Frequently Asked Questions

Please allow up to 3-5 business days for your order to process. In the event that your order is placed on hold and we are unable to reach you within 7 business days, we reserve the right to cancel your order.

*All orders placed between 12:00 p.m. ET Friday and 11:59 p.m. ET Sunday will not be processed until the following business day.

Once your order ships, you will receive a shipping confirmation email with a TRACK PACKAGE button. Click the button to follow the status of your shipment.

Every single one of our frames is handmade and one-of-a-kind. Our acetate frames are made with cellulose acetate, which varies from batch to batch. This means there can be slight pattern and color variations.

We cannot do any type of price match or adjustments on previous purchases.

Unfortunately, promo codes can only be redeemed at the time of the sale.

We accept all major credit and debit cards, PayPal, and installment payments through Zip and Shop Pay Installments. Our prices are shown in U.S. dollars.

If you have a Flexible Spending Account (FSA) or Health Savings Account (HSA), you can use the FSA or HSA card like any credit/debit card during checkout to process the payment. FSA and HSA are programs that allow you to set aside money (pre-tax) for health care expenses - in this case, vision care. If you're not sure whether or not you have an FSA or HSA for vision care, please check with your employer or insurance provider for further information.

If you don't have an FSA or HSA, you can still send in the receipt to your insurance carrier for reimbursement if your vision insurance coverage includes out-of-network benefits.

Zip is a payment option that allows you to pay over a 6-week period. You will only have to pay 25% of the order total upon checkout, and then every two weeks you will be charged another 25% on your credit card until the total is paid. This service is available for customers living in the U.S. only. There is no interest or any other additional cost for you.

