Areira, Inc. Terms of Use

Welcome to The Areira website (“Website”). This Website is owned and operated by Areira Inc. (“Areira”). If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which govern Areira's relationship with you in relation to this Website. If you disagree with any part of these Terms and Conditions, you are not authorized to access or use the Website for any purpose.

The term 'Areira' or 'us' or 'we' refers to the owner of the Website whose registered office is in Norcross, GA. The term 'you' refers to the user or viewer of our Website.

Areira reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of our Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Accordingly, you agree to review the Terms of Use prior to any use of our Website.

1. INTELLECTUAL PROPERTY

The Website, and all information and/or Content that you see, read, hear, and/or otherwise experience on the Website (the "Content") is protected by U.S. and international copyright, trademark and other laws, and belongs to Areira, its affiliates, partners, contributors or third parties. Areira grants you a personal, non-exclusive, non-transferable license to use the Website and the Content, and to download, print and store portions of the Content that you select; provided, however, that you; (1) use those portions of the Content only for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer, and/or transmit, distribute, publish or broadcast the Content in any media and/or in any manner; and (3) do not modify or alter the Contents in any way, including but not limited to deleting and/or changing any copyright or trademark notice. No right, title or interest in any downloaded Content or material is transferred to you as a result of this license. Areira reserves complete title and full intellectual-property rights in any and all Content you download from the Website, subject to the limited license set forth herein for you to make personal, non-commercial use of the Content. You may not mirror or frame the home page or any other pages of this Website on any other Website. In addition, all page headers, custom graphics, button icons and scripts are the intellectual property of Areira and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Areira. You may not create links to this site that bypass the home page or other parts of the Website. You may not use any of the marks or logos appearing throughout the Website without express written consent from the trademark owner, except as permitted by applicable law. Areira will enforce its intellectual property rights to the fullest extent of the law.

2. GOODS

We will make reasonable efforts to ensure that the information about our products (“Goods”) are accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods, or that Goods will always be available if you wish to place an Order to purchase them. None of the material contained in our Website is to be relied upon as a statement or representation in relation to Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact us page if you need any further information about Goods.

We make all reasonable efforts to accurately display the attributes of our Goods, including the applicable colors, textures and details. However, as the actual colors, texture and details you see may depend on your computer system and settings therefore we cannot guarantee that such display of any color, texture or detail will be accurate.

Many of our featured items are selected in limited quantities, and therefore, the stock cannot be replenished. This means that once all stock of an item is sold, the item may not appear on this Website again. When an item featured on the Website is no longer in stock, we take reasonable steps to remove that item from this Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at info@areira.com

We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent you an Order confirmation email.

In the event that our Goods are mistakenly listed at an incorrect price, Areira reserves the right to refuse or cancel any Orders placed for our Goods listed at the incorrect price. Areira reserves the right to refuse or cancel any such Orders whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, Areira shall issue a credit to your credit card account in the amount of the incorrect price.

3. TRANSACTIONS

Transactions for the purchase or sale of Goods or services facilitated by use of the Website will be governed by theTerms and Conditions of Saleunless specifically stated otherwise in a particular area of the Website. No additional or different terms contained in any purchase Order, document, transmission or other communication shall be binding upon Areira unless agreed to by Areira in writing. Areira reserves the right, without prior notification and in its sole discretion, to limit the Order quantity on any item and to refuse service to anyone. Please review our Terms and Conditions of Sale before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Terms and Conditions of Sale.

4. OFFERS, SALES, PROMOTIONS, AND DISCOUNTS

Unless otherwise stated, prices on full price, sale and promotional items, and affiliate offers cannot be combined with any other offers, sales, promotions or discounts. Sales, promotions and discounts may not be applicable to all sizes, colors or styles. Quantities are limited. Offers are not valid on previously purchased merchandise or purchases of gift cards. Areira reserves the right to extend, modify or discontinue any offer, sale, promotion or discount at any time without notice.

