Terms of Service

Terms-of-Service Agreement

Last updated: 4-17-2024

This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

By placing an order for products or services from this Website, you state you are of legal age to enter into this agreement, and you accept and are bound by this agreement.

You must not order or obtain products or services from this Website if you (1) do not agree to this agreement, (2) are not the older of (A) at least 18 years of age and (B) legal age to form a binding contract with Eckstut Enterprises, or (3) are prohibited from accessing or viewing sexually explicit content on this Website or any of this Website’s contents, goods, or services by law.

Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You can find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which Eckstut Enterprises provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

This terms-of-service agreement is entered into between you and Eckstut Enterprises LLC, a Nevada limited liability company (“Eckstut Enterprises,” “we,” or “us”). The following agreement and any documents it references (collectively, “agreement”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a visitor or a User. This agreement also applies to the purchase of Pay-Per-Clip Content or a Subscription through the Website.

By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be bound and abide by this agreement. Bookmarking to a page on the Website by which the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is at least 18 years old and the age of majority in their jurisdiction and the content is not illegal in the Territory. If you do not want to agree to this agreement, you must not access or use the Website.

Definitions

“Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.

“Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.

“Fees” means amounts paid or payable to Eckstut Enterprises in exchange for Pay-Per-Clip Content or a Subscription under this agreement using a Payment Method. Fees are posted on the Website.

“Login” means the combination of the unique username and password sold or provided by Eckstut Enterprises to the User and used to access the Website.

“Payment Method” means a current, valid, accepted method of payment, as may be updated on one or more occasions.

“Pay-Per-Clip Content” means the access granted to a User to one or more individual clips after paying a specified amount on a pay-per-clip basis.

“Service” means the limited, nontransferable license to stream or download images and video or other content from the Website and navigate different areas of the Website.

“Subscription” means a User’s paid subscription to the Website.

“User” means an individual who is at least 18 years old and the age of majority in the jurisdiction where they live who purchases Pay-Per-Clip Content, has a Subscription, or otherwise rightfully accesses the Website.

“Website” means https://www.herbiceps.com/.

Changes to Agreement

Eckstut Enterprises may revise and update this agreement on one or more occasions. The Website will require you to review and agree to the amended agreement before you can continue using the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterward. However, any changes to Governing Law and Jurisdiction or Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Agreement to View Adult Material

The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and erotic, nature. The material available on the Website includes graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.

Territory

The Service is for use within a limited territory that excludes all jurisdictions where the content is illegal or subject to age verification measures (“Territory”). Eckstut Enterprises is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws. If we detect Pay-Per-Clip Content or a Subscription is purchased or used outside the Territory, we may disable that Pay-Per-Clip Content or Subscription so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.

Accessing the Website

We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements necessary for you to have access to the Website and its content.

Your Account

To access the Website or some of the resources it offers, you must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state that (1) all account registration information you provide is your own and is accurate; (2) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (3) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone.

You are responsible for keeping your Login confidential. Further, you are responsible for all activities that occur under your Login. You will promptly notify us of any unauthorized use of your Login or any other security breach. You must not sell, rent, lease, share, or provide access to your Login to anyone. We may disable any Login, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement.

We will not be liable for any loss that you might incur as a result of another person using your Login, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your Login.

You must not use anyone else’s Login at any time.

We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

Communication Preferences

By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to your email address given during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in Login or Payment Method, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications we send you electronically will satisfy any legal communication requirements, including that these communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, image, video, and audio, and the design, selection, and arrangement of it) are owned by Eckstut Enterprises, its licensors, or other providers of those materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We hereby grant you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

• You may view any materials to which you have properly gained access for your personal, noncommercial use and not for further reproduction, publication, or distribution.

• If we offer images or videos for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use.

• If we provide social media features with certain content, you may take those actions as are enabled by those features.

You must not:

• Download any materials from the Website, unless downloading is enabled by the Website.

• Modify copies of any materials from the Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and Eckstut Enterprises reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.

