Terms & Conditions

Welcome to Applied Ergonomics! By accessing or using the website located at www.appliedergonomics.com (the “Site”) provided by JKM Designs, Inc. (d/b/a Applied Ergonomics) in the USA, and/or any current or future affiliates and subsidiaries (collectively, “Applied Ergonomics”), or by making a purchase through Applied Ergonomics’ Sales Team, you agree to be bound by the terms and conditions contained in these Terms of Use (“Terms”) and all other terms incorporated by reference. By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms and Conditions. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site.

Website Terms and Conditions

Please read these Terms carefully because they govern the conditions of your client relationship with Applied Ergonomics and your use of our Site, which includes our online store for Applied Ergonomics and any and all of our vendors’ furniture, accessories and other products (“Products”) (collectively, with the Site, the “Services”), any purchase agreements with our Sales team, the work and lifestyle related content accessible on or via our Site, and all physical furniture products. The Terms contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you or your company.

1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy. Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you and your use of our Services.

3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll post the updated Terms on the Site and indicate at the top of this page the date these Terms were last revised. Any changes to the Terms will be in effect as of the “Effective Date” referenced on the Site. We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use. Your continued use of the Services, including physical products purchased from Applied Ergonomics, after the “Last Updated Date,” constitutes your acceptance of the updated Terms.

If you don’t agree to be bound by these or the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” do not use or access (or continue to use or access) the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Service?

Eligibility. You may use the Services only if you are the older of (i) 18 years of age or (ii) the legal age to form a binding contract with Applied Ergonomics. If you are under 18, you may use AppliedErgonomics.com only with the permission of a parent or guardian. Applied Ergonomics does not knowingly collect, online or offline, personal information from persons under thirteen. Both private individuals (“Consumers”) and traditional businesses and other organizations (“Clients”) are eligible to use the Services.

Eligibility. Registration and Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as create a Project Board, save a Wish List, find your order history or reorder based on previous orders, register for certain giveaways or promotions that we may offer from time to time, post a product review, or to receive a referral benefit. You can do this via the Site or through your account with certain third-party social networking services.

Product or Service Reviews, Social Media, and other User-Generated Content

From time to time, the Site permits the submission of content, such as comments, photographs, text, graphics, moving images, sound, illustrations, blogs and product reviews, or any content or information that you publish through social media and permit us to feature by your use of the Applied Ergonomics Social Tags (as defined herein) or general written consent, whether generated by you and other users (in each case, "User Content"). User Content is governed by these Terms.

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. You acknowledge that you will not be paid for Applied Ergonomics’ use of your User Content.

By submitting User Content directly or by using the Applied Ergonomics’ Social Tags (as defined herein), you represent and warrant that: (i) you have used and are personally familiar with the product that is the subject of your User Content, (ii) your User Content is accurate, honest, and reflects your opinion, (iii) your User Content contains clear and conspicuous disclosures if your User Generated Content is submitted as a result of a sweepstakes entry or gift from Applied Ergonomics, (iii) does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iv) you own or have the legal right to use and authorize Applied Ergonomics to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (v) your User Content does not violate Applied Ergonomics’ Acceptable Use Policy; (vi) and that you will indemnify Applied Ergonomics for all claims resulting from User Content that you supply.

As between you and Applied Ergonomics, you will retain all your ownership rights in and to your User Content. By submitting User Content to Applied Ergonomics, you hereby grant to Applied Ergonomics a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, adapt, translate, reformat, publish, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Applied Ergonomics (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant: (i) to Applied Ergonomics the right to use the name and social media user profile associated with your User Content, and (ii) to each user of the Site a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms and Conditions. We may display your User Content or create and display derivative works, including but not limited to advertisements, from your User Content on pages or mediums where your User Content may be viewed by you or others, and we may use your User Content or the created derivative works to advertise, market and promote Applied Ergonomics or the Site.

Applied Ergonomics does not endorse any User Content, or any opinion, recommendation, or advice expressed therein. Applied Ergonomics reserves the right but is not obligated to monitor User Content or other content sent to or through the Site. Applied Ergonomics has the right to refuse, remove, edit, or delete any User Content and/or to terminate any user’s access to the Site for any reason. Applied Ergonomics takes no responsibility and assumes no liability for User Content. To the extent that User requires that User Content must be taken down due to third party copyright claims, please review our Copyright Policy.

