register an account or purchase a Product.

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.

APPLICABLE LAW

By visiting Pl8tek.com, you agree that the laws of the State of North Carolina, without application of any conflict of laws provisions, govern this Agreement and your use of the Site and any Product purchases. The U.N. Convention for the International Sale of Goods shall not apply. Subject to the Arbitration Agreement below, the Parties agree that any disputes arising out of or relating to this Agreement shall be litigated only in state or federal court in North Carolina, and you hereby submit to the personal jurisdiction of such courts and agree not to contest venue.

ARBITRATION

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Products shall be by binding non-appearance-based arbitration (the provisions of this Section being referred to as the “Arbitration Agreement”). In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Notwithstanding the foregoing, Pl8tek may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Products, disclosure of our confidential information or trade secrets, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the dispute resolution process described above. Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If you or we pursue arbitration, the arbitration action must be initiated within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Rules for the relevant claim.

Waiver of Jury Trial. Except as otherwise set forth herein, each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Pl8tek with regard to your use of the Site and purchase of Products, and any and all other written or oral agreements or understandings previously existing between you and Pl8tek with respect to such use or purchase are hereby superseded and cancelled. Any conflicting terms on any purchase order or other documentation provided by you in connection with your use of the Site or purchase of Products are hereby rejected and shall be void and of no effect. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that the terms of this Agreement shall remain in full force and effect. Pl8tek's failure to insist on or enforce strict performance of any terms of this Agreement shall not be construed as a waiver by Pl8tek of any provision or any right it has to enforce such terms in the future, nor shall any course of conduct between Pl8tek and you or any other party be deemed to modify any provision of this Agreement. This Agreement may only be amended by written agreement executed by each of the parties. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

FEEDBACK AND INFORMATION

We welcome your comments regarding this Site and our Products. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") regarding the Site, Content or our Products shall be and remain the exclusive property of Pl8tek. Your submission of any such Comments shall constitute an assignment to Pl8tek of all worldwide right, title and interest in and to all copyright and other intellectual property rights in the Comments. Pl8tek will be entitled to use, reproduce, disclose, publish and distribute forever in all formats known and unknown any Comments and to use such Comments to improve, enhance or modify the Site or Products or to create new products and services without restriction and without attribution or compensation to you in any way. You may not use a false email address or otherwise attempt to falsely assume the identity of any person or entity, or to mislead as to the origin of any Comments.

VOID WHERE PROHIBITED

The Site may be administered and operated from various locations within or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Pl8tek reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the site from outside the United States, this is on your own initiative and you are solely responsible for complying with applicable local laws.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") INFORMATION

Pl8tek respects the intellectual property of others, and we require our users to do the same while using our Site.

Pl8tek reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

A physical or electronic signature of person authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright of Pl8tek, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the service provider of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to:

Pl8tek, LLC

Attn: Copyright Support

17 Old Cullowhee Rooad

Sylva, NC 28779