PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, WAIVER OF CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

The policies below are applicable to the Espirose’s and its subsidiaries’ (collectively "Espirose" or "we", "us", or "our") network of websites, including the website located at www.Espirose.com (including any versions optimized for viewing on a wireless or tablet device) or mobile or handheld device application (“Mobile App(s)”) (as defined below); all e-mail newsletters published or distributed by Espirose; and all other interactive features and communications provided by Espirose, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Espirose (the "Site").

This Website and Mobile App Terms and Conditions of Use (“terms and conditions” or “Policy”) is an agreement between Espirose and the user ("you,” “your,” or “user”), and sets forth the legal terms and conditions governing your use of the Site or our Mobile Apps and purchase/or use of our goods and services.

Your use of the Site, or installation of the Mobile Apps, and use of information, data, text, software, images, sounds or other materials contained therein confirms your unconditional acceptance and assent to be bound by this Policy and is subject to your continued compliance with the terms and conditions of this Policy.

Furthermore, you agree to indemnify, compensate, and hold harmless, Espirose from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site or Mobile Apps in violation of this Policy. 

YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

1. Definitions

“Site” means any and all Espirose developed websites.

“Mobile App(s)” means the software provided by Espirose to offer services related to the sales and marketing of Espirose products and services, or Espirose’s partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the mobile or handheld device application. “Mobile Apps” does not include software provided by third-parties to users, Customers, Associates, or Brand Partners for their business or personal use related to the services provided by Espirose (e.g. professional networking, contact management, or business development apps created by third-parties). 

2. Applicable Laws

The laws of the United States and California govern this Policy, and any claim relating to, and the use of, the Site, or Mobile Apps, without giving effect to any principles of conflicts of laws. Espirose makes no representation that materials on the Site or Mobile Apps are appropriate or available for use outside of the United States. Any claim or cause of action with respect to the Site or Mobile Apps must be commenced within one year after the claim arises.

3. Severability, Enforcement

If any provision of this Policy, or our Privacy and Cookie Policy (collectively referred to as “Policies”), is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of our Policies, (ii) such provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability described herein are considered by the parties to be integral to this Policy and shall not be modified or severed.

4. Lawful Purposes Only

The Site and Mobile Apps may only be used for lawful purposes and may not be used in any way to harm another person. You may not use the Site, or Mobile App in violation of this Policy, the Espirose Independent Associate Policies and Procedures or the terms and conditions of the Espirose Independent Associate Application and Agreement. You may not falsely advertise, make inappropriate claims, provide obscenity, or create spam using the Site or Mobile App in any way. Spam includes, but is not necessarily limited to 1) sending unsolicited e-mail messages, direct messages or text messages that contain any email or web addresses from your account to online users, 2) posting messages that contain the Site or Mobile App address in forums, news groups, message boards, or other online communities that are unrelated to our products and services, 3) creating false “from sources” in an e-mail message, direct message, text message, or in any other online posting with your services address, thereby giving the impression that the message originated from someone other than you, such as Espirose or its network of Independent Associates, and 4) sending unsolicited email messages, direct messages, or text messages to people with whom you have no prior business or personal relationship. You may not gain any illegal or unauthorized access to information or other computers or networks from the Site or Mobile App. You may not assist or permit any person to engage in any named violations.

Those who choose to access the Site or Mobile Apps do so on their own initiative and are responsible for compliance with applicable local laws, including any and all laws regarding the transmission of technical data exported from or to the U.S. or the territory in which they reside.

5. Website Content

All Site or Mobile App content, including without limitation, all text, graphics, images, or code are the property of Espirose or are controlled or licensed to Espirose, and protected under applicable copyright, or trademark laws. You may not, without our prior written permission, use marks, images, copies, illustrations, designs, photographs, video clips, or frame or mirror any material contained on the Site or Mobile App on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.

By sharing, submitting or uploading any of your data (including without limitation photographs, images, likeness, video, music, art, or comments) to our Site, our Mobile Apps, or our social media channels, you grant Espirose a worldwide, non-exclusive, royalty-free, sub-licensable and transferrable license to use, reproduce, prepare derivative works of, and display your data in any legal manner. 