5. DISCLAIMER OF WARRANTIES

AREIRA, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. AREIRA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT WITH REGARD TO THE WEBSITE, THE SERVICE, AND THE CONTENTS. AREIRA, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. AREIRA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

  • (a) Reliance on Advice/Information.No advice or information, whether oral or written, obtained from you by Areira or through or from our Website, shall create any warranty. Advice or information received by means of our Website should not be relied upon for significant personal, business, medical, legal or financial decisions and you should consult a professional for advice tailored to your specific situation.
  • (b) Downloading Files.Areira cannot and does not guarantee or warrant that files available for downloading or otherwise obtained through the Website will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Website and the service and the accuracy of the Content shall be borne solely by you.
  • (c) International Use.Areira makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable Contents and online conduct.
  • (d) Third Party Links.Hypertext links to third party Websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Areira of the third party, the third-party Website, or the information contained therein, unless expressly stated on the Website. You acknowledge and agree that Areira is not responsible for the availability of any such web sites and that Areira does not endorse or warrant, and is not responsible or liable for, any such web site or the Content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.
  • (e) Third Party Contents.The Website may contain information or Contents provided by third parties not related to Areira. The presence of such third party information and Contents does not constitute or imply an endorsement, sponsorship, or recommendation by Areira of the third party or such information or Contents. You acknowledge and agree that Areira is not responsible for availability of any such information or Contents and that Areira does not endorse or warrant, and is not responsible or liable for, any such information or Contents.

6. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AREIRA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH, OR FACILITATED BY, THE WEBSITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE, AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENTS, EVEN IF AREIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AREIRA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT YOU AGREE THAT AREIRA'S LIABILITY, IN NO EVENT, SHALL EXCEED $100.

7. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend, and hold harmless Areira, affiliated companies, joint ventures, business partners, licensors, employees, and agents, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fee, resulting from or arising out of your use, misuse, or inability to use the Website, the service, or the Content, or any violation by you of the Terms of Use.

8. USER CONDUCT

You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Website in any manner that might interfere with the rights of third parties.

9. GENERAL PROVISIONS

  • (a) Entire Agreement/No Waiver.These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Areira of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • (b) Correction of Errors and Inaccuracies.The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Areira therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Areira does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  • (c) Severability.If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the agreement as a whole.
  • (d) Choice of Law.This agreement shall be governed by, and will be interpreted according to the laws of the State of Georgia, U.S.A., without regard to any conflict of laws provisions.
  • (e) Dispute Resolution/Choice of forum.Any controversy, claim, or dispute of whatever nature arising between the parties (a "Dispute"), including, without limitation, a dispute arising out of, or having to do with the Website or this agreement, shall be resolved by binding arbitration in Gwinnett County, Georgia. The arbitration shall be undertaken pursuant to the substantive laws of the State of Georgia and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of the competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be resolved by binding arbitration in accordance with the following procedure: Either (I) Areira and buyer shall mutually select an arbitrator (II) If Parties cannot agree on such arbitrator, you and Areira, shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration association, under its commercial arbitration rules. The parties hereto agree that the arbitrator's ruling in the arbitration shall be binding and final and not subject to appeal or challenge. The parties hereto further agree that the arbitration proceedings, testimony, discovery, documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, and the outcome, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the Parties’ attorneys and their staff, and any experts retained by the parties. Not withstanding the above, nothing in this paragraph or in any of the applicable rules of the American Arbitration Association shall prevent Areira from seeking emergency, provisional, or summary relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator's final decision. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Gwinnett County, Georgia, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws.

PRIVACY POLICY

This privacy policy sets out how Areira uses and protects any information that you give Areira when you use this Website.

Areira is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.

Areira may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from December 1, 2015.

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the Website according to your interests.

Security.We are committed to ensuring that your information is secure. In Order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

GENERAL TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE OF TERMS AND CONDITIONS.

Your submission of an Order through our Website shall constitute acceptance by you (“Buyer”) of the Terms and Conditions contained herein (the “Terms and Conditions”), which shall control the transactions between Areira and Buyer. These Terms and Conditions shall not be superseded by any provisions that may be contained in any purchase Order or other documentation that may at any time be submitted by Buyer unless specifically agreed to in writing by Areira. Any resulting contract is for the benefit of the parties hereto and not for any other person. Buyer may not delegate its performance, or assign or transfer its rights or obligations under these Terms and Conditions, without express written consent of Areira.

2. ORDERS

To place an Order for the purchase or sale of Goods or services (“Order”) you must be 18 years of age or over. When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:

  • i. You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address or fraudulent information.
  • ii. There is an error on our Website relating to the Goods that you have Ordered, for example an error relating to the price or description of the Goods as displayed on our Website.
  • iii. The Goods that you have Ordered are no longer available through our Website.
  • iv. We believe that you are under the age of 18.

