This privacy notice discloses the privacy practices for https://www.tactivegearsolutions.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:

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1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

2. What choices are available to you regarding the use of your data.

3. The security procedures in place to protect the misuse of your information.

4. How you can correct any inaccuracies in the information.

 

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We are the sole owners of all information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about promotions, new products or services, or changes to this privacy policy.

 

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You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address below:

• See what data we have about you, if any.

• Change/correct any data we have about you.

• Have us delete any data we have about you.

• Express any concern you have about our use of your data.

 

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We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

 

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

 

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email.

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Please review these basic terms for use of www.tactivegearsolutions.com and its related sites (collectively, the “Website” or “Websites”). By using the Website, you agree to follow and be bound by these Terms of Use (collectively, the “Terms”). If you do not agree with any of these Terms, please do not use the Websites. We may change these Terms any time. By using the Website after a change, you agree to follow and be bound by the Terms as changed. Accordingly, please review these Terms regularly. Throughout these Terms, “Tactive Gear Solutions”, “we”, “us”, and “our” refer to Tactive Gear Solutions, Inc. and its parents, subsidiaries, and its affiliated entities.

 

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1. Pricing and Availability
   All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

   1. How We Calculate Sales Tax
      As a national retailer, Tactive Gear Solutions is required to charge applicable state and local sales tax on orders shipped to states where we have a physical presence, which includes distribution centers, operating stores and/or new stores under construction.

   2. In states in which Tactive Gear Solutions does not have a physical presence, we may be required to charge applicable state and local sales tax on orders shipped if required to do so under state and/or local tax laws.
      Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. We are required to follow the rules of each state.
      - Taxes that appear in your online order confirmation are estimated, the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped.

2. Errors
   We attempt to be as accurate as possible and to eliminate errors on the websites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the websites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund

3. Out of Stock Items; Backorders
   If the item you want is not listed on the "Shop/Product Page" Please check back later.

4. Agreement to Conduct Transactions Electronically; Recording; Copies
   You agree that all of your transactions with or through the websites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

5. Shipping and Handling; No Export by You
   When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the websites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Faster shipping times are available for an additional fee. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, including orders shipped to a Tactive Gear Solutions store for pick-up. Any shipping times shown on the websites are estimates only, actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

6. Payment; Credit for Refunds
   Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the websites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

7. Returns & Exchanges of Products
   Please see our Returns & Exchanges page for information regarding our policies for returning and/or exchanging your purchases. If you believe a product sold by Tactive Gear Solutions has a condition or defect that might make it unsafe, please email us as sales@tactivegearsolutions.com

8. Complaints and Legal Notices
   All complaints and legal notices should be emailed to Tactive Gear Solutions, LLC., at sales@tactivegearsolutions.com. If a law requires us to accept legal notices via mail, email us at the above email to ask for the address intended for receipt of such notices.

9. Warranty Information
   Tactive Gear Solutions warrants each product sold by Tactive Gear Solutions or its authorized dealers to be free of defects in materials or workmanship for as long as the original owner owns the product, or for the maximum period allowed by the laws of your jurisdiction, if less.
   Please see our Warranty Information page for full details including exclusions.

10. Exclusive Remedy for Any Breach of Warranty; Limitation of Liability
    Your sole and exclusive remedy, and Tactive Gear Solutions's sole and exclusive liability, for any breach of warranty by Tactive Gear Solutions shall be your right to return the product within 30 days unopened and/or receive a refund, as provided in Tactive Gear Solutions Return Policy Guidelines.

11. IN NO EVENT SHALL THE TACTIVE GEAR SOLUTIONS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE TACTIVE GEAR SOLUTIONS PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
     

 

Intellectual Property

The Website and its entire contents, features, and functionality (including by not limited to all information, text, displays, images, icons, video, and audio, and the design, selection, and arrangement thereof), are owned by Tactive Gear Solutions. 

 

These Terms permit personal, non-commercial, use of the Website only. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, unless otherwise permitted to do so by law or by written consent from Tactive Gear Solutions. Nothing in the Terms transfers to you any right, title or interest in any content on the Website, including any intellectual property or content of third parties included on the Website. You must not access or use any part of the Website, or materials available through the Website, for commercial purposes.

If you wish to use any material on the Website, please submit a request to the Legal Department using the “Contact Us” form found at www.tactivegearsolutions.com. Consent and/or permission can be granted or withheld at the sole discretion of Tactive Gear Solutions. Failure to respond to any request, does not constitute consent or permission.

 

Copyright and Usage of Content:

The copyrights and other rights to the materials on our Website, or other Tactive Gear Solutions owned or operated platforms (i.e. blogs, social media accounts, etc.), are owned by Tactive Gear Solutions. No further publication or commercial use may be made of these materials without the express written permission of Tactive Gear Solutions.

 

Copyright Infringement Complaints:

If you believe that your work has been improperly copied and posted on this Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Tactive Gear Solutions legally sufficient notice of infringement. Send copyright infringement complaints to our email: sales@tactivegearsolutions.com.