6. License to Use Mobile Apps

Espirose hereby grants you a worldwide, non-exclusive, non-sublicensable, non-transferable, royalty-free, revocable license to use the Mobile Apps for your business and personal use in accordance with these Terms and Conditions. Any copying, republication, or redistribution of the content, programs, tools, or applications provided by the Mobile Apps, including by caching, framing, or any similar means, without the prior written consent of Espirose is strictly prohibited. Your use of the Mobile Apps does not grant you any rights, either intentionally or by implication, to any of the content, programs, tools, or applications provided by the Mobile Apps; or the names, images, pictures, logos, and icons identifying Espirose and its third party vendors; or its third party vendors' products and services contained on the Mobile Apps.

7. Conditions of Use of Mobile Apps

You will not, nor will you allow third parties on your behalf to, create any derivative work of any program, tool, or application, or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the programs, tools, or applications in the Mobile Apps.

The Mobile Apps are currently made available to you free of charge for your personal, noncommercial use. Espirose reserves the right to amend or withdraw the Mobile Apps, or charge for the application or service provided to you in accordance with this Policy, at any time and for any reason.

You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Apps. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Apps, you will be assumed to have received permission from the bill payer for using the Mobile Apps. You are entirely responsible for any use of the Mobile Apps under your user ID and password. You must immediately notify Espirose of any unauthorized use of your user ID or any breach of security that becomes known to you.

8. Availability

Espirose will use reasonable efforts to make the Site and Mobile Apps available at all times. However, you acknowledge the Mobile Apps are provided over the internet and mobile networks and so the quality and availability of the Mobile Apps may be affected by factors outside our control, therefore we are not liable whatsoever for unavailability of the Site or the Mobile App, or any difficulty or inability to download or access content or any other communication system failure which may result in the Site or Mobile App being unavailable.

Eligibility

You represent and warrant that you are the age of majority in your jurisdiction or older, or if you are under the age of majority, you are at least the age of thirteen (13) and are accessing the Site, or Mobile App with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Policy. Certain features on the Site, or Mobile App (including, but not limited to, user registration) and certain offerings may be subject to heightened age and/or other eligibility requirements.

10. Privacy Policy 

Your use of the Site, or Mobile Apps is also subject to the terms of our Privacy and Cookie Policy. Please click on the link to view our Privacy and Cookie Policy: https://www.Espirose.com/en-us/privacy-policy. By continuing to use our Site and Mobile Apps, you acknowledge that you have read and understand the Privacy and Cookie Policy, and consent to the use of Personal Information you provide in accordance with the terms of, and purposes set forth in our Privacy and Cookie Policy.

11. Promotions

The Site or Mobile App may contain information and advertisements about sweepstakes, contests, or other promotions that require you to provide material or information about yourself. These sweepstakes, contests, or promotions on the Site or Mobile Apps are governed by separate rules that have certain eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. You are solely responsible to determine whether you are eligible and whether you choose to participate. By entering any such sweepstakes, contest or other promotion, you agree to abide by the rules and decisions of the sponsor(s) identified therein, which shall be final and binding in all respects. Our sweepstakes, contests, and promotions are void where prohibited.

12. Links to Third-Party Sites

If links to third-party websites are provided on the Site, or Mobile Apps, they are solely as a convenience to you. You will leave the Site or Mobile Apps if you use those links. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. Espirose does not review, or control, third-party sites and is not responsible for any such sites, their content, or their collection or use of your Personal Information. Espirose does not endorse or make any representations about any information or materials found there, or any results that may be obtained from using them. If you access any third-party sites linked to the Site, or Mobile App, you do so at your own risk.

13. Termination

We reserve the right to determine your compliance with this Policy in our sole discretion and our decision shall be final and binding. Any violation of this Policy, the Associate Policies and Procedures, the Espirose Independent Associate Application and Agreement, or any other Espirose published policy may result in restrictions on your access to all or part of the Site or Mobile Apps, and the termination of your Associate status and agreement and may be referred to law enforcement authorities, if appropriate. Upon termination, you must promptly destroy any material downloaded or otherwise obtained from your Associate Site or Mobile App.

