Last Updated: March 13, 2024
These Terms of Service (“Terms”) apply to your access to and use of the website, any online services made available to you, any products we sell online via the website, including all information, tools, and services (collectively, our “Services”) provided by FST Labs, LLC (“Company”, “us”, “we” or “our”).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing and using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not access or use the Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, you may not use our Services.
Our Store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Changes to these Terms.
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. Unless material changes are made to the arbitration provision under Section 17, you agree that modification of these Terms does not create a new right to opt out of arbitration.
2. Eligibility
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
3. Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, are owned by or licensed to Company and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Company and its’ licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell or resell any aspect of our Services to any third party; (b) copy, reproduce, distribute, publicly perform or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
4. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this website or through our Services is not accurate, complete, or current. The material on our website or Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
5. Modification to the Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part, content, or product) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
6. Terms of Sale
(a) Product Descriptions
We try to make the website accurate and helpful to our customers. There may be times when information contained on certain parts of the website may be inaccurate, incomplete, incorrect, or appear inaccurate because of technology, the browser, or hardware that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or anything that may affect your order. We reserve the right to correct errors, omissions, or inaccuracies by changing information on the website or informing you of the error and giving you the chance to cancel.
(b) Ordering
By placing an Order on our website, you are offering to purchase the relevant product(s) on the website and subject to these Terms. No such order will be binding on us until we accept your order and send you a confirmation by email (“Order Confirmation”), which will confirm the products purchased, price, and estimated shipment date.
(c) Shipping and Delivery
Products you ordered will ship to the address you provided during the checkout process. All products will be packed in accordance with our standard practices. We will select the carrier for shipping and title to the products will pass to you upon our delivery of the products to the carrier.
You acknowledge that all scheduled shipment dates are estimates only. We will make commercially reasonable efforts to meet the scheduled shipment dates, but in no event will be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed an agent of Company. We will have the right to ship the products in separate packages to you, depending on the availability of the products. If you receive a damaged or incomplete shipment of products, please contact us at support@fstfuel.com We will have the right to delay or suspend shipment of the products if you fail to make any payment as provided in these Terms.
(d) Returns
All sales are subject to our shipping and return policies. We monitor refunds and returns for abuse. We reserve the right to limit returns or exchanges for any reason. All refunds or returns are subject to our sole discretion. Please review our Return Policy.
(e) Payment Terms
We reserve the right to change the prices and available products at any time. Quantities of some products may be limited, and stock cannot always be guaranteed. The prices for the products will be as specified on the Site on the date you place your order and in an Order Confirmation. Prices are stated in U.S. dollars and are exclusive of all applicable sales, use, excise, withholding, value-added and other taxes, duties, and charges (collectively, “Taxes”) and shipping costs. You will be responsible for all such applicable Taxes and costs. All payments will be made in U.S. dollars, free of any currency controls or other restrictions. When you place your order (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. Your payment will be processed once the order has been accepted. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”).
You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms and in accordance with the return policy. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to delivery of the products, provided that in the event of a cancellation, we will refund any fees already paid by you for such order.
7. User Comments, Feedback and Other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. Intellectual Property
All content on the website, or otherwise made available via the Services, including text, notes, graphics, photos, sounds, music, videos, interactivities and the like, the trademarks, service marks and logos contained therein, the design of the Site and/or Services, and all software and other technology (collectively, “Company IP”), are owned by or licensed to us and/or our affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, altered, distributed, transmitted, broadcast, displayed, sold, licensed, removed, obscured, or otherwise exploited for any other purposes whatsoever.
We reserve all right, title, and interest in and to the website, Services, and Company IP, including all associated proprietary intellectual property rights. Using the website and/or Services does not give you any ownership of or right in or to any Company IP. You acknowledge that the website, Services and Company IP are protected by copyright, trademark, and other laws of the United States.
9. Third-Party Links or Resources
Certain content, products, and services available via our website or Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. Optional Tools or Habit Tracker
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11. Termination
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@fstfuel.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16 & 17.
12. Warranty Disclaimers
THE PRODUCTS OR SERVIVES MADE AVAILABLE THROUGH OUR WEBSITE OR THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURS OF DEALING OR USE OF TRADE. WE MAKE NO WARRANTY THAT SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT THE PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT THE PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR CONSUMPTION OF THE PRODUCTS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL HAVE NO LIABILITY TO YOU BASED ON YOUR USE OR CONSUMPTION OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE THAT MAY RESULT FROM YOUR USE OR CONSUMPTION OF THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. Indemnity
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Company, our subsidiaries and affiliates, and each of our respective officers, directors, partners, employees and agents (individually and collectively, the “Company Parties”), harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Products, (b) you User Content, or (c) your violation of these Terms.
14. Limitation of Liability
(A) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN THE PROVISION OF THE SERVICES OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PURCHASE, SALE, USE OR PERFORMANCE OF THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ITS SERVICE PROVIDERSHAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
(B) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS EXCEED THE ACTUAL AMOUNT PAID TO COMPANY BY YOU FOR THE PRODUCT(S) THAT GIVES RISE TO THE CLAIM OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, FIFTY U.S. DOLLARS ($50.00).
