5900 Northwoods Business Parkway,
Suite K, Charlotte, NC 28269
Tel. (855) 698-7546
Your use of this Targeted Skincare, LLC, dba Targeted Skin (hereinafter “Targeted
Skin,” “Company,” “we,” “our,” “Our,” “We,” “us,” or “Us.”) website and/or ARO Office
a Targeted Skin Independent Sales Representative (“ISR”), and you do not agree to these
ISR Agreement and not to use the Site. If you are a Targeted Skin ISR, violation of these
forth in Targeted Skin’s Policies and Procedures.
1. Special terms apply to some services offered on your Site, such as subscription-based
services, product purchases, rules for particular contests or sweepstakes or other features
or activities. These terms will be posted in connection with the applicable service. Any
this website. Amendments shall not apply retroactively to conduct that occurred prior to
the effective date of the amendment. The Company may change the Site or delete Content
or features of the Site at any time, in any way, for any or no reason at our discretion.
3. All information, materials, functions and other Site content (including Submissions as defined
in Paragraph 8) provided on the Site (collectively “Content”), such as text, graphics,
images, etc., is our property or the property of our licensors and is protected by U.S. and
international copyright laws. The collection, arrangement and assembly of all Content on
the Site is the exclusive property of the Company and is protected by U.S. and international
copyright laws. Except as stated herein or as otherwise provided in an express authorization
from us, no material from the Site may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material
contained in the Site is strictly prohibited.
4. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos
(collectively “Trademarks”) used and displayed on the Site are the Company’s registered
and unregistered Trademarks and the Trademarks of the Company’s licensors. Use
of our Trademarks, if allowed, must adhere to the Company’s Policies and Procedures relating
5. Targeted Skin grants you a limited license to access and make personal use of the Site
Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited
for any commercial purpose that is not expressly permitted by the Company in
6. Links from the Site to third party web sites may be provided by the Company. If so, they
are provided solely as a convenience to you If you use such links, you will leave the Site.
The Company has not reviewed all such third party sites (if any) and does not control,
and is not responsible for, any of these web sites and their content. The Company does
not endorse or make any representations about such web sites or any information or material
found there, or any results that may be obtained from using them. If you access any
third party web sites linked from the Site, you do so at your own risk.
7. If you link to the Site from another website (which includes, but is not limited to, social
media sites), the following restrictions apply to the site to which you link and the link itself:
• The site/link shall not imply, either directly or indirectly, that Targeted Skin is
endorsing its products, services, mission, beliefs, or any other aspect of the site or
those sponsoring the site;
• You must comply with the provisions of Section 11;
• The site/link shall not use any of the Company’s Trademarks or the Trademarks
of our licensors;
• The site/link shall not contain content or material that could be construed as offensive,
controversial or distasteful and should only contain content that is appropriate
for all age groups;
• The site/link shall not disparage Targeted Skin, its officers, agents, employees,
products, or services in any way or otherwise negatively affect or harm its/their
reputation and goodwill;
• The site/link from which you link shall not present false or misleading information
about the Company or the Targeted Skin opportunity;
• The site/link shall not misrepresent any relationship with Targeted Skin;
• The site/link shall not replicate in any manner any content in the Site; and
• The site/link shall not create a browser or border environment around Site material.
promotional material, graphics, audios, text, messages, ideas, concepts, suggestions,
artwork, photographs, drawings, videos, audiovisual works, your and/or other
persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances
and/or other biographical information or material, and/or other similar materials
that you submit, post, upload, embed, display, communicate, advertise, or otherwise distribute
on or through the Site.
Targeted Skin is pleased to receive your comments, suggestions, and Submissions regarding
the Site, our products and services, and our opportunity. If you transmit to Targeted
Skin, post, or upload any Submissions to or through the Site, you grant the Company and
its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce,
modify, adapt, publish, translate, distribute and incorporate such Submissions and
the names identified on the Submissions throughout the world in any media for any and
all commercial and non-commercial purposes.
By communicating a Submission to the Company, you represent and warrant that the
Submission and your communication thereof conform to the Rules of Conduct set forth in
or have the necessary rights, licenses, consents and permissions, without the need for any
permission from or payment to any other person or entity, to exploit, and to authorize us
9. Some services on the Site permit or require you to create an account to participate in or to
secure additional benefits. You agree to provide, maintain and update true, accurate, current
and complete information about yourself as prompted by our registration processes.
You shall not impersonate any person or entity or misrepresent your identity or affiliation
with any person or entity, including using another person’s username, password or other
account information, or another person’s name, likeness, voice, image or photograph.