We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or Content on the Website, refusing to process an Order, or suspending any transaction after we start to process it.

If we cannot accept or process your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept or process your Order because the Goods are no longer available, or because of an error in the price and/or other information about the Goods for which you have placed an Order, we will notify you and we will cancel your Order in relation to those Goods we cannot supply as well as refund you any money that you have paid to us in respect to those Goods.

When you place your Order through the Website you will receive an automated email confirming receipt of your Order. This email contains the relevant details of your Order (such as quantities, price, shipping terms). Please note that this email does NOT constitute an acceptance of your Order. Your Order will be accepted and the contract between us and you will be concluded only when we dispatch the Goods. At such time you will receive an Order Shipment Confirmation email informing you that we have dispatched all, or a part, of the Goods covered by your Order.

Orders can be canceled by you at any time before being processed by us. If you wish to cancel your Order please contact us via our contact us page. In case of cancellation, we will refund you the cost of the Goods included in the canceled Order.

3. DELIVERY.

Shipment dates are approximate and are based upon prompt receipt from Buyer of full payment and all necessary information.

International shipment options are negotiated by location, size and weight of the Order. ALL taxes levied by your country are your responsibility, and are not included in the shipping cost. Areira will pay duties charged.

4. RETURNS.

While we take pride in all of our Areira products, if you are not satisfied with your online purchase we are happy to assist you with a return. We gladly accept the return of unworn, unwashed or defective Areira merchandise for up to 10 days after the shipment date. Refunds for merchandise returned within the eligible time period will be credited in the same form as the original. Merchandise must be returned with all original internal packing materials, boxes and containers with tags attached, items marked “final sale” on the Website, tag or invoice are not returnable. Original shipping charges are non-refundable.

Shipping charges for returns are the customer's responsibility unless the product is defective; we do not accept C.O.D. deliveries. We are not able to accept hand-delivered returns. We are not responsible for items lost in the mail. Refunds are given for the item’s extended price indicated on the original packing slip/invoice and any applicable taxes, excluding any shipping fees and additional discounts. Please allow 1 to 2 billing cycles for the credit to appear on your statement.

5. LIMITATION OF WARRANTY.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS IN THE ORDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND AREIRA SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. However, Areira warrants that the products delivered shall conform to the grade and quantity specified in the Order. As with any product, normal wear and tear should be expected with use over time. Leather is a natural product and the grains, folds, wrinkles, color, and scars give leather its characteristics.

6. LIMITATION OF LIABILITY.

AREIRA’S LIABILITY SHALL BE LIMITED TO THE COST OF REPLACING PRODUCTS TO THE POINT OF DELIVERY AS SPECIFIED IN THE ORDER WITHIN A REASONABLE PERIOD OF TIME FOLLOWING PROPER AND TIMELY REJECTION BY BUYER. UNDER NO CIRCUMSTANCES SHALL AREIRA BE LIABLE TO BUYER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE WHATSOEVER, ARISING FROM NONCONFORMITY OF PRODUCTS OR DELAY IN SHIPMENT, OR ANY OTHER BREACH BY AREIRA. Areira will in no event be liable to or otherwise responsible to any other party hereto or any beneficiary hereof for any loss of profits, diminution in value, or incidental, indirect, consequential, special, exemplary or punitive damages that arise out of or relate to this agreement or the performance or breach hereof or otherwise and whether in contract, tort, strict liability, or other legal theory. Such damages include, but are not limited to: loss of profits; loss of savings or revenues; cost of capital; the claim of third parties, including customers of Buyer; injury to property; and injury to persons.

7. FORCE MAJEURE.

If Areira’s ability to perform its obligations to Buyer is limited, delayed, or prevented in whole or in part by any event or condition not reasonably within the control of Areira or its suppliers, including, but not limited to, flood, unusually severe weather, earthquake or other act of God, war, civil strife, power loss, strike, boycott, or other labor unrest, embargo, governmental regulation, transportation delays, or an inability or delay in obtaining materials, or by any law, rule, regulation, Order, or any other action of any public authority, Areira shall be excused, discharged, and released of performance to the extent such performance is so limited, delayed, or prevented, without liability of any kind. In the event of any such delay, Areira shall have such additional time within which to perform its obligations hereunder as may be reasonably necessary under the circumstances.