illesteva Privacy Policy LAST REVISED: January 1st, 2020 This Privacy Policy describes how Sildan, Inc. and its subsidiaries and affiliates (“illesteva,” “we,” “us,” and/or “our”) handle personal data we collect online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, podcasts, and in-person promotional activities) (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect and process, how we may use and share the data, and the choices that are available to you with respect to our handling of your data. Information We Collect Information we collect directly from you We collect the information you provide directly to us, such as when you open an account, place an order, ask to receive emails, or interact with us on social media. The types of personal data we may collect directly from you include: Contact information, such as your name, email address, mailing address, and phone number; Account information, such as your username and password; Billing information, such as credit card details and billing address; Optional information you may choose to provide, such as your date of birth, gender, social handles, monogram order details; and Any other information you choose to provide. Information about your use of our Services We collect information about your use of the Services, such as the products you buy or express interest in. Information we collect from other sources When you access the Services through a social network, we collect information from the social network in accordance with your settings on the social network. If you interact with us on social media, we will collect information about those interactions. The information we may collect includes your name, picture, and email address. We may also collect information about you from third parties, including mailing list providers and publicly available sources, or friends that refer you to illesteva. Information we collect by automated means When you visit our sites, we collect certain information automatically. To collect this information, we may use cookies, web beacons, and similar technologies. A “cookie” is a text file that websites send to a visitor‘s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as a pixel tag or clear GIF, is used to transmit information back to a web server. We may also collect information about your online activities over time and across third-party websites. The information we collect automatically may include: URLs that refer visitors to our websites; Search terms used to reach our websites; Details about the devices that are used to access our websites (such as IP address, browser information, device information, and operating system information); Details about your interaction with our websites (such as the date, time, length of stay, and specific pages accessed during your visits to our websites, and which emails you may have opened); and Usage information (such as the number and frequency of visitors to our websites). We may use and store information about your location if you give us permission to do so (Location data) We may associate this information with your illesteva account if you have one, the device you use to connect to our Services, or email or social media accounts that you use to engage with illesteva. For more information about how we use cookies click here. (Also found in our FAQ) Advertising and Analytics Services Provided by Others We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in mobile applications. These entities may use cookies, web beacons, and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by illesteva and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt-out of having your web browsing information used for interest-based advertising purposes, please visit www.aboutads.info/choices. European users may opt-out of receiving targeted advertising through the European Interactive Digital Advertising Alliance. How We Use Your Information We may use the information we collect to deliver the products you request, to maintain and customize your account and our interactions with you, and to provide, maintain, and improve our Services. We also use the information we collect to: Communicate with you about our Services, including to tell you about products and services that may be of interest to you; Respond to your requests, inquiries, comments, and suggestions; Facilitate your engagement with the Services, including to enable you to post comments and reviews; Offer contests, sweepstakes, or other promotions; Conduct or administer surveys and other market research; and Protect against, identify, investigate, and respond to fraud or other illegal activity. How We Share Your Information We may share the information we collect: With service providers that perform services on our behalf, such as those that provide shipment and payment services, customer service, and marketing support; With select partners as a part of co-sponsored promotions; To comply with a legal or regulatory obligation, protect and defend illesteva’s rights or property, protect the safety of our customers and website users or the public, and protect against legal liability; In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company; Between and among illesteva’s current and future parents, subsidiaries, affiliates, and other companies under common control and ownership; and With your consent and at your direction. When you provide a product review or other user content, that content will be publicly posted. Other users may be able to see your name or other information about you that you post. If you are in the United States, we may share information about you with select third parties so that they can communicate with you about products or services that may be of interest to you. If you prefer that we not share your information with such third parties, you may opt-out by emailing us at ask@illesteva.com. Analytics We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js,analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en Behavioral Remarketing illesteva uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. Google AdWords Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en Facebook Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA, the Digital Advertising Alliance of Canada in Canada or the European Interactive Digital Advertising Alliance in Europe, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation Shopify Apps Apps are provided by Shopify, Inc. as free and premium plug-ins to extend the functionality of our Services. Each has its own privacy policy that you can reference directly through their corresponding sites. Payments We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors) including Shopify Pay, Quadpay and others. