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    ROGUE PAQ TERMS OF SERVICE

    Effective Date of Current Policy: May 1, 2018

    THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU:

    (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT
    LEAST EIGHTEEN (18) YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING
    CONTRACT WITH ROGUE PAQ, LLC; OR (C) ARE PROHIBITED FROM
    ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

    These Terms and Conditions of Sale and Terms of Use (these “Terms”) apply to the purchase and sale of products through www.roguepaq.com (the “Site”). These Terms are subject to change by Rogue Paq, LLC, a Pennsylvania Limited Liability Company (referred to as “Rogue Paq”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

    1. Order Acceptance and Cancellation.

    You agree that your order is an offer to buy, under these Terms, all products listed in your order (the “Products”). All orders must be accepted by us or we will not be obligated to sell the Products. We may choose not to accept any orders in our sole discretion. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order, unless you cancel your order. We will not be liable to you or any third party by reason of our withdrawing any Products from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

    2. Shipping Methods.

    We will arrange for shipment of the Products to you. Please check the
    individual Product page on the Site for specific delivery options. All Rogue Paq orders ship from Pennsylvania, U.S.A. Standard U.S.P.S. ground shipping for any order to be delivered in the continental U.S.A. over one hundred dollars ($100.00) is included in the purchase price. For an additional charge, which varies by Product order and destination, goods can be shipped by air via Three (3) Day Select, and in some circumstances, overnight. International orders (if offered) ship at standard carrier rates. Goods are typically shipped on the business day that follows the date of the order. Allow an extra seven (7) days for personalized items to ship. Additionally, some outlier situations may require extra preparation time, in which case you will hear from Rogue Paq via email sent to the email address used to process the order. Please email us at service@roguepaq.com with any special shipping requests. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    3. Risk of Loss; Product Insurance.

    Title and risk of loss passes to you upon our transfer of the Products to the carrier for shipment to the delivery destination.


    4. Return Policy.

    Subject to these Terms, Products may be exchanged or returned for a credit within thirty (30) days of the date that the original purchase order was submitted, or may be returned for a full refund (except personalized items), less the original shipping and handling costs, within fourteen (14) days of the date that the original purchase order was submitted when accompanied by the original sales receipt. WE OFFER NO REFUNDS ON ANY PRODUCTS THAT ARE SPECIFICALLY DESIGNATED ON THE SITE AS NON-RETURNABLE. You are responsible for all shipping and handling charges on returned Products. Any Product returned for exchange, credit or refund must be returned in its original condition (as determined in Rogue Paq’s sole discretion).

    How to Return or Exchange Your Order:
    If you wish to exchange a Product for a different Product, you must return the original Product and purchase the new item separately. We will endeavor to process your refund within three (3) business days of receiving your package. Please ship all returns to:

    Rogue Paq
    ATTN: Returns
    4101 Wilson Avenue
    Bethlehem, PA 18020, U.S.A.

    Please include a copy of your receipt in the box, your contact information, and clear directions on what you would like.

    5. Refunds.

    Refunds will be made in the form of the original payment where the same credit card used for purchase will be credited with a refund.

    6. Privacy.

    Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you are using the Site.

    7. Eligibility to Purchase.

    The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the internet in accordance with the laws of the Commonwealth of Pennsylvania. In order to make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information.

    8. Payment.

    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit and debit cards as well as Paypal. Email us with any specific questions at service@roguepaq.com. Payment will be debited and cleared from your account upon dispatch of your order by Rogue Paq. You represent and warrant that: (i) the credit card (or other payment) information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card (or other payment information) for the purchase; (iii) charges incurred by you will be honored by your credit card (or other payment) company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Rogue Paq, we will not be liable for any delay or non-delivery.

    9. Pricing Policy.

    Prices shown on the Site are in U.S. Dollars and are exclusive of taxes. Sales tax will only be charged on orders shipped to Pennsylvania. No other tax or import duty will be applied to orders shipped to other locations in the USA. All foreign taxes will be the responsibility of the customer. All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail.