You also agree to promptly notify the Company of any unauthorized use of your
username, password, other account information, or any other breach of security that you
become aware of involving or relating to the Site.
10. “Public Forum” means an area or feature offered as part of the Site that offers the opportunity
for users to distribute Submissions for viewing by one or more Site users, including,
but not limited to, a chat area, message board, instant messaging, mobile messaging,
social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not
private communications, and you have no expectation of privacy with regard to any
Submission to a Public Forum. We cannot guarantee the security of any information you
disclose through any of these media; you make such disclosures at your own risk. You
are and shall remain solely responsible for the Submissions you distribute on or through
the Site under your username or otherwise by you in any Public Forum and for the consequences
of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you
acknowledge that the use of any Submission posted in any Public Forum is at your own
risk. Targeted Skin is not responsible for, and does not endorse, the opinions, advice or
recommendations posted or sent by users in any Public Forum, and the Company specifically
disclaims any and all liability in connection therewith.
11. You agree that you will not upload, post, or otherwise distribute, or link to or from the
Site any Submission, Content, or material that:
• Promotes the sale of any non-Targeted Skin’s products or services, or directly or indirectly
promotes or advertises any non-Targeted Skin business opportunity;
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of
another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is profane,
violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) otherwise
harms or can reasonably be expected to harm any person or entity; (e) is libelous, slanderous,
defamatory, or violates the law.
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities
with the intent to commit them, including a Submission that is, or represents an attempt
to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene
or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to
commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark,
trade secret or other proprietary or contractual rights; (b) right of privacy (specifically,
you must not distribute another person’s personal information of any kind without
their express permission) or publicity; or (c) any confidentiality obligation;
• contains a virus or other harmful component, or otherwise tampers with, impairs or
damages the Site or any connected network, or otherwise interferes with any person or
entity’s use or enjoyment of the Site;
• does not generally pertain to the designated topic or theme of the relevant Public Forum
or violates any specific restrictions applicable to a Public Forum; or
is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”,
“trolling”, and “griefing”, as those terms are commonly understood and used on the Internet;
• violates Targeted Skin’s Policies and Procedures.
We cannot and do not assure that other users are or will be complying with the foregoing
Rules of Conduct or any other provisions of the Agreement, and, as between you and
Targeted Skin, you hereby assume all risk of harm or injury resulting from any such lack
12. Because any activities that occur under your username and/or login ID are your responsibility
it is important for you to keep your information secure. Notify the Company immediately
if you believe that someone has used your username or login ID without your authorization.
13. Targeted Skin reserves the right, but disclaims any obligation or responsibility, to (a) refuse
and (b) identify any user to third parties; and/or (c) disclose to third parties any Submission
or personally identifiable information when we believe in good faith that such identification
or disclosure will either: (i) facilitate compliance with laws, including but not
limited to, compliance with a court order or subpoena, or (ii) help to enforce the Agreement
and/or protect the safety or security of any person or property, including the Site.
Moreover, we retain all rights to remove Submissions at any time for any reason or no
14. Targeted Skin may suspend or terminate your ability to use the Site, or any portion of the
as the Company deems necessary to protect its business or intellectual property interests.
Upon the cancellation of your Independent Targeted Skin business for any reason, your
access to the Site shall be terminated.
15. The Site is intended for viewing and use in the United States and countries which the
Company has designated are officially open for business. You shall not use the Site to
conduct business or sales in any country that the Company has not announced is officially
open for business.
16. Targeted Skin respects your privacy and the privacy of other visitors to the Site. To learn
17. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE
"CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY,
AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE COMPANY
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT
TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY
SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
THE COMPANY MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES
DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. TARGETED SKIN
ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ALL LIABILITY, FOR ANY
ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH
ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional,
medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice,
and may not be used for such purposes. Always seek the advice of your physician
with any questions you may have regarding a medical condition. You should not act or
refrain from acting on the basis of any of the Content included in, or accessible through,
the Site without seeking the appropriate legal, medical, or other professional advice. Reliance
on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature
of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or
veracity of any content generated by other users.
18. Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY,
OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’
RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR
SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH)
AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT
FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT,
OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF
ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN
IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING
OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OUR LICENSORS
OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE
RESELLERS, CONSULTANTS, DISTRIBUTORS, SERVICE PROVIDERS OR
SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
TARGETED SKIN MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE
OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND
PERMITTED BY APPLICABLE LAW.
