FORTUITY Terms and Conditions of Use

THE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND FORTUITY. THE AGREEMENT SHALL BE APPLICABLE BY (I) CLICKING “I ACCEPT”, OR (ii) UPON YOUR ACCESS AND/OR USE OF THE SERVICES/PURCHASE OF PRODUCTS. IN ADDITION TO THE TERMS OF USE, SPECIFIC TERMS MAY APPLY, DEPENDING HOW YOU ACCESS AND/OR USE THE SERVICES. IF AT ANY TIME YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU MUST INFORM OUR CUSTOMER SUPPORT AND/OR TERMINATE ALL USE OF SERVICES IMMEDIATELY.

FORTUITY’S SERVICES AND PRODUCTS ARE FOR U.S. RESIDENTS ONLY.

WE DO NOT REPLACE YOUR RELATIONSHIP WITH ANY ATTORNEY, CERTIFIED PUBLIC ACCOUNTANT, FINANCIAL EXPERT, TAX PRACTITIONER, OR ANY EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF FORTUITY. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL SITUATIONS OR CONCERNS. WE REPRESENT NO FEDERAL OR STATE GOVERNMENT AGENCY.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECION 13 AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

Introduction

FORTUITY LLC and its affiliates (collectively, “FORTUITY,” “we “, “us”, or “our”) own and operate the website located at Fortuityco.com. This website, as well as the FORTUITY company and online service is subject to the terms of use as described and outlined herein. These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations.

These general terms and conditions pertain to the governing use of our product website and order process. We strongly recommend that you allot the time to read the following terms and conditions carefully before placing your order. We strive to ensure the continued access and use of our online catalog and website shall be pursuant to the terms and conditions as set forth in this policy. If you do not accept the terms of this policy, please contact us on our toll-free number directly before placing your order.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

1. The Operation of Website. This website is owned and operated by solely FORTUITY. We strive to offer you prompt service, detailed processing of requests for product fulfillment and services. FORTUITY is not a law firm, but rather, we work closely with duly licensed professionals in a vast array of professional fields, including but not limited to lawyers, certified public accountants, tax practitioners, financial and wealth management, insurance, and more, in many jurisdictions, to fulfill the requests of customers who have particular needs.

2. NO LEGAL Advice. Any information provided on the FORTUITY website should be used for informational purposes only. We are not a law firm and therefore cannot provide you with any type of law advice. Accordingly, this should not be used as an alternative to seeking legal advice. FORTUITY strongly suggests that you consult with a lawyer for legal advice, and the information listed on our website should not be relied on for this purpose.

3. Information Gathering. Our Privacy Agreement should be read for more detail on our processing protocol, however, as fully outlined, in order to create an account with FORTUITY and place orders without interruption, we require that all users enter into a customer agreement which consists of personal, business and financial information. This information is to be used for the sole purpose of placing orders and will be safeguarded according to the terms outlined in the Privacy Agreement. In order for any customer agreement to be complete and active, you must agree to the terms of said Privacy Agreement as well.

4. RESTRICTIONS ON USE. The provision of information on our website does not constitute an offer to sell any such product or service. The information solely indicates that such products or services may be available, subject to meeting the terms and conditions of FORTUITY. Said terms and conditions which are applicable to a product or service will be determined at the time of sale. FORTUITY reserves the right to deny a customer request for products or services.

You agree that in using or accessing our website, you will not, and will not attempt to:

• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity violate any local, state, national or international law (including export laws)
• reverse engineer, disassemble, decompile, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property
• access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party
• use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services
• use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent
• post, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users
• bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by FORTUITY
• remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content

5. User Names and Passwords. Although certain parts of the website are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Fortuity. If you do not maintain such information, or Fortuity has reasonable grounds to suspect as much, Fortuity has the right to suspend or terminate your account and your use of the Services. Each user is responsible for the use of their established customer account, and to keep any username and password private and confidential. Usernames and passwords are not to be shared with or used by any third party. Only the identified customer may access their customer account. Use of a username and password is sufficient evidence of identity to permit FORTUITY to collect certain information from you to process your request for products and/or services. Allowing a third party to access your account on your behalf violates the term of this agreement and can result in the cancellation of your account.

