Terms of Use for Accessing Master Pierce Site

Terms of Use

The terms and conditions set forth herein (the “Terms of Use”) govern your (“You” or “User”) access to and use of Master Pierce (the “Site”). MP Global Jewelry LLC., together with its subsidiaries and affiliates (“Master Pierce” or “us” or “we”), requires that you agree to and comply with these Terms of Use at all times while accessing and using the Site. If you do not agree to these Terms of Use, do not use the Site.

Your use of the Site (including, without limitation, by registering for, and making purchases through, the Site) signifies your agreement to the Terms of Use.

NOTE: THIS TERMS OF USE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 23 THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND MASTER PIERCE OR ITS AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN SECTION 23.

ACCOUNT REGISTRATION

In order to make purchases through this Site, you may register for an account pursuant to our registration process (the “Account”) or checkout as a guest.

By using the Site or by creating an Account, you represent and warrant that you are (a) 18 years of age or older, and (b) capable of entering into a legally binding agreement. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions.

Master Pierce, in its sole discretion, may refuse to accept a User’s request to create an Account, or may terminate or disable existing Accounts with or without cause or notice, subject to applicable law and these Terms of Use.

You are responsible for maintaining the integrity of your Account and the security of your Account user name and password. When creating a password, Master Pierce recommends that you create a secure password. All Account passwords should contain at least 6 characters. Master Pierce recommends that you include numbers, letters, and special characters. When creating a password, avoid the use of easily identifiable information such as your first and last name, parents name, pet names, phone numbers, addresses or email addresses. Never share your password.

If you receive an email purporting to be from Master Pierce that appears to be suspicious, before replying to it, please contact customer service at masterpiercefl@gmail.com to confirm with Master Pierce if it was indeed sent by us.

PAYMENT

You may only use a valid credit or payment card accepted by Master Pierce or a valid Master Pierce Online Gift Certificate to pay for your purchases through the Site. No other methods of payment are accepted on the Site. To the extent you make any purchases through the Site, you hereby authorize us to charge your credit or payment card account in connection with such purchases and further authorize us to credit your credit or payment card account in connection with reversals, refunds, or adjustments (if any).

When you confirm your order, we present to you an estimate of the cost of shipping based on your address information. The actual shipping cost charged to you will not be more than this estimate. For each order you place, Master Pierce may charge you a service fee that will be disclosed to you prior to finalizing your order.

If you use an online gift certificate to pay for any part of your order and you return any item in that order, Master Pierce will issue you an online gift certificate as credit for that item (pursuant to our Return Policy). For more information on returning items purchased through the Site, please review our Return Policy.

We may delay the processing of suspicious transactions or transactions which we believe may involve fraud, misconduct, or violate applicable law or these Terms of Use, as determined by Master Pierce.

MAKING PURCHASES THROUGH THE SITE

By purchasing item(s) through the Site, you represent and warrant that any information you have provided to Master Pierce regarding such purchase is true and accurate. Any item(s) purchased by you through the Site will only be shipped to United States postal addresses. You are solely responsible for paying all amounts (including all applicable taxes and shipping costs) in connection with purchases and returns you make through the Site. Certain item(s) that you may be able to purchase through the Site may be subject to additional terms and conditions presented to you at the time of such purchase.

Master Pierce reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (e.g., pricing errors) including after an order has been submitted and whether or not the order has been confirmed and your credit or payment card account charged.

You acknowledge that item(s) may be in limited supply and that an item that you may select may not be available at the time of order fulfillment. Prices of item(s) on the Site are subject to change without advance notice.

TAXES

We calculate and collect the tax that will be charged to you for item(s) you purchase based on the address information you provide to us.

PURCHASE ISSUES

Please see our Shipping & Return Policy.