19. You agree that the Site, including its code, documentation, appearance, structure and organization
constitute trade secrets and/or copyrighted and/or proprietary material of
Company and its licensors. The Site is protected by United States copyright, patent,
trademark and other laws including international treaty provisions. You agree not to disclose,
provide or otherwise make available such trade secrets, copyrighted or proprietary
material in any form to any third party without the prior written consent of Company
and/or its licensors, as applicable. Title to the Site, or any copy, modification, translation,
partial copy, compilation, derivative work or merged portion of the Site, shall at all times
remain with Company or its licensors, as applicable. You may not copy the written materials
accompanying the Site. You agree to take every reasonable precaution to prevent the
theft, disclosure, and the unauthorized copying, reproduction or distribution of the Site.
20. Without the prior written consent of Company, you may not: (a) transfer, assign, rent,
use, copy or modify the Site or the web pages created through the Site, in whole or in
part, except as expressly permitted in this Agreement; (b) decompile, reverse assemble or
otherwise reverse engineer the Site, except to the extent the foregoing restriction is expressly
prohibited under applicable law; (c) reproduce, disclose, market, lease, transfer,
distribute or revise the Site or the associated web pages; (d) distribute any executable versions
of the Site to third parties or use such executables in excess of the limitations set
forth above; (e) use the Site to provide facility management, service bureau or other access
or use of the program for the benefit of third parties; (f) You will not remove, alter
or destroy any copyright notices, proprietary legends or other indicia of ownership.
21. Company may offer features such as bulletin boards or e-mail functions as part of the Site
(referred to as "Interactive Medium"). You may not submit any material that is unlawful,
harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic,
profane, vulgar, indecent, sexually explicit or otherwise objectionable that would
constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable
law. Please do not submit any material that is protected by copyright, patent, or other
proprietary right without obtaining permission of the copyright or patent owner or licensor.
The Interactive Medium shall not be used for any commercial purposes. You will not
submit any material to solicit funds or to promote, advertise, or solicit the sale of any other
goods, services, businesses or business opportunities. You are expressly prohibited
from soliciting other guests of the Site Interactive Medium to become members of any
network marketing company or business opportunity.
Any information or material submitted by you to the Company through the Interactive
Medium will be deemed non-proprietary and non-confidential, and may be used by Company
without restriction. Without limiting the foregoing, by offering any information or
material through the Company Site (e.g., through chat, bulletin boards, e-mail, contests or
otherwise), you grant to Company the worldwide, perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative
works from and distribute such information or materials in any and all forms and media,
now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name,
address and telephone number) provided to Company will be handled in accordance with
Company’s Security and Privacy Statement.
Company reserves the right, in its sole discretion, to edit any submission, and to choose
to include or not include such submission in the Interactive Medium. The Interactive Medium
includes the opinions, statements and other content of third parties. We are not responsible
for screening, monitoring or verifying such content, including such content's
accuracy, reliability or compliance with copyright or other laws. Any opinions, statements
or other content expressed by third parties are those of such third parties and not of
Company. Company does not endorse any such opinion, statement or other material posted
on or accessible through the Interactive Medium.
22. Dispute Resolution - Confidential Arbitration. Except as otherwise provided in these Terms
through binding confidential arbitration. The Parties waive rights to trial by jury or
to any court. The arbitration shall be filed with, and administered by JAMS in accordance
with the Rules and Procedures, which are available on the JAMS website at
http://www.jamsadr.com/rulesclauses/xpqGC.aspx?xpST=RulesClauses. Copies of JAMS
Rules and Procedures will also be emailed to ISRs upon request to Targeted Skin’s customer
Service Department. Notwithstanding the rules of JAMS, unless otherwise stipulated by
the Parties, the following shall apply to all Arbitration actions:
• The Federal Rules of Evidence shall apply in all cases;
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of
• The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State
of North Carolina without regard to principles of conflicts of laws, shall govern all other matters
relating to or arising from the Agreement and the Targeted Skin business;
• The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator
is appointed, and shall last no more than five business days;
• The Parties shall be allotted equal time to present their respective cases.
All arbitration proceedings shall be held in Charlotte, North Carolina or in another forum of your
choice. The parties may select a mutually agreeable neutral arbitrator. If the parties do not agree
on an arbitrator within 60 days from the date on which the arbitration is filed, the petitioner shall
request that the JAMS appoint an arbitrator. Each party to the arbitration shall be responsible
for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator
shall be final and binding on the parties and may, if necessary, be reduced to a judgment
in any court of competent jurisdiction.
• Remedies that are available to you under applicable federal, state or local laws remain available
under this arbitration policy.