Social Media Tag Usage

When you tag us, we may want to share the User Content that you post. BY USING #APPLIED ERGONOMICS, AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES (THE “APPLIED ERGONOMICS SOCIAL TAGS”), EACH USER AGREES TO PROVIDE APPLIED ERGONOMICS WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S), TEXT, GRAPHICS, MOVING IMAGES, SOUND, AND ILLUSTRATIONS, OR ANY OTHER MATERIALS IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

Acceptable Use Policy

By submitting User Content and otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own, or have permission from the rightful owner of such rights to post such User Content and to grant Applied Ergonomics all of the rights granted herein; (ii) submit any User Content containing minors’ likenesses that does not comport with relevant laws, rules, and regulations (iii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iv) use the Sites to harm any person or entity, including Applied Ergonomics; (v) impersonate any person or entity, including but not limited to, a representative of applied Ergonomics, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (viii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (ix) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (x) collect, store or use personal information about other users of the Sites without their consent; (xi) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xii) use any of the Site in any manner that could overburden or impair the Site or the networks or systems connected to the Site; and/or (xiii) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You also agree that you will not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Applied Ergonomics reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

You further agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against Applied Ergonomics or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from Applied Ergonomics. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, Applied Ergonomics reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use AppliedErgonomics.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Applied Ergonomics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Applied Ergonomics or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Applied Ergonomics content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal or business use and will make no other use of the content without the express written permission of Applied Ergonomics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Applied Ergonomics or our licensors except as expressly authorized by these Terms.

Purchase of Products

You may purchase Products in our online store accessible on the Site or offline via an Applied Ergonomics sales representative. We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. Applied Ergonomics may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Payments. When you purchase a Product and make a payment via the Site, or other means of purchase (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor, if applicable) to charge you for such Transaction.

Items paid for on the invoice are what will be shipped. In the case of Enterprise Orders, any edits to the Enterprise Order after items have left the warehouse may be subject to additional charges.

We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that (i) you are duly authorized and have the legal right to use all payment method(s) represented by any such Payment Information, (ii) the Payment Information is true, correct and complete, and (iii) you have sufficient funds or credit available upon your initiation of a Transaction to ensure that the purchase price will be collectible by us. When you initiate a Transaction, you authorize us to provide your Payment Information to our third-party payment processor or bank so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

By purchasing, accepting, or using a gift card (“Gift Card”) to pay for Products or Services, you agree to be bound by the terms and conditions associated with your Gift Card.

Enterprise Sales

Applied Ergonomics is the trade name of JKM Designs, Inc. and all purchasing agreements are valid with either name per client requirements. A signature on either a proposal worksheet or a quote form, or a purchase order referencing same, constitutes an order, or legally binding contract to purchase those items and services, regardless of whether it is accompanied by a deposit check.

Applied Ergonomics provides space planning, product specification and limited interior design services in the course of conducting our business. The client will be provided a chance to review drawings when appropriate and to sign off on them as well, and these become part of the purchase order contract.

Applied Ergonomics expressly warrants its labor for one year from the date of the original installation. Installations are warranted to meet manufacturers’ guidelines and to be within reasonable industry standards, taking the building conditions into account. Except as otherwise expressly agreed to by the parties in writing, no other warranties of any kind are given by Applied Ergonomics pursuant to this Contract.

Installations are quoted based on the space being free of construction debris and other trades including their tools or materials, excepting those trades with whom we work in tandem or are in areas of the site that do not impede our progress. They are further based on unimpeded access to docks, freight elevators, etc. Any delays or return trips due to the space not being ready or other trades’ interference may necessitate additional charges at Applied Ergonomics’ discretion. Our policy is to absorb changes on jobs whenever possible, minimizing extras.

Product Lead Times

Applied Ergonomics and appliedergonomics.com (the Site) offer products that are in stock and ready to ship as well as products that are made to order by our partner suppliers. The website maintains average estimated production lead-time information for individual products. These lead-times are subject to change based on a variety of factors outside the control of Applied Ergonomics, including the factory’s production order flow and material deliveries. Applied Ergonomics receives order acknowledgements with expected ship dates for each made-to-order vendor and notifies our customers via email.

About Our Prices

Prices for the Products will be displayed in US dollars. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to taxes, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may also change prices for Products at any time without notice.

Where a product listing on our Sites references a higher price, typically denoted by a strikethrough (e.g., "$549"), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion. The "Sale" tag on a product listing on our Sites signifies that we are selling the product at a discount from a price in the previous 90 days.

When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price to clear an overstock of either Applied Ergonomics’ or supplier inventory. Prices of products listed on our Sites as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.