6. Service Limitations. The FORTUITY website is available without interruption seven days per week, 24 hours per day. We ensure that we will keep our website updated as much as possible to stock availability; however, the website is available on an “as-is, as-available” basis, and we will not be responsible or liable for any damage, loss, costs or otherwise if you are unable to access the web site or experience any delay in the processing of any transaction for any reason.

7. Disclaimer of Warranties. FORTUITY takes reasonable steps to protect the website and to be able to process your requests through your customer account, and/or through our toll-free telephone number and toll-free facsimile number. FORTUITY makes no representations or warranties, express or implied, with respect to the website, and without limitation, disclaims the implied warranties of merchantability and fitness for a particular purpose, usefulness, non-infringement, completeness, accuracy, and reliability. All risks associated with use of the website shall be bound by you exclusively.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORTUITY AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER FORTUITY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, FORTUITY DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND FORTUITY DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

FORTUITY, IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, FOR INTERRUPTED SERVICE, OR FOR DAMAGE THAT OCCURS TO COMPUTER SYSTEMS AND OTHERWISE THROUGH THE USE OF THE WEBSITE.

8. Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL FORTUITY, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF FORTUITY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL FORTUITY OR IT’S RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

9. INDEMNICATION. You agree to indemnify, defend, and hold harmless FORTUITY, its affiliates, its affiliated health care practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Use.

IN NO EVENT SHALL FORTUITY OR IT’S RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

10. Changes to the Terms of Use. The Services are continually under development, and FORTUITY reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) FORTUITY will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. FORTUITY reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that FORTUITY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

11. Termination. FORTUITY reserves the right to terminate your customer account at any time without notice according to the terms set forth herein. The Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Use at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Use.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, FORTUITY reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, FORTUITY will have no further obligation to provide services or products. You agree that if your use is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold FORTUITY harmless from any and all liability that FORTUITY may incur therefore.

12. Payments. You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

13. Governing Law; Dispute Resolution; Arbitration; Venue IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FORTUITY TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FORTUITY. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND FORTUITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Governing Law. These Terms of Use and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section 13, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

Binding Arbitration. Except as described in the “Exceptions” section below, you and FORTUITY agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Use, and regardless of whether a claim arises before or after the effective date of these Terms of Use. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Wilmington, Delaware.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting FORTUITY.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). FORTUITY’s address for Notice is:  ____________________________________ Attention: General Counsel.

A copy of all Notices of Arbitration must also be sent to FORTUITY via email to info@Fortuityco.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or FORTUITY may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, FORTUITY will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if FORTUITY has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and FORTUITY may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted:

(a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or FORTUITY must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in the “No Class Actions” section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND FORTUITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and FORTUITY agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR FORTUITY WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS OF USE, THEN YOU OR FORTUITY MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.

14. Intellectual Property. All trademarks and content of the website are used under license by FORTUITY and may not be copied or reproduced in any manner, in whole or in part.

15. Site Links and Banners. FORTUITY may provide links to other third-party websites which offer related products or services. Although these links are placed on our website, FORTUITY shall not be responsible for the content, accuracy or opinions expressed on such third-party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk. Please note that use of third-party websites may be governed by such third parties’ terms of use and privacy policies.

16. Amendments. FORTUITY reserves the right to amend this Website Use Policy from time to time, and will provide notice of any amendments on its website. It is the obligation of users of the website to review the Website Use Policy on an ongoing basis.

17. Age Requirement. In order to use the website and establish a customer account, all users must be of the age of majority in the relevant jurisdiction and have the necessary licensing to purchase the products offered on this site.

18. Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. FORTUITY and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of FORTUITY is transferred to another entity by way of merger, sale of its assets, or otherwise.

19. Severability. Should any provision set forth in this website policy be determined to be invalid or unenforceable in any jurisdiction, such provision shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and shall be severed from the balance of this document without invalidating or affecting the remaining provisions, which remaining provisions shall continue in full force and effect.

20. No agency relationship. Neither these Terms of Use, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

21. Entire Agreement. The terms and conditions as outlined herein, is concerned a binding Website Use Agreement and constitutes a legally binding agreement with FORTUITY with respect to the matters dealt with herein.