(C) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
15. Release
To the fullest extent permitted by applicable law, you release Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes involving our Services, including the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of laws provisions, except to the extent preempted by U.S. federal law. Except as otherwise expressly set forth in Section 17 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Company are not required to arbitrate will be the state and federal courts located in Orange County, FL and you and Company each waive any objection to jurisdiction and venue in such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
17. Dispute Resolution
(a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Company, that Company has against you, or that you have or Company has arising from or relating to these Terms, the Services, or any aspect of the relationship between you and Company as it relates to these Terms or the Services, including any privacy or data security claims (collectively, "Disputes" and each a "Dispute"), you and Company agree to attempt to first resolve the Dispute informally via the following process:
(i) If you assert a Dispute against Company, you will first contact Company by sending a written notice of your Dispute ("Dispute Notice") to Company by email to support@fstfuel.com or by certified mail addressed to FST Labs, LLC, attention: Legal 127 West Fairbanks #402 Winter Park, Florida 32789. The Dispute Notice must (A) include your name, residence address, email address, and telephone number, (B) describe the nature and basis of the Dispute, and (C) set forth the specific relief sought.
(ii) If Company asserts a Dispute against you, Company will first contact you by sending a written notice of Company's Dispute ("Company Notice"), and each of a Dispute Notice and Company Notice, a "Notice") to you via email to the primary email address associated with your account. The Company Notice must (A) include the name of a Company contact and the contact's email address and telephone number, (B) describe the nature and basis of the Dispute, and (C) set forth the specific relief sought.
(iii) If you and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after you or Company receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines will be tolled for thirty (30) days from the date that either you or Company first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
(b) Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Company, including any disputes in which you or Company seek injunctive or other equitable relief for the alleged unlawful use of your or Company's intellectual property or other infringement of your or Company's intellectual property rights ("IP Disputes"), all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Disputes that are not related to intellectual property or intellectual property rights but are jointly filed with IP Disputes, that are not resolved in accordance with Section 14(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
(c) Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules (as defined below), the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
(d) Arbitration Procedure. All Disputes must be submitted to the American Arbitration Association (the "AAA") and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. The then-current version of the AAA's Consumer Arbitration Rules, which are available on the AAA's website (adr.org) (the "AAA Rules"), as amended by these Terms as follows, will apply to any arbitration between you and Company:
(i) YOU AND COMPANY AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND COMPANY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Company or you by the same or coordinated counsel, may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
(ii) For any arbitration you initiate, you will pay the consumer filing fee, and Company will pay the remaining AAA fees and costs. For any arbitration initiated by Company, Company will pay all AAA fees and costs.
(iii) For all arbitrations where the Disputes asserted are $25,000 or less, the arbitration shall be resolved according to the AAA's Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (B) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
(iv) If you or Company submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Company agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Company agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
(v) The arbitrator's decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
(vi) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Company or against you by the same or coordinated counsel or are otherwise coordinated.
The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Company or against you by the same or coordinated counsel or are otherwise coordinated.
In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Company understand and agree that when twenty-five (25) or more similar claims are asserted against Company or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Company's Dispute might be delayed.
For such coordinated actions, you and Company also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Company will each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases will be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side will select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.
A single arbitrator will preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
This bellwether process will continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated, or otherwise resolved.
The statute of limitations and any filing fee deadlines will be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Company's case is selected for a bellwether process, withdrawn, or otherwise resolved.
A court will have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Company or you.
(e)One Year to Assert Disputes. To the extent permitted by law, any Dispute by you relating in any way to these Terms, the Services, or any aspect of the relationship between you and Company as it relates to these Terms or the Services, must be filed within one year after such Dispute arises; otherwise, the Dispute is permanently barred, which means that you will not have the right to assert the Dispute.
(f)Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at support@fstfuel.com or by certified mail addressed to 127 West Fairbanks #402 Winter Park, Florida 32789. Attention: FST Labs, LLC Legal. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.
(g) Rejection of Future Arbitration Changes. You may reject any change we make to Section 17 (except address changes) by personally signing and sending us notice within 30 days of the change via email at support@fstfuel.com or by certified mail addressed to 127 West Fairbanks #402 Winter Park, Florida 32789 Attention: FST Labs, LLC Legal. If you do, the most recent version of Section 16 before the change you rejected will apply.
(h) Rejection of Future Arbitration Changes. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms, (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17, and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
(i) Severability. Notwithstanding anything to the contrary in these Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding these Terms either by following the arbitration procedure detailed above in this Section 16 or, if given the right by applicable law, by submitting the Dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the Dispute to the courts of the jurisdiction in which you reside.
17. General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Company under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. (d) Force Majeure. Company will not be responsible for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including government-imposed travel restrictions and quarantines), material changes in law, war, terrorism, riot, or acts of God.
(e) Export. You will comply with all applicable federal laws, regulations and rules that prohibit or restrict the export or re-export of the products outside the United States ("Export Rules"), and will complete all undertakings required by Export Rules, including obtaining any necessary export license or other governmental approval.
18. Contact Information. If you have any questions about these Terms or the Services, please email us at support@fstfuel.com or by phone at +1 (407) 212-7131.