TERMS AND CONDITIONS

WELCOME TO THE FORTERO COMMUNITY!

Seiseidou America, Inc. d/b/a Fortero, designees (“Fortero”, “us”, “we”, or “our”), is pleased to provide you with access to our www.fortero.com website (“Website”), which includes our products (“Products”)and accessible via our websites, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, contests, and any other materials or any other online activities or platform we own or control.

1.  BINDING EFFECT. Please read these terms and conditions (“Terms”) carefully before using the Website. The Terms are a binding legal contract between you and Fortero. By accessing and using the Website, you acknowledge that you have read and reviewed these Terms in their entirety, you agree to these Terms and Fortero’s privacy policy (available here, and which may be amended from time to time and effective when posted, and which is incorporated herein by reference), and these Terms constitute binding and enforceable obligations on you.

We may amend these Terms from time to time by posting an updated version on our Website here. Your continued use of the Website after we post any changes will constitute your acceptance of such changes. provided, however, that any amendment or modification to the: (a) arbitration, class action wavier, waiver of jury trial, or any other provisions applicable to dispute resolution shall not apply to any disputes arising prior to the applicable amendment or modification. If you do not agree to these Terms, do not use the Website.

If you are accessing and using the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. We recommend that you save a copy of these Terms your records.

2. ELECTRONIC COMMUNICATION. The communications between you and Fortero are electronic. You consent to receive communications from Fortero in an electronic form (in lieu of communications by mail). You agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. ELIGIBILITY. By accessing, using, or making a purchase through the Website, or registering and creating an account on the Website, you represent and warrant that you are at least 18 years old and can form a binding contract with Fortero.

4. YOUR FORTERO ACCOUNT. You do not have to be a registered user to visit the Website. But, if you want to use certain features of the Website, or if you would like to purchase products through the Website, you will have to create an account. You can do this via the Website. Registration requires you to (A) provide certain contact and other personal information; (B) submit any other form of information, authentication, or agreement required by Fortero as part of the registration process; and, (C) indicate your agreement to these Terms and the Privacy Policy. It is important that you provide us with accurate, complete, and up-to-date information for your account (e.g., change of billing address, credit card number, or expiration date). You agree to update such information, as necessary, to keep it accurate, complete, and up to date. If you do not, we may suspend or terminate your account. You may also be asked to provide a username (i.e., your email address) and password (“login credentials”). You are entirely responsible for maintaining the confidentiality of your login credentials and for restricting access to your account. You may not use the account or login credentials of someone else at any time. You agree to notify Fortero immediately of any unauthorized use of your account or login credentials. Fortero shall not be liable for any loss that you incur as a result of someone else using your login credentials or account, either with or without your knowledge. You agree to be responsible for any losses incurred by Fortero, its officers, employees, consultants, agents, affiliates, representatives, and members, due to someone else’s use of your login credentials or account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances

5.  TERMS OF SALE. The following Terms of Sale (“Terms of Sale”) shall apply if you purchase products from Fortero through the Website:

A.  No Purchase for Resale. Your purchase from the Website is for your own personal or household use, not for resale (including export, re-export, or transfer). The Website is intended solely for Fortero to sell Products direct to end-user consumers. Purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses, or any other third party).  If Fortero believes you are involved in purchase for resale, Fortero reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. By purchasing a Product through the Website, you represent and warrant that you are buying for your own personal or household use, and not for resale.

B.  Order Processing. Your order is an offer to purchase Product. Fortero may send an order confirmation email to acknowledge receipt of your order, but Fortero does not accept your order until we send you notice that the Product has shipped. Fortero may process payment for and ship parts of an order separately. Fulfillment of all orders on the Website is subject to availability. Fortero reserves the right to refuse or cancel any order prior to delivery. Orders may also be cancelled due to typographical errors, system failures, and inaccuracies in product/subscription pricing information or availability, or problems identified by Fortero, or its payment processors, or other service providers. Fortero also may require additional verification or information before accepting an order. Fortero will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after Fortero processed your payment but prior to delivery, Fortero will refund your payment. As applicable, all purchases are also subject to shipping and handling charges and sales and/or other taxes, which will be applied to your order total. Taxes will be calculated based on the billing address provided.

