www.tgertz.com, and www.goatgang.net websites, are owned and operated by TIGRAN GERTZ, carrying on its business activities in London, United Kingdom. These Terms of Use govern your use of this TIGRAN GERTZ website services.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TIGRAN GERTZ (“TIGRAN GERTZ, we,” “us” or “our”), concerning your access to and use of www.tgertz.com, and www.goatgang.net, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or TIGRAN GERTZ”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

4. ABOUT OUR SERVICES

At TGertz, our mission is to empower individuals like you with knowledge and skills that can catalyze personal and professional development. We believe in the power of education and personal growth, and we’re committed to providing you with the resources you need to succeed.

What We Offer:

• Courses: Our courses cover a wide range of topics, from personal development to professional skills. They are designed to be informative, engaging, and transformational, giving you the skills and knowledge, you need to thrive.

• Merchandise: Explore our exclusive merchandise collection that reflects our mission to inspire and motivate. From trendy apparel to thought-provoking accessories, you’ll find something that resonates with you.

• Live Events: Join us at our live events, where you can connect with like-minded individuals, gain valuable insights, and experience personal growth in real-time.

www.goatgeng.net is our exclusive funnel where you get access to premium subscription services, coaching calls, and a selection of our top-notch courses as part of an irresistible upsell package.

What We Offer:

• Subscription: Our subscription service is your VIP pass to exclusive content, regular updates, and invaluable insights. Stay ahead of the curve with access to premium resources.

• Coaching Calls: Benefit from personalized coaching sessions that address your unique needs and challenges, helping you grow and excel.

• Upsell Courses: Take your journey to the next level with our handpicked courses, carefully selected to provide a well-rounded educational experience.

5. ACCOUNTS

You have the option to register through an online form or by participating in Interactive Areas, like forums and other community features, to create a user account known as “Your Account.” This account enables you to receive information from us and access specific website features. We will handle your information as outlined in the Privacy Policy. By registering, you confirm that all the information you provide is current, complete, and accurate to the best of your knowledge. You agree to keep this information up to date on the website to ensure its accuracy. It’s your responsibility to secure the necessary connectivity, computer software, hardware, and equipment for using the website, along with covering related charges.

For certain products and services on TIGRAN GERTZ, you may need to create a user account called a “User Account.” If you choose to register, you must provide truthful, complete, and accurate Registration Information. It’s also your responsibility to update and maintain this information. If you provide false, incomplete, or outdated Registration Information, or if we suspect inaccuracies, TIGRAN GERTZ may, at its discretion, suspend, terminate, or deny access to TIGRAN GERTZ. The Privacy Policy, which is referenced here, governs Registration Information.

Maintaining the confidentiality and security of personal and User Account Information is your responsibility. Any activities conducted on TIGRAN GERTZ under your User Account are your responsibility, and TIGRAN GERTZ is not liable for unauthorized account usage. If you suspect unauthorized use, you must promptly inform TIGRAN GERTZ. Only the authorized license user is allowed to use the password-protected account on TIGRAN GERTZ. If someone shares their Username and Password, or unintentionally permits unauthorized access to fee-based products, the original site license holder will be held accountable for any unauthorized purchases made on TIGRAN GERTZ, and the associated charges will be billed to them.

6. USER CONDUCT

• You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.

• You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• You agree that you will not use or attempt to use another user’s account without authorization from such user and TIGRAN GERTZ.

• You agree that you will not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;

• You agree that you will not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;

• You agree that you will not attempt to circumvent any content-filtering techniques we employ.

• You agree that you will not access any feature or area of the Sites that you are not authorized to access.

• You agree that you will not develop any third-party applications that interact with the Sites without our prior written consent.

• You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.

• You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

7. TIGRAN GERTZ’ INTELLECTUAL PROPERTY

Content For purposes of these Terms, “content” is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by TIGRAN GERTZ, our Affiliates or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with TIGRAN GERTZ’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to TIGRAN GERTZ or its licensors for violation of intellectual property rights.

Trademarks or service marks of TIGRAN GERTZ include, but are not limited to, TIGRAN GERTZ and the TIGRAN GERTZ logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of TIGRAN GERTZ or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of TIGRAN GERTZ, our Affiliates or our licensors.

Site Use TIGRAN GERTZ grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of TIGRAN GERTZ, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. TIGRAN GERTZ reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

User Content Guidelines. The following conditions pertain to content you submit:

The Websites might include Interactive Areas like comments sections, discussion forums, or other interactive features where you can post or upload user-generated content, such as comments, videos, photos, messages, or other materials (collectively, “User Content”). You bear sole responsibility for your use of any Interactive Areas, and you use them at your own risk. Interactive Areas are accessible to individuals aged 13 years or older. By submitting User Content to an Interactive Area, you confirm that you are 13 years or older. If you are under 18, you must either be an emancipated minor or have obtained consent from your parent or legal guardian to agree to these Terms, submit content, and participate on the Websites.