Promotions. We may offer promotions from time to time on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the terms specific to the promotion will govern.

Credit. You may receive credit (“Credit”) from Applied Ergonomics, for example, if you return a Product and elect to receive credit rather than a refund, or through our referral program. Credit can be redeemed on the Site or applied to an order placed through an Applied Ergonomics sales representative. Purchase amounts exceeding the Credit's value will require an extra payment method to cover the purchase price balance. Credit does not expire.

Sales Taxes

Applied Ergonomics will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within applicable states in which we have nexus (collect and remit sales tax). FOR ORDERS SHIPPED TO OTHER STATES, YOU ARE SOLELY RESPONSIBLE FOR ALL USE TAXES OR OTHER TAXES. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Applied Ergonomics and you will be paid by you in addition to the prices quoted or invoiced. In-state orders within Illinois are taxed at the local rate for our physical location.

Tax Exempt Purchases

The best ways to place a tax-exempt order are to request a quote from the Checkout page or to email us at orders@appliedergonomics.com. We can complete the order offline, or we can remove the sales tax from your cart. To do this, you will need to grant permission for the customer service agent to access your cart for shopping assistance. To provide your proof of tax-exempt status, we will need the tax-exempt certificate from the state we are shipping to. Please keep in mind when sending us your proof of exemption that the purchaser’s name on the order must match the state tax-exempt certificate exactly.

Documentation for federal entities is not required.

Shipping, White Glove Delivery and Installation

Consumer Order Shipping: Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Applicable shipping rates will be displayed during the checkout process, and you will pay all displayed shipping and handling charges. We offer standard and expedited shipping, White Glove inside delivery by the delivery carrier, and assembly by a subcontracted qualified and insured local technician within 100 miles of most cities. Shipping restrictions may apply. Title and risk of loss pass to you upon our transfer of the Products to one of our third-party shipping partners for shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Enterprise Order Shipping and Installation: Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Applicable shipping rates will be displayed during the checkout process, and you will pay all displayed shipping and handling charges. Many organizations are in buildings with restrictions on deliveries. We encourage our enterprise customers to engage with our Customer Service department offline or through chat to arrange the best delivery and/or installation logistics. We offer blended services as needed by the client, including but not limited to offsite local receiving and storage of products for redelivery at the client’s convenience and in accordance with building regulations, onsite installation and trash removal by either non-Union or Union labor of furniture, modular and operable walls, acoustic materials, flooring and tile, electrical and low voltage services related to furniture, air purification systems, biophilic installations, art, graphics and other services as needed. These services are all warrantied for one year by Applied Ergonomics. Title and risk of loss pass to you upon our transfer of the Products to one of our third-party shipping partners for direct shipments. Third party installation companies subcontracted by Applied Ergonomics are responsible for inspecting for freight damage, and to deliver and install without creating damage to the product or to the client’s property. All subcontracted installation companies can but are not obligated to produce a Certificate of Insurance (COI) indemnifying the customer and the building’s owners. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Damages: Damages do occur during shipments, and the customer is obligated to provide a photograph of the visible damage to the package and product and, if possible, to sign for the package as damaged. Hidden damage also occurs, meaning that the box appears intact, and product photographs are needed for freight claims. Applied Ergonomics customer service will assist with freight claims against the carrier and may, at Applied Ergonomics’ discretion, replace the product at no charge if the carrier does not or delays.

Cleaning and Product Maintenance

Applied Ergonomics provides cleaning instructions both on Appliedergonomics.com (the Site) and in our project completion document. IT IS CRITICALLY IMPORTANT TO USE APPROVED CLEANING PRODUCTS AND FOLLOW THE CLEANING AND MAINTENANCE INSTRUCTIONS FOR SPECIFIC MATERIALS, ESPECIALLY BUT NOT LIMITED TO FABRICS, RATHER THAN THE GENERIC INSTRUCTIONS PROVIDED BY THE CLEANING PRODUCT ITSELF. ESPECIALLY IN HEALTHCARE ENVIRONMENTS, BUT OTHERS AS WELL, WHERE STRONG DISINFECTANTS ARE USED DAILY OR FREQUENTLY, EVEN APPROVED CLEANING SOLUTIONS OFTEN NEED TO BE FOLLOWED BY WATER TO REDUCE THE DEGRADATION OF THE COATINGS ON THE FABRIC AND OTHER SURFACES.

Flooring must be cleaned and maintained on a regular schedule to ensure its durability.