C. Pricing and Availability. Prices and promotions are subject to change. Fortero strives to communicate accurate pricing and Product information, but errors may occur. In the unlikely event that an error affects your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.

D. Payment Information. You understand all payments must be made to Fortero through Shopify, our third-party payment processor, with a valid credit card or debit card. When you provide any information to Fortero for any reason, such as to register for the purchase of Products, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment information to us, you represent that such payment information is correct and belongs to you or you have the authority to use such payment card. In the case of email, you must provide an accurate email address that is registered in your name. You are responsible for promptly updating your information with any changes, including the requirement to keep billing information current. You must promptly notify Fortero if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent interruption, you acknowledge Fortero may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order via the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Fortero. All prices are displayed and Products purchased in United States Dollars unless expressly indicated otherwise.

E. SMS Notifications. Fortero uses ReChargeSMS (owned by “Electric SMS”), a third party SMS message management platform (operated via ReCharge, our third party subscriptions payments platform) that allows you to receive SMS mobile messages regarding your order(s) from the Website, including shipping and delivery updates. The terms of service for ReChargeSMS can be viewed here. Our Services may include sending you Short Message Service (“SMS”) messages, which may deliver up to two messages per month to your wireless device (unless you communicate further with us), but message frequency may vary. We may use your information to contact you about your purchases or informational and service-related communications, including important security updates. You may remove your information by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.

F. Monthly Subscription-Based Program. Fortero offers certain products on a monthly subscription basis so you can enjoy the benefits of such products on a continuous basis. Our subscription service automatically delivers your products right to your door on a recurring basis (i.e., every 1 or 3 months). You can join the monthly subscription program by selecting this option on the product page and checking out.

BY SIGNING UP FOR THE MONTHLY SUBSCRIPTION WITH A RECURRING SHIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR ORDER WILL BE AUTOMATICALLY PROCESSED AND SHIPPED ON A RECURRING BASIS AS SELECTED BY YOU UNTIL YOU END YOUR SUBSCRIPTION OR CANCEL YOUR RECURRING ORDER. Your payment method will automatically be charged for each successive shipment at the then-current price until you provide prior notice that you wish to cancel your subscription, as described below. Notwithstanding anything to the contrary contained herein, prices are subject to change at any time during the term of your subscription. Monthly charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.

You may cancel your monthly subscription-based program at any time by cancelling online at www.fortero.com, or emailing us to support@fortero.com. Any cancellation of your subscription must be received by Fortero at least forty-eight (48) hours prior to the next scheduled payment date in order to take effect for that period. If you cancel less than forty-eight (48) hours prior to the monthly renewal of your subscription, your subscription will continue as scheduled, and your cancellation will take effect in the following month.

Your refund will be processed within about seven (7) days following Fortero’s confirmation of the return of your Qualifying Purchase; however, it may take longer for the refund to appear in your bank account once issued.

5.   Other Terms and Conditions. If you use the Guarantee, Fortero will automatically cancel any of your active Fortero subscriptions. Should you choose to subscribe to a Qualifying Purchase in the future, you will not be eligible to use the Guarantee again. The Guarantee applies during your lifetime – you may choose to use the Guarantee at any time; provided, however, the full refund will only apply to your first Qualifying Purchase. You must provide your original receipt and/or delivery receipt from your first Qualifying Purchase in order to apply the Guarantee.

10. SUSPENSION. We may immediately suspend or restrict access to the Website, our Service, or your account, in whole or in part, with or without notice to you if: (a) we reasonably believe that you have violated any applicable law which may have a potentially adverse effect on us or our other customers; (b) we believe that providing access to the Website or advertising or offering our Products may violate any applicable law or regulation; (c) we reasonably believe that it is necessary to protect our servers, systems, infrastructure, data, or information or that of our respective third-party providers or other customers, from a denial of service attack, security breach, introduction of a virus or other malware, ransomware attack, or similar event; (d) requested or ordered by a law enforcement agency, government agency, or similar authority; or, (e) you fail to cooperate with us to investigate suspected violations of these Terms. Upon removal, cessation or mitigation of the underlying cause for any of the above that occurs, we may resume providing access to the Website or affected Service.