By attending any Event, you grant TIGRAN GERTZ, its affiliates, designees, successors, assigns, and licensees the irrevocable right to record you and use your name, image, and likeness in any media for various purposes, including advertising and promotion. This also applies to future TIGRAN GERTZ events and events produced by its affiliates. You release TIGRAN GERTZ and its respective designees, successors, assigns, and affiliates from any liability regarding this.

When submitting User Content or participating in Interactive Areas on the Websites, you agree not to upload, post, or transmit content that: (a) Violates the rights of others, including defamatory, harassing, stalking, or threatening content; (b) You know to be false, misleading, or inaccurate; (c) Contains hate speech, abusiveness, vulgarity, or profanity; (d) Contains explicit or obscene content, promotes pornography, pedophilia, incest, bestiality, or obscenity; (e) Violates the law, encourages dangerous, illegal, or predatory activities, or discusses illegal activities with the intent to commit them; (f) Advocates violence; (g) Poses a reasonable threat to personal or public safety; (h) Contains graphic violence, primarily for exploitative, prurient, or gratuitous purposes; (i) Infringes upon copyright, trademark, trade secret, right of publicity, or other proprietary rights without permission; (j) Does not relate to the designated topic or theme of any Interactive Area; (k) Contains unsolicited or unauthorized advertising or promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation; or (l) Uses the name or likeness of an identifiable natural person without their consent.

You also agree not to upload, post, or transmit any User Content, software, or materials containing viruses or other harmful components. Using technology, services, or automated systems to post excessive User Content is not allowed. You must not direct third parties to use such services, technologies, or systems on your behalf. Any conduct that restricts or inhibits others from using or enjoying the Websites, as determined by us in our sole discretion, is not permitted. We reserve the right, at our sole discretion, to remove or edit User Content that you submit.

We are not responsible for the accuracy or credibility of User Content, and we do not assume liability for actions you take based on User Content posted on the Websites. Through Interactive Areas, you might encounter content that you find objectionable, offensive, inaccurate, or deceptive. There are also inherent risks, such as dealing with underage or deceptive individuals, international trade matters, and foreign nationals. By using Interactive Areas, you assume all associated risks. While we have no obligation to monitor, screen, edit, or remove User Content, we reserve the right to screen, edit, refuse, or remove any User Content at any time and for any reason. You are responsible for backing up and replacing any User Content posted on the Websites at your own cost and expense. TIGRAN Gertz’s decision to monitor or modify User Content does not create responsibility or liability on our part related to your use of Interactive Areas on the Websites.

By submitting User Content to the Websites, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works, distribute, sublicense, and exploit such User Content in any form, media, or technology, without compensation to you or third parties. To the maximum extent permitted by law, you waive moral rights in the User Content and agree not to assert such rights against us. You represent and warrant that you have the legal right, power, and authority to grant us this license, that you own or control all rights to the User Content, and that neither the User Content nor the rights granted will violate these Terms or infringe upon any rights. You also agree that we have the right to pursue legal action against any person or entity that violates your or our rights in User Content by breaching these Terms.

8. LIVE EVENTS

By attending one of our live events, you acknowledge that the event will be live-streamed and recorded, and that photographs and video segments will be taken throughout the event by TIGRAN GERTZ, as well as by third-party participants such as speakers and sponsors. When purchasing a live event ticket, you understand that this action includes a WAIVER AND RELEASE, and you consent to the following:

I GRANT IRREVOCABLE PERMISSION TO TIGRAN GERTZ AND ALL AFFILIATED COMPANIES TO USE MY LIKENESS IN PHOTOGRAPHS, VIDEOS, OR OTHER DIGITAL MEDIA (“PHOTO”) IN THEIR PUBLICATIONS, INCLUDING WEB-BASED PUBLICATIONS, WITHOUT REQUIRING PAYMENT OR ANY OTHER FORM OF COMPENSATION. I WAIVE ANY RIGHT TO INSPECT OR APPROVE THE FINAL PRODUCT WHERE MY LIKENESS APPEARS AND ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION RELATED TO THE PHOTO’S USE. I ACKNOWLEDGE THAT THERE WILL BE NO COMPENSATION FOR MY TESTIMONIAL. ALL PHOTOS AND VIDEOS WILL BECOME THE PROPERTY OF TIGRAN GERTZ AND ITS AFFILIATED COMPANIES AND WILL NOT BE RETURNED.

I RELEASE TIGRAN GERTZ AND ALL AFFILIATED COMPANIES FROM ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION RELATED TO THIS AUTHORIZATION, WHETHER ON MY BEHALF OR ON BEHALF OF MY ESTATE, AND I WILL NOT TAKE ANY LEGAL ACTION IF MY TESTIMONIAL IS CUT OR NOT USED, AS THIS IS AT THE ARTISTIC DISCRETION OF TIGRAN GERTZ AND ITS AFFILIATES. I ALSO AGREE THAT ANY CLAIMS WILL BE ARBITRATED THROUGH THE AMERICAN ARBITRATION ASSOCIATION, AND THE JURISDICTION FOR ANY AND ALL CLAIMS IS DETERMINED BY THE APPLICABLE STATE OR PROVINCE.