14. Your Account

You may be required to create an account, register or provide personal information before you access certain content or areas of the Site. The Site practices are discussed in Espirose’s Privacy Policy. You voluntarily decide whether to provide any information. If you elect not to provide such requested information, you may not be able to access certain content or areas of the Site. You agree to provide, maintain, and update the Site with true, accurate, current, and complete information about yourself or your organization as prompted on the Site. We may suspend or terminate your account or otherwise restrict or decline to permit you continued access to the Site if you provide any information that is inaccurate, incomplete, not true, not current, or if we have reasonable grounds to suspect that information you provide is inaccurate, incomplete, not true, or not current. You agree that your password may be used to attribute an electronic record and electronic signature to you. You are entirely responsible for the security and confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to logon to the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Espirose is not liable for any activities that occur under your account, including without limitation, fraudulent purchases made using your account number or password.

Associates and Brand Partners who receive access to personal information through the Site must do so in accordance with the law and the guidelines for handling Personal Information set forth elsewhere, including without limitation our Privacy and Cookie Policy. 

In addition, it is an Associate’s and Brand Partner’s sole responsibility to maintain their own books and records of all transactions and communications with their organizations and customers, and to maintain protection against destruction of or tampering with personal information within their possession or control. Espirose does not guarantee to maintain, or provide back-up or recovery of, any data to you. You understand that you have independent responsibilities for complying with national, federal, state and local laws and regulations relating to the collection, protection, use, and disclosure of personal information collected by you, whether through the Sites or otherwise. 

You will cooperate with Espirose and act in a proactive manner whenever this is required to allow us to comply with our obligations under data protection laws, including to respond within a reasonable time to data protection related enquiries from your organization and/or competent regulator.

15. Terms of Sale

These terms apply to you and your purchase of any products through the Site or Mobile App(s). These terms are subject to change without prior written notice at any time in our sole discretion. By placing an order for products through the Site or Mobile App, you agree to be bound by and accept the terms and conditions in effect at the time of such order.

16. Acceptance of Order

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly process your order.

17. Purchases and Product Pricing

All billing and other information submitted to the Site must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use, and, if you are an Associate or Brand Partner, may also be a breach of the related Agreement(s). By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction.

If a product is listed at an incorrect price or with incorrect information, Espirose may refuse or cancel any orders placed for the product. Espirose has the right to refuse or cancel any such orders whether or not the order has been confirmed and the user’s credit card charged. Espirose may refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is canceled, Espirose will promptly issue a credit to your credit card account in the amount of the charge.

Espirose strives for accuracy in all product information and descriptions. However, Espirose does not warrant that any product description or other content on the Site is accurate, complete, reliable, current, or error free. If you find a product is not as described your sole remedy is to return it pursuant to Espirose’s return policy.

Espirose reserves the right, with or without prior notice, at any time (i) to impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion, (ii) change a product description or price, (iii) limit the availability of any product or service, (iv) refuse to provide any User or customer with any services.

18. Availability

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 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 payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

19. Payment Terms

You agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. You must provide us with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use any other payment or financial mechanism specified by us (“Payment Provider”) as a condition to making any payments. Your Payment Provider agreement (e.g., cardholder agreement, or terms of use) governs your use of the payment mechanism, and you must refer to that agreement (not this Agreement) to determine your rights and liabilities with respect to the Payment Provider. By providing us with your payment information, you agree that we and any of our third-party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify us of any change in your payment and financial information. We reserve the right at any time to change prices and billing methods. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make.

20. Shipping Terms and Policies

All shipping charges are your responsibility, unless waived by Espirose. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from Espirose to you upon delivery.

Espirose uses third-parties to ship orders. Espirose does not guarantee delivery of any orders on a certain delivery date or time frame. Any shipping or tracking information is provided for convenience only. Espirose is not responsible for lost, misplaced, damaged, or delayed shipments. 

21. Back Orders

If for some reason a product in a multi-item order is temporarily out of stock, we may back order that item for you and ship the other merchandise without delay. The price of the item(s) on back order, along with applicable taxes and shipping, will be charged at the time the order is placed.