 

Website Contents and Technologies:

Tactive Gear Solutions does not provide the technologies used to build our Website and, therefore, we neither recommend nor endorse these technologies. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. We hereby disclaim any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties. The downloading or export of software or technical data from this Website to any other jurisdiction may be a violation of the United States export laws and is strictly prohibited.

 

Submission Of Product Ideas Or Information:

Please see our Privacy Policy for general information regarding the use of this Website. With regard to the submission of information to Tactive Gear Solutions, please note that Tactive Gear Solutions does not want to receive confidential or proprietary information, including product ideas, from you through this Website or otherwise unless you have another written agreement with Tactive Gear Solutions related to the sharing of such information. Any information that Tactive Gear Solutions receives from you through this Website, must comply with all applicable federal, state, local and international laws and regulations, and, other than your personally-identifiable information that is encompassed by the terms of our Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING NON-CONFIDENTIAL AND/OR NON-PROPRIETARY INFORMATION VIA THIS WEBSITE OR OTHERWISE WITHOUT A WRITTEN AGREEMENT WITH TACTIVE GEAR SOLUTIONS RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT TACTIVE GEAR SOLUTIONS MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

 

User-Generated Content And Product Reviews:

We at Tactive Gear Solutions, welcome your comments and submissions regarding our company, products, Website, blog, and/or services, which might include personal information about you and your use of the Website or Tactive Gear Solutions products. Please review our Privacy Policy for more information.

 

As a condition to your submission of any comments, reviews, photos, or other material, including social media posts associated with hangtags related to Tactive Gear Solutions (“User-Generated Content”), you agree to grant Tactive Gear Solutions an irrevocable, royalty-free, worldwide, and non-exclusive license to use, reproduce, distribute, publish, display, and create derivative works of the User-Generated Content, in any media now or hereafter known. Tactive Gear Solutions may display your User-Generated Content for other users to see, together with your name and associated social media account profile, if applicable.

Tactive Gear Solutions may request to use or display the User-Generated Content you post on Facebook, Twitter, Instagram, or Pinterest by sending you a direct message. By responding to our message with ‘yes’, you grant us permission to use your User-Generated Content and agree to be bound by these Terms.

 

You understand, agree, represent and warrant that: 1) such User-Generated Content may be used on the Website and/or other Tactive Gear Solutions maintained websites, marketing materials, or social media pages; 2) you are 18 years of age or older and have the full power and authority to submit the User-Generated Content and grant the licenses herein; 3) the User-Generated Content will not violate anyone else's right, including copyright, trademark, privacy or other rights; and 4) your User-Generated Content complies with all applicable laws, rules and regulations, as well as any applicable third-party agreements, including without limitation Instagram, Facebook, Twitter, Pinterest, and Vine’s Terms of Use. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or otherwise unlawful, obscene or objectionable material, as determined by, and in the sole discretion of, Tactive Gear Solutions. You will be solely responsible for the content of any submissions you might make.

 

Tactive Gear Solutions has the right to remove or refuse to post any User-Generated Content for any or no reason, in its sole discretion. Tactive Gear Solutions cannot review all material before it is posted on the Website, or ensure prompt removal of objectionable material after it has been posted. Accordingly, Tactive Gear Solutions is not responsible or liable for the content or information that others post or transmit to the Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity or other objectionable material contained in any such information, or for the conduct of any Website user.

 

Product Information and Orders:

Products displayed on the Website can be delivered only in accordance with United States export laws and regulations. By placing your order with us, you are representing to us that you will comply with all applicable laws and that you are of legal age and, furthermore, you agree to hold us harmless from your failure to comply with these requirements.

Product pricing and availability are subject to change without notice. The display of product color will depend on your individual monitor and Tactive Gear Solutions cannot guarantee the accuracy of your monitor’s display.

All orders placed through the Website are subject to Tactive Gear Solutions’s acceptance. This means that Tactive Gear Solutions may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Tactive Gear Solutions will issue you a refund.

 

Links to Other Websites:

Any links contained on the Website to outside websites are provided only as a convenience. All use of outside links is at your sole risk. If you have any concerns regarding any outside site linked to or from the Website, please direct them to the owner or operator of the outside site. Tactive Gear Solutions is not responsible for any outside sites, services, or other materials linked to or from the Website, and we disclaim all liability for any injury you might experience by using such materials. You may not create hyperlinks to this Website, nor may you use any "framing" or similar techniques to enclose any portion of this Website without Tactive Gear Solutions prior written consent.

 

Disclaimer:

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL TACTIVE GEAR SOLUTIONS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF TACTIVE GEAR SOLUTIONS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Additionally, Tactive Gear Solutions makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by Tactive Gear Solutions to such websites are provided solely for your convenience and should not be deemed to imply that Tactive Gear Solutions endorses those websites or any content therein.

 

Indemnification:

You agree to defend, indemnify and hold Tactive Gear Solutions (along with its directors, officers, employees, and agents) harmless from and against any claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Website (including User-Generated Content) or your violation of any of these Terms.

 

Miscellaneous:

This Website is controlled and operated by Tactive Gear Solutions, from our offices in North Carolina. Unless otherwise specified, Tactive Gear Solutions displays this Website and its contents solely to market and promote products and services in the United States and make no claims as to its accessibility outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. Should you choose to access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.