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Links to Other Sites Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Your Rights and Choices Managing or deleting your illesteva account You may review, update, or modify your account information, including profile and contact information, at any time by logging into your illesteva account. You may delete your illesteva account by emailing ask@illesteva.com. Opting out of email marketing You may unsubscribe from our promotional emails at any time by following the instructions included in those emails. If you opt-out of receiving such communications, note that we may continue to send you non-promotional emails (such as order confirmation emails or emails about changes to our legal terms). Restricting cookies Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. Children Our Services are not designed for children and do not knowingly collect personal data from children. If you have reason to believe that a child has provided personal data to us, please email us at ask@illesteva.com, and we will endeavor to delete that information from our databases. European Residents If you are a European resident, defined for the purposes of this Privacy Policy to include residents of the European Economic Area and Switzerland, you have certain rights and protections under the law regarding the processing of your personal data. Legal Basis for Processing If you are a European Resident, we process your personal data when: We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the illesteva products you have ordered). We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications and to provide, secure, and improve our Services. We have your consent to do so. Data subject requests If you are a European resident, you have the right to access personal data we hold about you and to ask that your personal data be corrected, updated, or erased. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us as indicated below. If you have a illesteva account, you may also review, update, and delete certain personal data by logging into your account. Questions or Complaints If you are a European Resident and have a concern about our practices concerning the processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your relevant local Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm, or if you are a Resident of Switzerland, https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/ Links to Other Websites and Third-Party Content We may provide links to third-party websites, services, and applications, such as Facebook, that are not operated or controlled by illesteva. This Privacy Policy does not apply to third-party services, and we cannot take responsibility for the content, privacy policies, or practices of third-party services. We encourage you to review the privacy policies of any third-party service before providing any information to or through them. The Services may include an activity feed, social media buttons, and widgets, such as the Facebook "Like" button or the "Share This" button. Your interactions with these features are governed by the privacy policy of the third-party service that provides the feature. Data Retention Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. Data Transfers Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. illesteva will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Changes to Our Privacy Policy We may change this Privacy Policy from time to time. If we do so, we will post the updated policy on our sites and will indicate when the Privacy Policy was last revised. If we make any material changes, we will provide you with additional notice. You should periodically review our current Privacy Policy to stay informed of our personal data practices. California Privacy Rights California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes or to opt-out of such sharing. If you are a California resident and would like a copy of this notice or to opt-out, please submit a written request to the following address: Sildan, Inc, 3550 Biscayne Blvd, Suite 510, Miami, FL 33137, Attn: Legal, or by emailing us at ask@illesteva.com. Additionally, if you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal data. Categories of Personal Data Collected: In the preceding 12 months, we have collected the following categories of personal data: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet or electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; inferences; and other categories of personal data that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect, please see “Information We Collect” above. Business or Commercial Purpose for Collecting and Using Data: We collect each category of personal data listed above for the business or commercial purposes described in the “How We Use Your Information” section above. Categories of Sources of Personal Data: We collect each category of personal data listed above from you and the third-party sources described in the “Information we collect from other sources” section above. Categories of Personal Data Disclosed: In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes: identifiers; commercial information; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); internet and electronic network activity; geolocation data; audio, electronic, visual, thermal, olfactory or similar information; inferences; and other categories of personal data that relates to or is reasonably capable of being associated with you. Categories of Third Parties With Whom We Share Personal Data: We may share each category of personal data listed above with the third parties as described in the “How We Share Your Information” section above. Your Consumer Rights California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their personal data (subject to certain exceptions). California consumers also have the right to opt out of sales of personal data, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing a notarized power of attorney evidencing that you have empowered the authorized agent to exercise your CCPA rights on your behalf. We will not discriminate against you if you choose to exercise your rights under the CCPA. Right to Know: You may request access to the specific pieces of personal information we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected, the sources of collection, the purpose for collecting information, the categories of information we share, and the categories of third parties with whom we share information. You may make an access request by emailing us at ask@illesteva.com.. We will verify your request by contacting you after receiving your request to verify your identity. Deletion: You may request that we delete the personal data we have collected about you (subject to certain exceptions). Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by emailing ask@illesteva.com.. We will verify your request by contacting you after receiving your request to verify your identity. If you request to delete your personal data, certain of our products and services may no longer be available to you. No Sale of Personal Data illesteva does not and will not sell personal data as the term “sell” is defined by the CCPA. Contacting illesteva If you have questions or concerns regarding this Privacy Policy or would like to update your preferences or information we have about you, please contact us at the information provided below. We will take reasonable steps to respond to your request. Sildan, Inc. 3550 Biscayne Blvd Suite 510 Miami, FL 33137 ask@illesteva.com