8. INDEMNIFICATION.

TO THE EXTENT PERMITTED BY LAW, BUYER SHALL INDEMNIFY, DEFEND AT ITS EXPENSE, AND HOLD AREIRA HARMLESS, FROM ANY LIABILITIES, COSTS AND CLAIMS, INCLUDING JUDGMENTS RENDERED AGAINST, AND FINES AND PENALTIES IMPOSED UPON, AREIRA AND REASONABLE ATTORNEYS' FEES AND ALL OTHER COSTS OF LITIGATION, ARISING OUT OF THE ORDER, INCLUDING INJURIES, DISEASE OR DEATH TO PERSONS, OR DAMAGE TO PROPERTY, INCLUDING CLAIMS IN ANY WAY ATTRIBUTABLE TO THE PERFORMANCE OF THE ORDER. TO THE EXTENT PROVIDED IN THIS SECTION, BUYER EXPRESSLY AGREES TO INDEMNIFY AREIRA FOR AREIRA’S ACTS AND OMISSIONS, NEGLIGENT OR OTHERWISE. IN ADDITION, BUYER SHALL PAY AREIRA'S REASONABLE ATTORNEYS’ FEES AND ALL COSTS OF LITIGATION ASSOCIATED WITH ENFORCEMENT OF THE OBLIGATION SET FORTH IN THIS SECTION.

9. ARBITRATION.

In the event that the Buyer is unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. THE BUYER HERETO AGREES THAT ANY AND ALL DISPUTES OR CONTROVERSIES ARISING UNDER THIS AGREEMENT OR ANY OF ITS TERMS, ANY EFFORT BY ANY PARTY TO ENFORCE, INTERPRET, CONSTRUE, RESCIND, TERMINATE OR ANNUL THIS AGREEMENT, OR ANY PROVISION THEREOF, AND ANY AND ALL DISPUTES OR CONTROVERSIES RELATING TO THE PRODUCT, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: EITHER (I) AREIRA, ON THE ONE HAND, AND BUYER, ON THE OTHER HAND, SHALL MUTUALLY SELECT AN ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT OR (II) IF WE CANNOT AGREE ON SUCH ARBITRATOR, AREIRA ON THE ONE HAND, AND BUYER, ON THE OTHER HAND, SHALL EACH SELECT ONE ARBITRATOR, WHO SHALL BOTH BE RETIRED JUDGES OF STATE OR FEDERAL COURTS AND THOSE TWO ARBITRATORS SHALL THEN SELECT A THIRD ARBITRATOR, WHO SHALL BE A RETIRED JUDGE OF A STATE OR FEDERAL COURT. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, UNDER ITS COMMERCIAL ARBITRATION RULES. THE PARTIES (AREIRA AND BUYER) HERETO AGREE THAT THE ARBITRATOR’S RULING, OR ARBITRATORS’ RULING, AS APPLICABLE, IN THE ARBITRATION SHALL BE FINAL AND BINDING AND NOT SUBJECT TO APPEAL OR CHALLENGE. THE PARTIES HERETO FURTHER AGREE THAT THE ARBITRATION PROCEEDINGS, TESTIMONY, DISCOVERY AND DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, INCLUDING THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, WILL BE TREATED AS CONFIDENTIAL AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY TO SUCH PROCEEDINGS, EXCEPT THE ARBITRATOR(S) AND THEIR STAFF, THE PARTIES’ ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH OR IN ANY OF THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION SHALL PREVENT AREIRA FROM SEEKING PROVISIONAL RELIEF OUTSIDE OF ARBITRATION, INCLUDING BUT NOT LIMITED TO EQUITABLE AND/OR INJUNCTIVE RELIEF, PENDING THE ARBITRATOR’S FINAL DECISION. All arbitration proceedings and hearings shall be held in Atlanta, Georgia. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws.

10. CONTROLLING LAW.

The validity, construction, and performance of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to choice of law principles.

11. CHOICE OF VENUE.

Subject to the provisions of Section 11 of these Terms and Conditions, each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in Gwinnett County, Georgia, in any action relating hereto or to the subject matter hereof. Buyer also waives any defense of lack of jurisdiction if any such action is initiated in Gwinnett County, Georgia.

12. SEVERABILITY.

In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions shall remain in full force and effect.