11. TERMINATION. We may terminate your access to the Website if you violate these Terms. Upon termination, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Content. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Website and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.

Upon any termination, discontinuation, or cancellation of your account, all provisions of these Terms that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, restrictions on use, and dispute resolution provisions.

Fortero reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms, misused the Website, or acted in a way that Fortero regards as inappropriate or unlawful, including actions or communications that occur on or off the Website.

12. AFFILIATED AND THIRD PARTY SITES, THIRD PARTY SERVICES, AND THIRD PARTY CONTENT. Fortero has no control over, and no liability for any third party websites, applications, or materials. Fortero works with a number of third party partners and affiliates, whose Internet sites may be linked with the Website. Because neither Fortero nor the Website has control over the content and performance of these third party partner and affiliate sites, Fortero makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and Fortero assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to websites or “social media“ sites such as Instagram, Facebook, Google+, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that Fortero makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites, applications, or materials.

Further, certain portions of the Website may be integrated into, or be provided in connection with third party websites, services, content, and/or materials (“Third Party Services”). We do not review or control any Third Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third Party Services accessible from the Website. There is no implied connection, endorsement, or adoption by Fortero of these Third Party Services and we shall not be responsible for any content provided on or through these Third Party Services. Certain opinions, claims, advice, representations, statements, or other information or materials may be made available by third parties through or in connection with the Website (“Third Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third Party Content and these authors and providers are solely responsible for the Third Party Content they provide in relation to the Website.

Fortero DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT REGARDING ANY PORTION OF THE WEBSITE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third Party Content. UNDER NO CIRCUMSTANCES WILL Fortero BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird Party CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD PARTY in connection with the WEBSITE, INCLUDING ITS PRODUCTS AND SERVICES.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE WEBSITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Fortero ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

13. LIMITED WARRANTY. YOU ACKNOWLEDGE AND AGREE THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY websites, products available and accessible via our website, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or control, AND AS TO FORTERO PRODUCTS, EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY FORTERO CONTAINING PRODUCT WARRANTIES, IF ANY, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”) ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.  FORTERO’S SOLE OBLIGATION AND LIABILITY IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY, IF ANY, SHALL BE, AT ITS OPTION, TO REPLACE THE RELEVANT PRODUCT AT ITS COST.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTHER THAN AS EXPRESSLY PROVIDED IN THESE TERMS, Fortero EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE webSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Fortero DOES NOT WARRANT THAT THE webSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE webSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE webSITE IS AT YOUR SOLE RISK.

CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

14. LIMITED LIABILITY. Fortero’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Fortero OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, or representatives (COLLECTIVELY, THE “Fortero PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WebSITE OR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED TO YOU BY Fortero; YOUR INABILITY TO ACCESS OR USE THE webSITE; THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE webSITE; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, EVEN IF Fortero HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, or any other legal theory or form of action EVEN IF Fortero PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT Fortero PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Fortero DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE webSITE. Fortero TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE WebSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE webSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND/OR TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100)..

CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

notice to new jersey residents: IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.

15. INDEMNIFICATION. By utilizing the Website or our Products or Service, you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of Website or our Products or Service, or your posting or submission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms. Fortero will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Fortero reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other Website users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Website and from any claims related to the conduct of any other users or customers of ours.

16. TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that Fortero is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

17. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION.

WHETHER TO AGREE TO THE ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS, INCLUDING BUT NOT LIMITED TO AN ATTORNEY, REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

18. SEVERABILITY; WAIVER. If any provision of these Terms, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and, provided that the fundamental Terms of these Terms remain legal and enforceable, the remainder of these Terms and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

19. INTERNATIONAL USE. Our Website is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.

20.  CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Seiseidou America, Inc. dba Fortero, Attn: Website Administrator, 10880 Wilshire Blvd. Suite 1101, Los Angeles, California 90024, U.S.A.; or, by email at support@fortero.com.

21. ENTIRE AGREEMENT. This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.