ADDITIONAL POLICIES AND DOCUMENTS

In addition to and without limiting any other terms, agreements, policies or rules that may be referenced herein, or that may be applicable to your use of the Site (or any part thereof), the following policies and documents are considered part of these Terms of Use and apply to your use of the Site:

SUBMISSIONS

a. General. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, without limitation, feedback you provide with respect to item(s)) (“Submissions”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. By submitting or sending Submissions to us, you: (i) represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any “moral rights” in Submissions have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submissions that you provide to us, and we may delete or destroy any such Submissions at any time.

b. Right to Monitor and Editorial Control. Master Pierce reserves the right, but does not have an obligation, to monitor and/or review all Submissions posted to the Site or through the Site’s services or features by users, and Master Pierce is not responsible for any Submissions posted by users. However, Master Pierce reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Master Pierce’s sole discretion are objectionable or in violation of this Terms of Use, Master Pierce’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of use, Master Pierce’s policies or applicable law, or for any other reason without notice of liability.

c. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.

RESTRICTIONS ON USE

Without limitation of any other restrictions, guidelines or terms you may be subject to or that may be presented to you in connection with your use of the Site, you agree that you will only use the Site for your personal purposes in accordance with these Terms of Use, and will not (and will not permit any third party to):

(i) modify, translate, adapt, create derivative works from, copy, disassemble or decompile the Site, or any ideas, features, functions or graphics thereof, or any portion thereof, or create or attempt to create, by reverse engineering or otherwise, the source code or a competitive product or service from any object code supplied hereunder;

(ii) rent, lease, loan, sell, sublicense, transfer, publish, display, distribute, disclose or use the Site or your Account, or any portion thereof, in a service bureau, time-sharing or outsourcing service or otherwise use the Site or your Account on behalf of third parties;

(iii) export, import or re-export the Site (or any part thereof) in violation of any applicable law, rule or regulation of any jurisdiction;

(iv) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;

(v) engage in spidering, “screen scraping,” “database scraping,” harvesting of pricing or other information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

(vi) use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

(vii) impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(viii) use the Site to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

(ix) upload, post, add, publish, distribute or otherwise transmit to, on, through or in connection with the Site any Submissions or other information or material which constitutes, contains or disseminates a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind, or which violates, plagiarizes or infringes the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

(x) fail to deliver payment for item(s) purchased by you through the Site;

(xi) interfere with item(s) listed or sold through the Site;

(xii) take any action to undermine or otherwise interfere with any feedback or ratings systems that we may make available in connection with the Site (including, for example and without limitation, falsifying feedback or ratings, or using them for purposes unrelated to the Site);

(xiii) engage in debt collection or similar activities;

(xiv) share your Account information (including, without limitation, login credentials) with anybody; or

(xv) unless permitted under applicable law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

You also agree that you and your use of the Site will at all times comply with applicable laws, rules and regulations, as well as these Terms of Use and any other Master Pierce policy that you have agreed to with Master Pierce, as well as any applicable third-party agreements or terms and conditions that may be applicable to any item(s) purchased through the Site. You shall notify Master Pierce immediately of any actual or imminent (or reasonably suspected) unauthorized access to, or use or disclosure of, any of the foregoing. You recognize that the unauthorized use or disclosure of any of the foregoing will give rise to irreparable injury to Master Pierce or its licensors or agents for which monetary damages may be an inadequate remedy; and you agree that Master Pierce or its licensors or agents may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available.

ELECTRONIC COMMUNICATIONS

Subject to applicable law, you give us permission to communicate with you regarding the purchases you make through the Site or the Site itself by means of electronic communications (e.g., email or posting notices or communications on the Site). Electronic communications shall be deemed received by you when we send them to the email address you provided at the time of registration (or as updated from time to time by you in accordance with these Terms of Use).

SECURITY

These Terms of Use are effective at all times while you are visiting the Site or have an Account on the Site until terminated by Master Pierce or upon the breach by you of any term hereof, or by either party, at any time, for any reason. Master Pierce also, at any time or for any reason, may limit or revoke your access to or ability to use any or the entire Site without notice.