    10. Limited License and Site Access; Acceptable Use.

    We grant you a limited license to view and use the Site for personal non-commercial use only for its intended purpose. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site; (c) copy, scrape, embed, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

    11. Accounts, Registrations and Passwords.

    If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of
    your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Rogue Paq is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Rogue Paq. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure by you. You may not disclose such Password to another person or entity or permit another entity to access the Site using such Password. You must notify Rogue Paq immediately of any breach of security or unauthorized use of your account. Without modification to the foregoing, you shall remain solely responsible for any purchase made through this Site via your account and for payment for such purchases. Rogue Paq cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.

    12. Intellectual Property Rights.
    (a) In General

    Roque Paq is and will remain the sole and exclusive owner of all right, title and interest in all intellectual property rights in, and to each Product made available on, this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, trade secrets and other intellectual property rights. You do not and will not have or acquire any right, title or interest in these intellectual property rights relating to the Site or any Product unless and as expressly stated.

    (b) Website Content

    Except as stated in the limited License herein, your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights mentioned, displayed or relating to the Content (defined below) on the Site. This limited License and your use of the Site shall effect no transfer of ownership or title in any Content. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by law. Any
    unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with and in accordance with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at service@roguepaq.com.

    In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, source code, markup language, databases and database content, photographs, including all image rights, sounds, music, video, audio or text on the Site.

    13. This Website may Use Google AdWords.

    This Site may use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Site or audiences similar to previous visitors to our Site. It could mean that we advertise to previous visitors who have not completed a task on our Site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a Site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to Rogue Paq website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

    14. Limited Warranty.

    WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS SECTION 14. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING
    ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

    (a) Who May Use This Warranty?
    It does not extend to any subsequent or other owner or transferee of the Products.

    (b) What Does This Warranty Cover?
    Defects in materials and workmanship in Products purchased from the Site.

    (c) What Does This Warranty Not Cover?
    Maintenance; other matter not provided or authorized in writing by Rogue Paq; anything not within our reasonable control.

    (d) What is the Period of Coverage?
    (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

    (e) What Are Your Remedies Under This Warranty?
    At our sole discretion, either: (i) repair or replace such Products (or the defective part) free of charge; or (ii) refund the purchase price of such Products in accordance with Section 5 above.

    15. Limitation of Liability.

    THE REMEDIES DESCRIBED IN SECTION 14 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. YOU AGREE THAT IN NO EVENT SHALL ROGUE PAQ BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH PRODUCTS, THE SITE OR THESE TERMS, EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ROGUE PAQ FOR THE PRODUCTS IN QUESTION.

    IN ADDITION, THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY: (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT; (II) THE TRANSMISSION OF ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ROGUE PAQ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; OR (IV) THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

    16. Indemnification.

    You agree to indemnify, defend and hold Rogue Paq and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or other loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your: (i) use of the Site; (ii) breach of the Terms or the materials it incorporates by reference; (iii) use of any Product; (iv) negligent or willful acts or omissions; or (v) your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

    17. Choice of Law; Disputes.

    You will resolve any claim, cause of action or dispute (together a “Claim”) you have with Rogue Paq arising out of or relating to the Site or the Terms exclusively
    in a state or federal court located in Northampton County, Pennsylvania. The laws of the Commonwealth of Pennsylvania will govern these Terms, as well as any claim that may arise between you and Rogue Paq, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the Commonwealth of Pennsylvania, for the purpose of litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and Rogue Paq, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these Terms portends irreparable injury to Rogue Paq, you agree that Rogue Paq shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

    18. Right to Update or Revise Terms of Use.

    We reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly. This agreement will remain effective until terminated by us.

    19. Electronic Communications.

    When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from
    us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

    20. Severability.

    If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

    21. Entire Agreement.

    These Terms set forth the entire understanding and agreement between you and Rogue Paq with respect to the subject matter herein and supers all prior or
    contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms, or assign, transfer or sublicense your rights therein.

    22. Goods Not for Resale or Export.

    You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

    23. Force Majeure.

    We will not be liable or responsible to you, nor be deemed to have defaulted
    or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

    24. No Waivers.

    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Rogue Paq.

     

    25. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

    Rogue Paq (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

    User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

    Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

    Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

    Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at jessica@roguepaq.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

    MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

    Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

    Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

    Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
    • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

    Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Bethlehem, Pennsylvania before one arbitrator.

    The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Rogue Paq’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

    Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.