Terms and Conditions

TERMS OF USE

Effective Date: Last update August 13, 2021

Read This Terms of Use Agreement Before Accessing Website, Purchasing Products or Using Services.

These terms and conditions of use (“Terms of Use”) govern your use of the websites, mobile applications, and associated software owned and controlled by ADB Innovations LLC and its affiliates (“ADB”), including the www.ashleyblackguru.com and www.fasciablaster.com website, each subdomain of the foregoing websites, and the Ashley Black’s FasciaYoga mobile application (collectively, the “Site”).

Your compliance with these Terms of Use is a condition to your use of the Site. If you are using the Site on behalf of your employer, company, or organization (the “Organization”), you represent and warrant that you have the authority to accept these Terms of Use on behalf of the Organization. By clicking “accept” you acknowledge that you have read, understand, and agree to all terms and conditions contained within these Terms of Use and our Privacy Policy. If you (and your Organization, if applicable) do not agree to be bound by these Terms of Use, you are not authorized to access or use this Site and you should promptly exit and cease using this Site. The terms “you,” “your,” etc. refers to both you as an individual user and your Organization (if applicable).

BINDING ARBITRATION. These Terms of Use provide that all disputes between you and ADB that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Agreement to Arbitrate or the details regarding your agreement to arbitrate any disputes with ADB.

No Medical Advice

The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Site, whether provided by ADB, its content providers, its clients, visitors to the Site, or others, is solely at your own risk.

Ownership of the Site

All pages within this Site and any material made available for download are the property of ADB, or its licensors or suppliers, as applicable. The Site and the materials and information on the Site are protected by United States and international copyright and trademark laws. The contents of the Site, including, without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by ADB. Any use of Content that is not in accordance with these Terms of Use is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of ADB without our express written consent.

Intellectual Property

The FasciaBlaster® line of products and other products, and all features, functionality, tools, and content, therefore, and other products that appear on the Site are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You acknowledge and agree that the products that appear on the Site and all intellectual property rights therein are the exclusive property of ADB and/or its affiliates or licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying products. ADB registered patents are listed here.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, tag lines, product and service names, designs, and slogans and other trademarks and service marks associate with ADB or its affiliates or licensors or the products (the “Marks”) are the property of ADB and/or its affiliates or licensors, and that you are not permitted to use, sell, or otherwise distribute the products or services available through the Site for commercial purposes whatsoever, under such Marks or otherwise, without the prior written permission of ADB. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. The Site and these Terms of Use are copyright protected and the exclusive properties of ADB. All rights reserved.

Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable license to access and use the products, for your own personal use only, and not for use as a service provider or any other commercial use.

Limited License

ADB hereby grants you the right to view and use the Site subject to these Terms of Use. You may download and/or print copies of information provided in the Site for your personal, non-commercial use only. You hereby agree that you will not reverse engineer, break into the Site, or use materials from the Site to violate the law. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from ADB.

No Users Under 18 Years Old

In order to access the Site, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@fasciablaster.com.

Site Access, Security, and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your ADB account, including but not limited to providing your name, email address, and password, which become your ADB account credentials. The ADB account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your ADB account credentials, and for all activities that occur under your ADB account or using your ADB account credentials. You agree to prohibit anyone else from using your ADB account credentials and agree to immediately notify ADB of any actual or suspected unauthorized use of your ADB account or other security concerns of which you become aware. Your access to the Site may be revoked by ADB at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or bypass other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. ADB will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Ordering and Purchasing of Products and Services

Accuracy and Integrity of Information; Colors

Although ADB attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and or the Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ADB so that it can be corrected. ADB reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, ADB shall have no responsibility or liability for information or Content posted to the Site from any non-ADB affiliated third party.

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or other device, we cannot guarantee that your device’s display of any color will be accurate.

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your original payment method in the amount of the incorrect price.

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that we will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in products or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, we will issue a credit to you in the amount of the charge to your original form of payment.

Risk of Loss

All products purchased from the Site are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to a carrier.

Shipping Policy

Our Shipping Policy is posted here, and may be changed by ADB at any time. Any such changes will be posted to the Site.

Warranty, Breakage & Return Policy

Our Breakage & Return Policy is posted here, and may be changed by ADB at any time. Any such changes will be posted to the Site.

Canceling / Amending orders

Orders cannot be canceled or amended once check-out has been completed. After the receipt of the product(s), please contact support to set up a return.