Those other products that need ongoing maintenance should be serviced as required to ensure their product life cycle and safety. Bolts and other fasteners should be checked for tightness.

Product Suitability for Applications

Applied Ergonomics sales team and Appliedergonomics.com (the Site) endeavors to give the best product recommendations for given uses and client needs. Applied Ergonomics does not guarantee the accuracy or suitability of the advice and recommendations and neither Applied Ergonomics nor its employees are liable for damages from such recommendations.

Applied Ergonomics sales team and Appliedergonomics.com (the Site) strives to provide fabric durability, light fading, and other test results, as well as fabric content, treatments, etc. to help customers, clients and designers make informed fabric selections. Applied Ergonomics does not guarantee the accuracy of the information and neither Applied Ergonomics nor its employees are liable for damages from such.

The vast majority of products sold by Applied Ergonomics enterprise sales team and Appliedergonomics.com (the Site) are certified for commercial durability, sustainability, and safety to internationally recognized testing protocols. Certifications include BIFMA, FSC (Forest Stewardship Council), LEED, Cradle to Cradle, OEKO-TEX, ISO, UL, CE, and RoHS.

APPLIED ERGONOMICS EXPRESSLY DISCLAIMS ANY AND ALL SUCH OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

Returns

Made-to-order products are not cancellable once in production or returnable to our suppliers and it is at Applied Ergonomics' discretion to accept them as returns. You may return other Products that you purchase via the Site in accordance with Applied Ergonomics’ return policy available on the Site (please visit https://www.appliedergonomics.com/pages/returns-and-warranty for more information).

Third Party Websites

The Site may contain links to Third-Party websites, services or other resources on the Internet that are not owned or controlled by Applied Ergonomics (“Third Party Websites”). We link primarily to our trusted Vendor partners and freight carriers. Certain services made available via AppliedErgonomics.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the AppliedErgonomics.com domain, you hereby acknowledge and consent that Applied Ergonomics may share such information and data with any third party with whom Applied Ergonomics has a contractual relationship to provide the requested product, service, or functionality on behalf of AppliedErgonomics.com users and customers.  The content of such Third-Party Websites is developed and provided by others. You should contact the site administrators for those Third-Party Websites if you have any concerns regarding such links or any content located on Third-Party Websites. If you decide to access Third-Party Websites, you do so at your own risk. Applied Ergonomics has no control over, does not make any representations regarding, and assumes no responsibility for, the content, accuracy, privacy policies, materials, or practices of or opinions expressed in any Third-Party Websites. In addition, Applied Ergonomics will not and cannot monitor, verify, censor, or edit the content of any Third-Party Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Websites.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us before ordering if you have questions about the safety of these products. Pursuant to California Civil Code Section 1789.3, Applied Ergonomics provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Offer Codes; Spokespeople; Referral Program.

Offer Codes from Applied Ergonomics. From time to time, Applied Ergonomics may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”). Please review the Offer Codes for eligibility and other terms and conditions, which may include expiration dates, product exclusions or other restrictions. Only valid Offer Codes provided by Applied Ergonomics will be honored by Applied Ergonomics. Each Offer Code offered by Applied Ergonomics (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used for taxes or shipping charges. Applied Ergonomics is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. Offer Codes cannot be used with the Applied Ergonomics referral program.

Offer Codes from Spokespeople. From time to time, Applied Ergonomics may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Applied Ergonomics for his or her statements.

General Prohibitions and Applied Ergonomics’ Enforcement Rights

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Post, upload, publish, distribute, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Use, display, mirror or frame the Services or any individual element within the Services, Applied Ergonomics’ name, any Applied Ergonomics’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Applied Ergonomics’ express written consent;

Access, tamper with, or use non-public areas of the Services, Applied Ergonomics’ computer systems, or the technical delivery systems of Applied Ergonomics’ providers;

Attempt to probe, scan, or test the vulnerability of any Applied Ergonomics’ system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Applied Ergonomics or any of Applied Ergonomics’ providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Applied Ergonomics or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing an Applied Ergonomics’ trademark, logo URL or product name without Applied Ergonomics’ express written consent;

Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;

Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and to comply with Applied Ergonomics’ standards. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy. Applied Ergonomics respects copyright law and expects its users to do the same. It is Applied Ergonomics policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination. We may restrict, suspend, or terminate your access to and use of the Services, at our sole discretion, at any time and for any reason or no reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms), and with or without notice to you. You may cancel your Account at any time by sending an email to us at customerservice@appliedergonomics.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following sections of these Terms will survive: 8(a) Content Definitions, 8(b) Our Content Ownership, 8(c) Rights in User Content Granted By You, 12 Warranty Disclaimers, 14 Limitation of Liability, 15 Governing Law and Venue Choice, 16 Dispute Resolution, and 18 General Terms.