DISCLAIMER OF WARRANTY

THE SITE IS PROVIDED “AS-IS” AND WITH ALL FAULTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MASTER PIERCE (INCLUDING ITS SERVICE PROVIDERS AND LICENSORS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA, TOTAL SECURITY, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MASTER PIERCE DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS (INCLUDING IMAGES OF THE ITEMS), AVATAR REPRESENTATIONS OF YOUR BODY, OR OTHER CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AS BETWEEN YOU AND MASTER PIERCE, YOU BEAR THE ENTIRE RISK OF YOUR DECISION TO USE THE SITE AND PURCHASE ITEMS FROM DESIGNERS THROUGH THE SITE, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO CEASE ALL USE THEREOF AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PURCHASED ITEM(S) IS TO RETURN THE ITEM IF YOU DO SO WITHIN TWENTY ONE (21) DAYS. MASTER PIERCE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. MASTER PIERCE IS NOT RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A PURCHASE MADE THROUGH THE SITE.

INDEMNITY

You will, at your own expense, indemnify, defend and hold harmless Master Pierce, and its respective directors, officers, shareholders, employees, service providers and agents, and Designers from and against any action, damages, suits, claims, liabilities, costs and expenses (including reasonable attorneys’ fees) based on a claim arising from or relating to (a) these Terms of Use, (b) your use of the Site or any other part, feature or tool of or made available through or in connection with the Site, or (c) your breach of any term in these Terms of Use. The indemnified party shall have the exclusive right to control such defense. In no event shall you settle any such claim, lawsuit or proceeding in any manner that materially prejudices the indemnified party’s rights without the indemnified party’s prior written approval.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MASTER PIERCE NOR ANY OF ITS AGENTS, REPRESENTATIVES, LICENSORS, OR SERVICE PROVIDERS (THE “COVERED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, OR MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH COVERED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE PROVIDERS OF ANY THIRD PARTY SOFTWARE OR CONTENT INCLUDED IN THE SITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MASTER PIERCE’S AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES ARISING HEREUNDER EXCEED $100. YOU UNDERSTAND AND AGREE THAT THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

IN NO EVENT SHALL THE COVERED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DEFECT, ERROR, OR OTHER PROBLEM, ASSOCIATED WITH ANY ITEM(S) PURCHASED THROUGH THE SITE. IN NO EVENT SHALL THE COVERED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DISPUTE BETWEEN A USER WHO PURCHASED ITEM(S) THROUGH THE SITE, ON ONE HAND, AND THE DESIGNER WHO SHIPS THE ITEM(S), ON THE OTHER HAND. THE SITE (INCLUDING THE FEATURES, TOOLS AND SERVICES RELATED THERETO) PROVIDES A VENUE TO ALLOW USERS OF THE SITE TO PURCHASE ITEM(S) MADE AVAILABLE BY DESIGNERS. WE FACILITATE THE TRANSACTION BETWEEN USERS AND DESIGNERS. WE DO NOT TRANSFER LEGAL OWNERSHIP OF ITEM(S) FROM DESIGNERS TO USERS WHO PURCHASE SUCH ITEM(S). IF YOU HAVE A DISPUTE WITH ONE OR MORE DESIGNERS, YOU HEREBY AGREE TO RELEASE MASTER PIERCE (AND THE COVERED ENTITIES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND EVERY NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED WITH SUCH DISPUTES. NO AGENCY, PARTNERSHIP, JOINT VENTURE, FIDUCIARY, FRANCHISER-FRANCHISEE OR OTHER SIMILAR RELATIONSHIP IS FORMED BETWEEN YOU AND MASTER PIERCE BY VIRTUE OF THESE TERMS OF USE OR YOUR USE OF THE SITE OR YOUR PURCHASE OF ITEM(S) THROUGH THE SITE.

NO ENDORSEMENT OF OR CONTROL OVER ITEM(S) SOLD THROUGH THE SITE

Master Pierce does not necessarily endorse or support any item(s) available for purchase through the Site or any designer that makes its item(s) available for purchase through the Site, and Master Pierce expressly disclaims any and all liability in connection with item(s) made available through the Site. We have no control over, and do not warrant or guarantee in any manner, the quality, safety, accuracy, truthfulness or legality of item(s) displayed or sold through the Site.