 

These Terms shall be construed according to Nort hCarolina law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the contents of the Website, the use of the Website, or products or services purchased using this Website, shall be resolved exclusively by the state and federal courts of the State of North Carolina. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

These Terms, together with the Privacy Policy, are the entire agreements between you and Tactive Gear Solutions relating to the Website or its contents. Any other agreements are superseded and have no force or effect.

 

Termination:

Your failure to comply with these Terms automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the Terms. The restrictions, including restrictions with respect to its content, disclaimers, and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of content.

 

Promotions:

Tactive Gear Solutions Tactical reserves the right to cancel or make adjustments to any order placed online in order to comply with the promotion being offered. We will not charge any customer’s credit card an amount that is greater than the total checkout price. However, orders may be put on hold in order for a customer service representative to contact a customer for additional information necessary to complete an order. Offers may change at any time and are good only while supplies last, valid in the U.S. only on the tactivegearsolutions.com website. Promotions cannot be applied to previous orders placed.

 

Arbitration and Class Action Waiver:

NOTICE: PLEASE READ THIS SECTION OF THESE TERMS CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDE YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE CLAIM OR ACTION.

1. MANDATORY INFORMATION DISPUTE RESOLUTION: If you or Tactive Gear Solutions have a Claim (defined below), you and Tactive Gear Solutions agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the Claim. The notice must include the initiating party’s name and contact information (address, telephone number and email address) and a detailed description of (1) the nature and basis of the Claim, (2) proof of purchase or account if relevant to the dispute, and (3) the nature and basis of the relief sought with a detailed calculation. Your notice shall be sent by email to Tactive Gear Solutions, LLC., sales@tactivegearsolutions.com. You must personally sign the notice. Tactive Gear Solutions’s notice to you shall be sent to the most recent contact information we have on file for you.
   If requested by the party that receives the notice, the other party must personally participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or Tactive Gear Solutions may commence an arbitration proceeding consistent with the process set forth below. Compliance with and proceeding consistent with this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

2. AGREEMENT TO ARBITRATION: If we are unable to resolve a Claim through the mandatory informal dispute resolution process, you and Tactive Gear Solutions agree that, except as set forth below, all Claims between you and Tactive Gear Solutions will be resolved by binding arbitration, rather than court. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT TO, A JUDGE OR JURY TO DECIDE YOUR CLAIMS.

3. CLAIMS: “Claims” subject to this section include any dispute or claim relating in any way to the Websites, any dealings with us and our customer service agents, any representations made by us, and/or your use of our Websites (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information. Claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory or whether they seek legal or equitable remedies. Claims also include any dispute or claim you assert against Tactive Gear Solutions, Tactive Gear Solutions’s employees, agents, successors, subsidiaries, affiliates, and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

4. CLAIMS NOT COVERED BY ARBITRATION: Claims filed by you or by us in small claims court are not subject to arbitration so long as the dispute remains in such court and advances only on an individual claim for relief.

5. ARBITRATION: Unless you and we agree otherwise in writing, arbitration shall be administered before a single arbitrator administered by AAA and conducted in accordance with its rules and procedures in effect at the time of filing of the arbitration. However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms of Use, and can award damages and relief (including any reasonable attorneys’ fees) authorized by law and/or the AAA Rules. The arbitration decision and award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. For example, rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.

6. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TACTIVE GEAR SOLUTIONS ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

7. ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND TACTIVE GEAR SOLUTIONS AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY IMPACT THE PERSON BROUGHT THE CLAIM, NOT OTHER TACTIVE GEAR SOLUTIONS CUSTOMERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER CUSTOMERS.
   Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
   If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). If any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and such class action shall be exempted from this arbitration provision and brought in court. This arbitration provision may be enforced in any court of competent jurisdiction.

8. CONFIDENTIALITY: The hearing and any information and materials obtained during the Dispute-Resolution or Arbitration process will be kept confidential, except to the extent applicable law does not allow confidentiality or to the extent necessary (despite cooperation by all parties to maximize confidentiality) to ask a court to enforce or vacate an award.

9. ATTORNEY'S FEES: The parties to the arbitration shall each bear their own attorneys’ fees an costs and any other fees and costs that are not unique to arbitration, unless the arbitrator issues an award, where permitted by law, which includes reasonably fees and costs to the prevailing party. Further, an arbitrator had authority to award fees and costs to a non-filing party if the arbitration claim is determined by the arbitrator to be frivolous, brought not in good faith or otherwise a vexatious or false claim.

10. PUBLIC INJUNCTIVE RELIEF WAIVER: Neither you nor we will have the right to seek public injunctive relief as a remedy for any Claim against one another in arbitration, if such a waiver is permitted by the FAA. If such a waiver is deemed unenforceable, you and we agree that the Public Injunctive Relief claim shall be severed from any other Claims and/or remedies you have. The Public Injunctive Relief claim must be adjudicate by a court after all your other Claims to be decided in arbitration under this Section are resolved in arbitration.