Quantity Limits and Dealer Sales

ADB reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification if such limits are applied. Please note that certain orders constitute improper use of ADB and its products and services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. ADB also reserves the right, at our sole discretion, to prohibit sales to dealers, wholesalers, or other customers who intend to resell items offered on our Site.

Online Payments

You can purchase products and services on the Site. We accept credit and debit cards issued by U.S. banks. You and ADB agree that the payment method you submit may be used automatically by ADB or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, ADB may obtain pre approval for an amount up to the amount of the payment. You agree to allow ADB’s payment processors to securely store your payment method. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization by contacting ADB via support@fasciablaster.com at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that products or services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to ADB. This authorization will remain in full force and effect until revoked by you or ADB. If you want to designate a different payment method or if there is a change in your payment method, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to complete transactions with the relevant credit or debit card and credit or debit card information. If ADB is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, ADB may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from ADB with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.

Subscription Terms

If you purchase a subscription to products or services through the Site, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking https://www.ashleyblackguru.com/pages/account. If you cancel your subscription, your account will automatically close at the end of your current billing period. ADB may change the price for your ADB subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the ADB product and service subscription Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the product or service subscription prior to the price change going into effect.

Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of ADB at the mobile number you have provided, including calls and text messages, to receive informational messages and communications relating to ADB and the Site. Message and data rates may apply. To stop receiving text messages text the word STOP in response to any text message you receive. We may confirm your opt out by text message. Please note, that by withdrawing your consent, certain ADB information may no longer be available to you or provided to you. If you believe you have received a call or text message from us that you did not subscribe to, in addition to opting out, you may contact us as described at the end of these Terms of Use.

By submitting this form, you agree to receive automated promotional and personalized marketing text messages (e.g. cart reminders) from Ashley Black at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequencies varies. Msg and data rates may apply. View Terms & Privacy

Export Policy and Restrictions

You acknowledge that the products, services, and Content which are available through or provided or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products, services, and Content are manufactured and/or received. By purchasing, downloading, or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By obtaining any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control.

You shall indemnify and hold harmless ADB from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

Links to Other Sites

ADB makes no representations whatsoever about any other website that you may access through this Site. When you access a non-ADB website, please understand that it is independent from ADB, and that ADB has no control over the Content on that website. In addition, a link to a non-ADB website does not mean that ADB endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

User Generated Content, Reviews, Feedback, and other Postings to this Site or any other ADB Digital Properties

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site or our other digital properties, including those posted here or otherwise chose to provide such information to us, for example, via email (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to ADB that you have the legal right and authorization to provide all User Generated Content to ADB for the purposes and ADB’s use as set forth herein. ADB shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner ADB desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. ADB is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

ADB does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant ADB the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. ADB and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold ADB harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by ADB arising out of any User Generated Content you post or allow to be posted to the Site.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

ADB respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to ADB’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

• 1. Identify the copyrighted works that you claim have been infringed.
• 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
• 3. Provide your mailing address, telephone number, and, if available, email address.
• 4. Include both of the following statements in the body of the Copyright Notice:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• 5. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

Attention: Chief Data Officer
3440 S. Sam Houston Parkway E.
Suite 100
Houston, TX 77047

Disclaimer of Warranties

THE SITE AND ALL OF ITS CONTENTS AND INFORMATION AND ANY SITE-RELATED SERVICES ARE PROVIDED ON AN “AS IS'' BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE SITE AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR USING THE SITE, SITE-RELATED SERVICES, THE INFORMATION ON THE SITE, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT ADB, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.

ADB DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. ADB DOES NOT WARRANT THAT FILES OR MATERIAL UPLOADED BY YOU OR ANY OTHER USE THROUGH OR TO THE SITE WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY ADB MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Assumption of Risk; Warnings

Our products (the “Ashley Black Products”), currently under the brand names, including but not limited to, FasciaBlaster®, and/or any other trade names, may be registered with the US Food and Drug Administration, including as Class 1 medical devices where applicable, and are intended for self-use by healthy individuals. For all Ashley Black Products, please consult the operations manuals, product labels, and instructions for use and do not use any Ashley Black Products except as instructed.