Indemnity. To the fullest extent permitted by applicable law, you will indemnify and hold harmless Applied Ergonomics and its officers, directors, members, managers, owners, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use or misuse of the Services or Content, (ii) your User Content or Feedback, including, without limitation, infringement of any intellectual property or privacy right, (iii) your violation of these Terms, or (iv) the use by any other person or entity accessing the Site, using the Services, or providing User Content using your account.

Limitation of Liability. NEITHER APPLIED ERGONOMICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER (A) BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, (B) APPLIED ERGONOMICS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR (C) THE DAMAGES WERE FORESEEABLE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL APPLED ERGONOMICS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO APPLIED ERGONOMCS FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT INCURRED ANY PAYMENT OBLIGATIONS TO APPLIED ERGONOMICS.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF APPLIED ERGONOMICS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.

Electronic Communications

Visiting AppliedErgonomics.com or sending emails to Applied Ergonomics constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

International Users

The Service is controlled, operated and administered by Applied Ergonomics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Applied Ergonomics Content accessed through AppliedErgonomics.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.  Credit cards are only accepted from US based banks.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. THESE PROVISIONS REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

Mandatory Arbitration of Disputes. Except for Excluded Disputes, as defined in Section 16(b), you and we will resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) exclusively and finally by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Applied Ergonomics waive your and our respective rights to have Disputes resolved in court, and you and Applied Ergonomics waive your and our respective rights to a trial by jury.

Prior to filing an arbitration, each party will notify the other party in writing of any Disputes (other than an Excluded Dispute in which a party is seeking an injunction or other equitable relief for intellectual property infringement) not less than thirty (30) days from the date they arise, so you and we can attempt in good faith to resolve the Dispute informally. Notice to Applied Ergonomics shall be sent by certified mail addressed to President, Applied Ergonomics, 3401 Madison St, Skokie IL 60076.

If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by either of us, then either you or we may, as appropriate and in accordance with the Agreement, commence binding arbitration or, for Excluded Disputes, submit a claim in court.

Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) you and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights (“Excluded Disputes”). In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so. Notice to Applied Ergonomics shall be sent by certified mail addressed to President, Applied Ergonomics, 3401 Madison St, Skokie IL 60076.

Conducting Arbitration and Arbitration Rules. Arbitration cases will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous.

Class Action Waiver. Disputes arising out of or related to the Terms are personal to you and us. YOU AND APPLIED ERGONOMICS MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Authority of Arbitrator. These Terms affect interstate commerce, and the enforceability of this Section 16(f) will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable by law. Except as may be limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have the exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding the AAA Rules, any decisions concerning arbitrability of a particular Dispute, including but not limited to whether a class arbitration is permitted by the Agreement, shall be resolved by a court having jurisdiction in Cook County, Illinois (rather than by an arbitrator). Any Dispute concerning the enforceability of this Section 16(f), or any part thereof, shall also be resolved by a court having jurisdiction in Cook County, Illinois (rather than by an arbitrator).

Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Applied Ergonomics changes any of the terms of this Section “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@appliedergonomics.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Applied Ergonomics’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Applied Ergonomics in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid, illegal, void, or unenforceable, then that part of these Terms will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining Terms. To the extent any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Confidentiality. The arbitrator, Applied Ergonomics, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

General Terms

Entire Agreement. Except as expressly agreed by Applied Ergonomics and you, these Terms, including any terms and conditions incorporated by reference herein, constitute the entire agreement between us with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements, whether oral or written between Applied Ergonomics and you with respect to the subject matter. You may not assign or transfer these Terms, by operation of law or otherwise, without Applied Ergonomics’ prior written consent, which may be granted or withheld in Applied Ergonomics’ sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Applied Ergonomics may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assign.

Notices. Any notices or other communications provided by Applied Ergonomics under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. Applied Ergonomics failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Applied Ergonomics, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Compliance with Laws. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national, and international laws and regulations. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

Release. To the fullest extent permitted by applicable law, you release Applied Ergonomics from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Force Majeure. Applied Ergonomics will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic or other public health concern, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Offline and installed project terms and conditions

Applied Ergonomics is the trade name of JKM Designs, Inc. and all purchasing agreements are valid with either name per client requirements. A signature on either a proposal worksheet or a quote form, or a purchase order referencing same, constitutes an order, or legally binding contract to purchase those items and services, regardless of whether it is accompanied by a deposit. The client will be provided with a chance to review drawings when appropriate and to sign off on them as well, and this becomes part of the purchase order contract.