illesteva Cookie Policy Effective: January 1st, 2020 Our Privacy Policy (also found in our FAQ) explains how we collect and use information from and about you when you visit our website, create an account with us, visit our retail locations, or otherwise interact with us. This policy explains more about how we use cookies and your choices concerning cookies. What are Cookies? Like most websites, we use cookies and similar technologies to remember things about you so that we can provide you with a better experience. Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”). For example, we partner with third-party analytics providers, like Google, which set cookies when you visit our websites. This helps us understand how you are using our Services so that we can improve them. Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies. Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache. How We Use Cookies We use cookies for a number of reasons, like helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and generally providing you with a better experience. The cookies we use generally fall into one of the following categories: Technical Preferences Security Performance Analytics Advertising Your Choices You have a number of options to control or limit how we and our partners use cookies and similar technologies, including for advertising. Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our services may not function properly. To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on. For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance. Contact Us If you have any questions about our use of cookies, please contact us at ask@illesteva.com or at: Sildan, Inc. 3550 Biscayne Blvd Suite 510 Miami, FL 33137

illesteva Terms of Use EFFECTIVE: January 1st, 2020 Welcome to illesteva and our Terms of Use (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights, so please read it carefully. If you reside outside the United States, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit our International Addendum listed after our Terms of Use to see whether these additional terms and conditions apply to you. By accessing or using the websites or blogs (collectively, the “Site”) provided by Sildan, Inc. or our subsidiaries or affiliates (herein referred to as “illesteva,” “we,” “us” or “our”), including, without limitation, www.illesteva.com and illesteva News, pursuant to which we offer lifestyle and make available our unique home products or other products for purchase (the “Products”) (collectively, with the Site, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Some of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site. By visiting the Site, you are accepting and consenting to the practices described in the Agreement. We may modify the Agreement from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Agreement. Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. Please read the Agreement and check back often. If you do not agree to any change to the Agreement, then you must immediately stop using the Site. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1. Privacy Policy 1.1 Please refer to our Privacy Policy (also found in our FAQ) for information about how we collect, use, disclose and otherwise process information about you. 2. Eligibility 2.1 If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf. 2.2 You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. 2.3 We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice. 2.4 You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. 3. Registration 3.1 You may register for an account on the Site (an "Account"). To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy (also found in our FAQ). 4. Use of the Site 4.1 The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in the violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content. 4.2 The trademarks, service marks, and logos of illesteva (the “illesteva Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of illesteva. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the illesteva Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any illesteva Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any illesteva Trademark shall inure to our benefit. 5. Third Party Sites 5.1 The Site may contain hyperlinks to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. 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 External Sites. 5.2 You may visit the Site via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 5.3 We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. 6. User Content 6.1 With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion. 6.2 The Site may pull content from our users who share photos and videos on Instagram using our brand username or hashtags, including, without limitation, tagging the @illesteva (collectively, “Photos”). You acknowledge and agree that the Photos may be used in illesteva’s retail locations and emails and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. 6.3 By uploading any User Content you hereby grant and will grant illesteva and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 6.4 Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint illesteva as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum. 6.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. 6.6 You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of illesteva, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. 7. IP Infringement 7.1 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to illesteva’s Copyright Agent at ask@illesteva.com (Subject line: “Takedown Request”). You may also contact us by mail at: 3550 Biscayne Blvd, Suite 510, Miami, FL 33137. 7.2 To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 7.3 If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 7.4 If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion. 7.5 In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 8. Payments; Ordering & Availability; Billing and Continuous Subscription Services 8.1 You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. 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. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. 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. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. 8.2 All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process. 9. Disclaimer of Warranties and No Guarantee 9.1 ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVELY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY INTIMATES ONLINE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LIVELY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE. 10. Indemnification 10.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the illesteva Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Feedback you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to the illesteva Legal Department at hello@illesteva.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 11. ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH illesteva 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. 11.1 YOU AND ILLESTEVA AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND illesteva AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. 11.2 Except for small claims disputes in which you or illesteva seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or illesteva seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and illesteva waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court. Instead, for any dispute or claim that you have against illesteva or relating in any way to the Services, you agree to first contact illesteva and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to illesteva by email at ask@illesteva.com or by certified mail addressed to illesteva Legal Department, 3550 Biscayne Blvd, Suite 510, Miami, FL 33137. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and illesteva cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at ask@illesteva.com with “Arbitration Request” in the subject line. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse fees for claims.. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You agree to arbitrate with illesteva only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York. 12. Termination 12.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any 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 this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration. 13. User Must Comply with Applicable Laws 13.1 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. 13.2 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. 14. Transfer and Processing of Personal Data 14.1 In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. 15. U.S. Government Restricted Rights 15.1 The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Services or Content by the Government constitutes acknowledgment of our proprietary rights in the Services and Content. 16. Miscellaneous 16.1 This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Any dispute between you and illesteva that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use. 16.2 Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to ask@illesteva.com. 16.3 Sildan, Inc. is a Delaware corporation with its headquarters at 3550 Biscayne Blvd, Suite 510, Miami, FL 33137. You may contact us at the following address: 3550 Biscayne Blvd, Suite 510, Miami, FL 33137, or at the following email address: ask@illesteva.com. International Addendum Effective: January 1st, 2020 Special Provisions Applicable to Users Residing in the EU If you reside in the European Union (“EU”) and the Services were offered to you in the EU, please review these Special Provisions Applicable to Users Residing in the EU (“Special Provisions”). These Special Provisions apply in addition to, or in some cases in lieu of certain sections of the Terms of Use found above.. By accessing or using the Site provided by Sildan, Inc. or purchasing Products from our subsidiary Phase EU Limited, you agree to be bound by these Special Provisions. All capitalized terms not defined in these Special Provisions shall have the meaning given to them in the Terms of Use. 1. User Content. Section 6 of the Terms of Use is revised as follows: The following sentence replaces the second sentence in Section 6.2 of the Terms of Use: You acknowledge and agree that the Photos may be used in illesteva retail locations and emails and on the Site, and you hereby grant us permission, until revoked, to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes. To revoke your permission to us in regards to our use of the Photos, please contact us at ask@illesteva.com. The following sentence replaces the first sentence in Section 6.3 of the Terms of Use: By uploading any User Content you hereby grant and will grant illesteva and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services, until such license grant is revoked by you. To revoke your license to us in regards to our use of your User Content, please contact us at ask@illesteva.com. The following provision replaces Section 6.4 of the Terms of Use in its entirety: Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint illesteva as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum. 2. IP Infringement. The following provision replaces Section 7 of the Terms of Use in its entirety: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. Under the EU-E-Commerce Directive 2000/31/EC, the requirements of a proper notification are: written communication with a physical or electronic signature of a person authorized to act, identification of the copyrighted work claimed to have been infringed, identification of the material that is claimed to be infringing, information reasonably sufficient to permit illesteva to contact you (address, telephone number and email) and a statement that you have a good faith belief that the use of material is not authorized. 3. Payments; Ordering & Availability; Billing and Continuous Subscription Services. The following provision replaces Section 8.2 of the Terms of Use in its entirety: You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We attempt to be as accurate as possible and to eliminate errors on our Site. However, in the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged. We are under a legal duty to supply Product(s) that are in conformity with the order you place. In the event of a material error (for example, a pricing error or one that might affect your enjoyment of the Product), we will contact you in advance so that you can decide whether you want to cancel or proceed with the order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order. Before completing the online purchase process, you will be asked to confirm the contents of your shopping cart. Once you do so, a summary of your order will be displayed and you will be asked to confirm your order. By clicking on the “Buy Now” button, you acknowledge that a contract is formed between you and us in relation to the Product(s) ordered (the “Contract”) and that you enter into an obligation to pay for the Product(s) in your cart. After entering into the Contract, we will send you a confirmation email (the “Order Confirmation”) and we will be under a legal duty to supply you with goods that are in conformity with the Contract. 3. Disclaimer of Warranties and No Guarantee The following provision replaces Section 9.1 of the Terms of Use in its entirety: THE ILLESTEVA PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ILLESTEVA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL ANY ILLESTEVA PARTY BE LIABLE FOR LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ILLESTEVA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Arbitration Clause and Class Action Waiver. The following provision is added as Section 11.3: Notwithstanding the above, you may bring legal proceedings in respect of the Agreement either by following the arbitration procedure detailed in the Agreement or in the courts of the country in which you reside. The European Commission also provides EU consumers with an online dispute settlement platform, available at http://ec.europa.eu/consumers/odr/ which provides information about alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that we are not obliged to participate in alternative dispute resolution and reserve the right to consent to alternative dispute resolution in individual cases. Notwithstanding the foregoing, consumers residing in the EU will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in this Agreement affects your rights as an EU consumer to rely on mandatory provisions of the law of the country in which you reside. The Swedish National Board for Consumer Disputes provides a public authority to try disputes between consumers and business traders and may be contacted at http://www.arn.se. 7. Termination. The following provision replaces Section 12 of the Terms of Use in its entirety: We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration. 8. Miscellaneous. The following sentence replaces the first two sentences of Section 16.1: This Agreement shall be governed by and construed and enforced in accordance with the laws of the country in which you reside.