• If you institute arbitration against Targeted Skin, the only arbitration fee you will be required to
pay is $250. All other arbitration fees shall be borne by Targeted Skin including any remaining JAMS
Case Management Fee and all professional fees for the arbitrator's services. You shall be responsible for
paying your own attorney’s fees, expert witness fees, and costs associated with prosecuting your case. If
Targeted Skin initiates arbitration, Targeted Skin will be responsible to pay all costs associated with the
An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The
award will also provide a concise written statement of the essential findings and conclusions on which
the award is based.
The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality
of the arbitration proceedings and all evidence associated with the arbitration, and shall not
disclose to any third party:
• The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
• The substance or content of any settlement offer or settlement discussions or offers associated
with the dispute;
• The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration
• The content of any testimony or other evidence presented at an arbitration hearing or obtained
through discovery in arbitration;
• The terms or amount of any arbitration award;
• The rulings of the arbitrator on the procedural and/or substantive issues involved in the
If a Party violates its confidentiality obligations under this arbitration policy, the nonbreaching
party shall incur significant damages to its reputation and goodwill that shall not be readily
calculable. Therefore, if a Party, its attorneys or agents breach the confidentiality provisions of
this policy, the nonbreaching Party shall be entitled to liquidated damages in the amount of
$10,000.00 per violation, and $25,000 per violation if the disclosure is published on the internet,
including but not limited to disclosure on any website or on any social media forum. Every disclosure
of each allegation, pleading, claim or other prohibited disclosure shall constitute a separate
violation. Nothwithstanding this confidentiality and liquidated damage provision, nothing
herein shall limit the right or ability of a Party to disclose evidence or allegations relating to the
dispute to any individual who is, or who may be, a witness to the dispute. The Parties agree that
this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes
a. Disputes Not Subject To Arbitration.
• Small Claims. You may seek remedies in small claims court for disputes or claims within
the scope of the jurisdiction of the small claims court in the jurisdiction in which you reside so long
as it is the only forum in which the dispute is pending.
• Equitable Relief. Notwithstanding the foregoing arbitration agreement, nothing in the
Agreement shall prevent either party from applying to and obtaining from any court to which the
Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order,
preliminary or permanent injunction, or other equitable relief to safeguard and protect the party’s
privacy, intellectual property, trade secrets, and/or confidential information.
brought and proceed on an individual basis. The parties waive their rights to pursue any arbitration
or lawsuit against the other party and/or their respective owners, officers, directors
and agents, on a class or consolidated basis. You may opt out of this class action waiver if you
wish by submitting written notice to the Company of your desire to opt out within 30 days
from the date on which you initially visit this Sitge. Submit your written opt-out notice to the
Company at 5900 Northwoods Business Parkway, Suite K, Charlotte, NC 28269.
“Confidential Information” includes, but is not limited to, information about ISRs and
Customers that is contained in or derived from the Site and/or any reports issued by
Targeted Skin to ISRs to assist them in operating and managing their Targeted Skin
business which are posted or made available on the Site. This Confidential Information
constitutes proprietary business trade secrets belonging exclusively to Targeted
Skin and is provided to ISRs in strict confidence. Confidential Information shall
not be directly or indirectly disclosed to any third party nor used for any purpose other
than ISR’s use in building and managing his/her Independent Targeted Skin business.
By using the Site, you authorize the Company to periodically send you information
and updates relating to the Company’s business, products, programs, promotions, and
Use of the Site is a privilege and not a right. Targeted Skin reserves the right to restrict
Targeted Skin does not guarantee that the Site will be free from interruption. The Site
may be subject to shutdowns from time to time for maintenance, technical issues,
and/or causes beyond Targeted Skin’s control. You agree that Targeted Skin shall
have no liablility for any loss caused by any shut down or interruption.
If User no longer agrees to be bound by these Terms and Conditions, User must cease
use of this Web site. If User is dissatisfied with this Web site, its content, or any of
these terms, conditions, and policies, User's sole legal remedy is to discontinue using
this Web site. Targeted Skin reserves the right to terminate or suspend your access to
and use of this site, or parts of this site, without notice, if we believe, in our sole
discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our
interests or the interests, including intellectual property or other rights, of another
person or entity; or (iii) Targeted Skin has reason to believe that User is in violation
Supply of goods, services and software through the Site is subject to United States
export control and economic sanctions requirements. By acquiring any such items
through the Site, you represent and warrant that your acquisition comports with and
your use of the item will comport with those requirements. Without limiting the foregoing,
you may not acquire goods, services or software through the Site if: (a) you are
in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or
Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals
List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity
List, or (b) you intend to supply the acquired goods, services or software to Cuba,
Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries)
or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified
List or Entity List.