Always seek medical advice from your medical professional, or other trusted specialist before use of any Ashley Black Products, including but not limited to the following:

• DO NOT USE any of the Ashley Black Products if you have a history of or may have blood clots.
• DO NOT USE the Ashley Black Products directly on varicose veins and discontinue use if you develop varicose veins or other physical abnormalities during the use of the Ashley Black Products.
• DO NOT USE the Ashley Black Products if you have recently, currently, or will be taking blood thinners.
• DO NOT USE the Ashley Black Products on the carotid artery located on both sides of the neck.
• DO NOT USE the Ashley Black Products if you are unwilling to bruise, as bruising is to be expected.

You acknowledge you are responsible for the depth and pressure of use of the Ashley Black Products and of our other products or services during self-use. You hereby acknowledge that you assume any and all risk from using the Ashley Black Products. You further hereby agree and acknowledge that indications of bruising is a natural part of treating and healing fascia tissue, and that while some users may not visibly bruise, others may show excessive indications of bruising. You further hereby acknowledge and agree to discontinue use of the Ashley Black Products if any pain or bruising exists or any pain is felt in a post-treatment region.

DO NOT USE the Ashley Black Products if you have any injuries, pre-existing health concerns or diagnosed medical conditions without first consulting your trusted health care provider.

If you are pregnant, DO NOT USE the Ashley Black Products or any of our other product(s) or service(s) on the belly. Consult your trusted health care provider and decide with your provider if the Ashley Black Products are right for you during pregnancy.

Some users have reported atypical occurrences, such as dizziness, diarrhea, nausea, rash, acne, headache, flu-like symptoms, cough, congestion, increased urination, and/or fatigue. While no causation has been established, if you are concerned about any atypical effects you are experiencing, please see your healthcare provider. Please refer to your healthcare provider to the Site and the relevant instructions for your Ashley Black Products so they can understand more about our products, proper use, and potential results therefrom.

Our products and services are intended for SELF-USE ONLY. You acknowledge that, if you are a practitioner of any type and choose to use any of our product(s) or service(s) on another individual, you are subject to your state laws and other standards of practice and will practice within your professional scope and authority.

You understand that we do not identify ourselves or any of our personnel as licensed/certified as a professional in any field. You understand that our products and services are not a substitute for the consultation, diagnosis, and/or medical treatment provided by your healthcare provider or other licensed or certified professional.

Product Inspection

You assume responsibility for inspecting all Ashley Black Products thoroughly before each use and every use to ensure there is no damage. Using damaged items could lead to injury.

Limitation of Liability Regarding Use of Site

ADB SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. ADB AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS AND SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF ADB TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND SITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS OR CLAIMS THAT LIMIT THE EFFICACY OF THE LIMITATIONS ON ADB’S LIABILITY AND THE INDEMNIFICATIONS AND/OR RELEASES SET FORTH IN THESE TERMS OF USE.

Dispute Resolution; Agreement to Arbitrate

We will try to work in good faith to resolve any issue you have with the Site, including products and services ordered, purchased, or received through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and ADB agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered, purchased, or received through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ADB are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and ADB.

If you desire to assert a claim against ADB, and you therefore elect to seek arbitration, you must first send to ADB, by certified mail, a written notice of your claim (“Notice”). The Notice to ADB should be addressed to: 1622 N Main St, Pearland, TX 77581 (“Notice Address”). If ADB desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by ADB, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If ADB and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or ADB may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by ADB or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Without limiting the generality of the foregoing and for the avoidance of doubt, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. Unless ADB and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ADB’s last written settlement offer made before an arbitrator was selected (or if ADB did not make a settlement offer before an arbitrator was selected), then ADB will pay you the amount of the award or US $1,000, whichever is greater. Notwithstanding anything to the contrary in the AAA Rules, each party shall pay for its own filing, administration, and arbitrator fees and its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND ADB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ADB agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Harris County, Texas, in accordance with Texas State law, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Availability

The Site is made available at the sole discretion of ADB. ADB reserves the right to modify, withdraw, suspend, or discontinue, either temporarily or permanently, any functionality or feature of the Site or any part thereof without notice. ADB is not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.

No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. ADB, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Geographic Restrictions

The owner of this Site is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content or any products or services available through this Site are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Revisions; General

ADB’s failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. ADB reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. The provisions of these Terms of Use are severable. In the event that any provision hereof is held to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between ADB and users of the Site, provided, however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. ADB reserves the right to modify these Terms of Use in its sole discretion. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. All rights not expressly granted by these Terms of Use are reserved by ADB.

How to Contact Us:

3440 South Sam Houston Parkway East, Suite 100

Houston, TX, 77047, United States.

Email: Support@fasciablaster.com