PRIVACY

Our use of the information we collect from you is described in our Privacy Policy. Please review our Privacy Policy to better understand our practices. However, you understand that when you order an item through the Site, your order information, including your name and other personally identifiable information about you, will be forwarded to the Designer of that item for order fulfillment purposes.

PROPRIETARY RIGHTS

a. Trademarks. “Master Pierce” and all related logos, as well as any other trademarks, service marks, trade names, branding and logos, are trademarks and/or registered trademarks of Master Pierce or its licensors. No right, title, license, or interest to such trademarks is granted hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to such trademarks. You agree that you will not use Master Pierce or its licensors’ or service providers’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without Master Pierce’s or its licensors’ or service providers’ prior written consent. You shall inform Master Pierce promptly in writing of any actual or alleged infringement of Master Pierce’s or its licensors’ or service providers’ rights and of any evidence thereof.

b. Ownership. As between you and Master Pierce, Master Pierce owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, any audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (which include, without limitation, all of the foregoing owned or licensed by Designers). Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.

c. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Master Pierce, its licensors and its service providers reserve all rights, title and interest in and to the Site, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth in this Agreement.

COPYRIGHT AGENT

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Master Pierce’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SEVERABILITY

Should any term of these Terms of Use be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

NO WAIVER

The failure or delay of either party to enforce any rights granted hereunder or take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

NO THIRD-PARTY BENEFICIARIES

These Terms of Use do not and are not intended to confer any rights or benefits on any person that is not a party hereto, and none of the provisions of these Terms of Use shall be enforceable by any person other than the parties hereto, their successors and permitted assigns.

JURISDICTIONAL ISSUES

The Site is controlled and operated in the United States of America. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

BINDING INDIVIDUAL ARBITRATION PURPOSE

a. Purpose. The term Dispute means any dispute, claim, or controversy between you and Master Pierce or any of its affiliates regarding this website or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 23 (with the exception of the enforceability of the Class Action Waiver clause below). Dispute is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Master Pierce or any affiliate of Master Pierce or any of its or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the Notice of Dispute clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the Master Pierce entity or individual that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 23, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

b. Exclusions from Arbitration. YOU AND MASTER PIERCE AND ITS AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY MASTER PIERCE OR ITS AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 23.

c. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 23, YOU MUST NOTIFY MASTER PIERCE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO MASTER PIERCE ., 10300 W Forest Hill Blvd Wellington Florida 33414 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH MASTER PIERCE OR ITS AFFILIATES THROUGH ARBITRATION. GOVERNING LAW

d. Notice of Dispute. IF YOU HAVE A DISPUTE WITH MASTER PIERCE OR ANY OF ITS AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO MASTER PIERCE ., 10300 W FOREST HILL BLVD STORE 192 , WELLINGTON, FLORIDA, 33414 TO GIVE MASTER PIERCE OR THE MASTER PIERCE AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE.

e. Informally Through Negotiations. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Master Pierce or the Master Pierce affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, Master Pierce or the Master Pierce affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 23.

f. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE MASTER PIERCE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

g. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Master Pierce entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (AAA), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 13 govern in the event they conflict with the rules of the arbitration organization selected by the parties.

h. Arbitration Procedures. Because this Site and the service provided to you by Master Pierce concern interstate commerce, the Federal Arbitration Act (FAA) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAAs Supplementary Procedures for Consumer-Related Disputes (Supplementary Procedures) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAAs Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Master Pierce entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Master Pierce entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

i. Location of Arbitration. You or the Master Pierce entity you have a Dispute with may initiate arbitration in either West Palm Beach County, Florida or the county in which you reside. In the event that you select the county of your residence, the Master Pierce entity you have a Dispute with may transfer the arbitration to West Palm Beach County, Florida in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

j. Severability. If any clause within this Section 23 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 23, and the remainder of this Section 23 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 23 will be unenforceable, and the Dispute will be decided by a court and you and the Master Pierce entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

k. Continuation. This Section 23 shall survive any termination of this Terms of Use or the provision of the associated services to you.