We require a 50% deposit with all orders and the balance is due at the start of installation or net 20 with approved credit. Please note that there may be multiple delivery dates on a project depending on the client’s and our vendors’ timing.

The vast majority of what we sell is made to order and shipped from the manufacturing facilities. Therefore, occasional delays do happen, and Applied Ergonomics is not liable for these delays without prior written agreement. Additionally, all sales are to be considered final sales or are subject to restocking fees that could be considered onerous, without prior written agreement. Any item returned must be in saleable condition and in the original packaging. Of course, any item to be returned based on a mistake by Applied Ergonomics or its supplier(s) is not subject to the above. Stock items may be returned subject to a 25% restocking fee if they are in resaleable condition and the original packaging.

Our products are covered by the manufacturers’ warranties. Some manufacturers’ warranties cover both parts and labor within a given time period and usage limitations. Generally, labor is not covered under these warranties and Applied Ergonomics will cover these charges at its discretion. Any labor to be billed will be discussed with the client beforehand.

Applied Ergonomics expressly warrants its labor for one year from the date of the original installation. Installations are warranted to meet manufacturers’ guidelines and to be within reasonable industry standards, taking the building conditions into account. Except as otherwise expressly agreed to by the parties in writing, no other warranties of any kind are given by Applied Ergonomics pursuant to this Contract. Applied ergonomics expressly denies all such other warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability or fitness for any particular purpose, non-infringement and accuracy, and any warranties arising out of course of performance, course of dealing or usage of trade.

Labor rates are quoted based on the space being free of construction debris and other trades including their tools or materials, excepting those trades with whom we work in tandem or are in areas of the site that do not impede our progress. They are further based on unimpeded access to docks, freight elevators, etc. Any delays or return trips due to the space not being ready or other trades’ interference may necessitate additional charges at Applied Ergonomics’ discretion. Our policy is to absorb changes on jobs whenever possible, minimizing extras.

Changes to the installation plan will be accommodated to the best of our ability to satisfy the client. Changes that do not require additional time are made at no extra charge. Changes that require additional time or material will be made in most cases without a written change order, in order to maintain the client’s timeline and to minimize double work, and the client agrees that they will be billed accordingly. Rates for extras vary based on the trade involved but are in all cases based on the same rates that the work was quoted at.

All debris from the installation will be put in the client’s dumpster or recycling bin unless otherwise agreed prior to the installation and stated in our proposal. Applied Ergonomics can provide a dumpster and/or recycling bin, or remove trash from the jobsite, as requested by the client for an additional fee. Carpet can be removed from the site and sent to a mill for recycling for an additional fee.

Applied Ergonomics provides both union and non-union labor as required. Certificates of insurance are provided upon request with coverage provided based on the providers’ terms of coverage. Additional coverage requests may incur a cost by the client. Permit application fees, as required, will be billed to the client, regardless of whether we became aware of needing them before or after the contract is signed.

To the extent that a mistake is made by Applied Ergonomics during the performance hereunder, we will work to make it right. Applied Ergonomics’ liability hereunder shall be limited to either, at Applied Ergonomics’ sole and exclusive discretion, (i) the repair or replacement of the goods ordered or (ii) the return of all amounts tendered by the client to Applied Ergonomics for that specific order. This shall be the client’s sole and exclusive remedy against Applied Ergonomics and in no event shall applied ergonomics be liable to the client or any other party for any other direct, indirect, incidental, consequential damages or lost profits even if applied ergonomics shall have been advised of the possibility of such potential loss or damage.

In any legal action or other proceeding which is brought for the enforcement or invalidity of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover its actual attorney fees and other costs and expenses incurred in such action or proceeding, in addition to any other relief to which the party may be entitled. This Agreement shall be governed by the laws of the State of Illinois, without regard to conflict of law principles. Each party irrevocably agrees that it will not commence any action, litigation or proceeding arising out of or relating to this Agreement in any forum other than the U.S. District Court for the Northern District of Illinois or the courts of the State of Illinois sitting in Cook County.  Each party irrevocably submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the U.S. District Court for the Northern District of Illinois or the courts of the State of Illinois sitting in Cook County.

These Terms and Conditions are current as of 9.3.2024