I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE ALL CLAIMS ARISING FROM OR RELATED TO SUCH USE BY TIGRAN GERTZ AND ITS AFFILIATED COMPANIES, INCLUDING CLAIMS FOR LIBEL OR INVASION OF PRIVACY. I CONFIRM THAT I HAVE READ THE PROVIDED RELEASE AND UNDERSTAND ITS CONTENTS. THIS RELEASE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ANY OTHER AGREEMENTS THAT MAY EXIST.

Please note that we cannot provide an Invitation Letter or any immigration documentation for obtaining a Visa to travel to the United States. We recommend that international purchasers secure a travel visa before buying a live event ticket. If your country prohibits travel to the United States, we cannot assist with any documentation. Live event tickets are nonrefundable and may only be available for a store credit under specific programs outlined in these terms and conditions.

9. TICKETING AND AGE REQUIREMENT

To gain admission to any Live Event, you must possess a valid Ticket in your name. Each attendee must hold their own Ticket, which will only be valid on the specified day(s) and area(s) of the Event as stated on the Ticket. Entry to the Event is restricted to individuals who meet the minimum age requirements on or before the Event Day. To attend the Event, you must be a minimum of eighteen (18) years of age or older, unless the specific event allows entry for children. Children must have their own Ticket purchased in their name; otherwise, they will not be granted access.

Babies, including those in strollers, portable car seats, diaper bags, backpacks, and strollers, are not permitted at the event, and you will be denied entry if you are accompanied by a baby. Each live event venue has its own set of rules to which the Company must adhere.

To enter the Event, you must present one of the following approved forms of identification that verify your age. No exceptions will be made, even if you are accompanied by an adult or a person with valid identification. Failing to provide valid identification will result in denial of entry, without eligibility for a refund or any other form of compensation, including but not limited to incidental and/or consequential damages. Moreover, you must be able to furnish valid identification upon request by a security member or event staff during the Event. Failure to provide such identification may lead to your immediate removal from the Event, with no Ticket refund.

The following original forms of identification are considered ACCEPTABLE, and your name on the Ticket must match your identification exactly:

• A Government-Issued Passport with a Photo

• A Government Driver’s License with a Photo (U.S. or Canada)

• A Military Identification Card with a Photo

• A Government-Issued Identification Card with a Photo

No other forms of identification will be considered valid.

10. ECOMMERCE

The website has incorporated an online marketplace where users can shop for courses, merch (print on demand), tickets for live events, as well as booking and subscription for coaching.

Applicability

“These Ecommerce general terms and conditions (the “Conditions”) apply to:

(a) The use of any information, pictures, documents and/or other services offered by TIGRAN GERTZ via (our “Website”);

(b) The Order, Shipping & Delivery, Return & Refunds of any courses, merch (print on demand), tickets for live events, as well as booking and subscription for coaching ordered from the site.

Payment and billing information.

Payments for the purchase of any product can be done with the use of PayPal, & Credit/debit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your TIGRAN GERTZ account, you can do so at any time by logging into your account and editing your payment information.

Pricing and availability.

All prices shown via the Services are in United States Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.

Taxes.

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Shipping and handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.

Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.

Ordering

Orders can be placed 24 hours a day, seven days a week via our website. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.

Refunds

Since your purchase is a digital product, it is deemed “used” after download or opening, and all purchases made on www.tgertz.com and www.goatgang.net are non-refundable or exchangeable. Since the products made available here are intangible, there is a strict no refund policy.

11. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. TIGRAN GERTZ hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. TIGRAN GERTZ shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

12. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use TIGRAN GERTZ as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using TIGRAN GERTZ; (iii) you will not use TIGRAN GERTZ for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using TIGRAN GERTZ.

13. DISCLAIMER OF WARRANTIES

TIGRAN GERTZ IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) TIGRAN GERTZ WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF TIGRAN GERTZ WILL BE UNINTERRUPTED; OR (III) TIGRAN GERTZ IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH TIGRAN GERTZ IS TO UNINSTALL AND CEASE USE OF ALL TIGRAN GERTZ PRODUCTS.

Further and except as expressly provided herein, we are not obligated to maintain or support TIGRAN GERTZ, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of TIGRAN GERTZ and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

14. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF TIGRAN GERTZ OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE TIGRAN GERTZ UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF TIGRAN GERTZ.

15. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of TIGRAN GERTZ; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

16. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of California, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in California, and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO TIGRAN GERTZ OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

17. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

18. CONTACT US

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@tgertz.com , and we will make an effort to reply within a reasonable time-frame.