22. Return Policies

When you shop with us, we want you to be completely satisfied. For a full and detailed explanation of our return and refund policy please see our Return Policy in our website. Customers without access to Return Policy, please call us at 1.833.325.8111 for assistance.

23. User Content

Other than personally identifiable information, which is subject to the Site's Privacy and Cookie Policy, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communications, photos, videos, or other content you transmit or post to the Site in any manner or publish through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to Espirose or that you allow Espirose to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images ("User Content") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of the Site or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to the Site's Privacy and Cookie Policy and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily publicly disclose in connection with any User Content you submit. We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, copy, modify, adapt, translate, create derivative works from, sell, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Policies are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

24. Recipes 

As part of the Site, Espirose may offer recipes and information dealing in the preparation of food and beverages and Espirose allows recipe submissions by various sources, including users of the Site. Espirose in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Site and prepared are done so "at your own risk". Espirose is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on the Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the Site.

25. Liability Disclaimer

By using the Site or Mobile Apps, you agree that Espirose is not liable for any damages of any kind related to your use of the Site, or Mobile Apps, whether in contract or tort, and whether direct, indirect, punitive, consequential, or special, including (without limitation) damages for loss of anticipated revenue, business expectancy, or other economic loss in connection with, or arising from, your use of the site or a breach of this Policy. All content is provided on an “as is” basis and your use of any Site or Mobile App is at your own risk. We expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this Site or Mobile App or the content or services provided on, or accessible from, the Site or Mobile App.

26. Access and Interference 

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

27. Indemnity 

You agree to indemnify and hold Espirose and our parents, affiliates (and their licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Policies, or your violation of any rights of another party. This indemnity survives termination of these Policies.

28. Health Related Information 

The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with Espirose) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and the products are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. If you are under the age of 18, pregnant, lactating, are allergic, or have any other medical condition, please consult a physician before use. Discontinue use if any allergic reaction occurs. Diabetics: Use only under direct medical supervision. KEEP PRODUCTS OUT OF THE REACH OF CHILDREN.

29. Domestic Use; Export Restriction 

We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.

30. Right to Takedown Content 

Espirose shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Policies access to the Site or any part thereof.

31. General 

Our failure to exercise or enforce any right or provision of these Policies shall not constitute a waiver of such right or provision by us. If any provision of these Policies is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or our Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

32.Arbitration 

PLEASE READ THIS ARBITRATION SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND ESPIROSE HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Espirose agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. We will make reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site, you agree that any complaint, dispute, or disagreement you may have against Espirose, and any claim that Espirose may have against you, arising out of, relating to, or connected in any way with these Policies, our Privacy and Cookie Policy, or any Espirose transactions shall be resolved exclusively by final and confidential binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has minimum standards of procedural fairness for consumer arbitrations in effect which would be applicable to the matter in dispute, Espirose agrees to provide the benefit of such minimum standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such minimum standards contravene or restrict the application of subpart (e) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that: 

• (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Espirose (the "Arbitrator");
• (b) Arbitrator Will Interpret This Policy. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Policies and/or these arbitration provisions in this section hereof, including but not limited to any claim that all or any part of these Policies is void or voidable;
• (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location in Maricopa County, Arizona; or (ii) at such other location as may be mutually agreed upon by you and Espirose; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
• (d) Governing Law. The Arbitrator (i) shall apply the laws of the State of Arizona consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Arizona or federal rules of procedure, as applicable and issue written rulings deciding such motions; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
• (e) No Class Relief. The Arbitration can resolve only your and/or Espirose's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
• (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
• (g) Arbitration Costs and Fees. At the commencement of an arbitration, each party shall pay ½ of the arbitration fees; the prevailing party shall be awarded its reasonable costs and expenses, including reasonable and actual attorneys’ fees, expert witness fees, and arbitration fees; and
• (h) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Espirose shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

33. Revisions and Modifications

Espirose may revise this Terms of Use Policy at any time. By using the Site or Mobile Apps you agree to be bound by any such revisions. Accordingly, you should periodically review this Policy to determine the current Policy to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on the Site or Mobile Apps.