Eckstut Enterprises’ name and logo; the terms HER BICEPS and HER BICEPS PLUS; and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of Eckstut Enterprises or its affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding exporting data or software to and from the US or other countries).

• To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or try to impersonate Eckstut Enterprises, a Eckstut Enterprises employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we determine, might harm Eckstut Enterprises or the Users or expose either to liability.

Additionally, you must not:

• Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.

• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.

• Use any manual process to monitor or copy any of the materials or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Try to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise try to interfere with the Website’s proper working.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.

This Website might include content provided by nonparties, including materials provided by nonparty licensors. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Eckstut Enterprises, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Eckstut Enterprises’ opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.

Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. The Website’s materials might be outdated at any given time, and we are not required to update those materials.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. For information about how we collect, use, and share your personal information, please review the Privacy Policy.

Subscriptions

Your Subscription will continue and automatically renew until terminated. You must cancel your Subscription before it renews to avoid billing the Fees for the next billing cycle to your Payment Method.

We may offer a number of Subscription plans. Some Subscription plans might have differing conditions and limitations that will be disclosed at your sign-up or in other communications made available to you.

The Fees for the Subscription and any other charges you might incur in connection with your Subscription, including taxes and possible transaction fees, will be charged to your Payment Method on the same date as your original purchase date. The length of your billing cycle will depend on the type of Subscription that you choose. Fees are fully earned on payment. In some cases, your payment date might change, for example, if your Payment Method has not successfully settled, when you change your Subscription plan, or if your paid Subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of Subscription or Service-related charges through various methods, including authorizing it up to approximately one month of Service as soon as you register.

To purchase a Subscription, you must provide one or more Payment Methods. You hereby authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or no longer available to us for payment of your Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, including foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

We may update your Payment Method using information provided by the payment service providers. After any update, you hereby authorize us to continue to charge the Payment Method.

You may cancel your Subscription at any time, and you will continue to have access to your Subscription through the end of your billing period. To cancel, contact the payment processor identified in the receipt emailed to you or email us at help@herbicepsplus.com. If you cancel your Subscription, your account will automatically close at the end of your current billing period.

We may change our Subscription plans and the price of Subscriptions on one or more occasions; however, any price changes or changes to your Subscription plan will apply no earlier than 30 days after we notify you in writing of the change. If you do not wish to accept the price change or change to your Subscription plan, you may cancel your Subscription before the change takes effect.

If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you hereby waive any disputed charges. You must submit any billing disputes in writing through help@herbicepsplus.com and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.

Pay-Per-Clip Content

You may purchase videos on a title-by-title basis for a one-time fee (displayed at the point of purchase), plus any taxes and currency transmission charges, which are extra costs charged to you. It is your responsibility to check the price before purchasing Pay-Per-Clip Content. If you purchase a video, you may stream it an unlimited number of times for as long as it is available on the Website. If the Website permits download, you may download the video file and retain a single copy for your personal use. You must not (1) transmit or distribute any video through any means, (2) publicly exhibit any video, (3) resell views of any video, or (4) allow others to use your Login to watch a video. Eckstut Enterprises reserves all rights not granted.

We accept payment through the Payment Methods identified on the Website before checkout. All Pay-Per-Clip Content purchases are one-time charges, meaning we will not charge you again unless you purchase another clip. Unless the Website says otherwise, you must have a valid Payment Method to make a purchase. You must comply with any relevant terms or other legal agreement, whether with Eckstut Enterprises or any other person that is not a party, which governs your use of a given Payment Method. You must pay in advance for Pay-Per-Clip Content. We will charge your Payment Method for the price listed for the applicable Pay-Per-Clip Content, plus any added amounts for taxes, bank fees, and currency fluctuations.

We may adjust pricing for Pay-Per-Clip Content at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

Refund and Chargeback Policy

Except as provided by law, Fees are nonrefundable once the Login details have been used on the Website or you have viewed or downloaded the Pay-Per-Clip Content, and there are no refunds or credits for partially used Subscription periods. Nonuse of a Subscription or inability of User to access the Pay-Per-Clip Content or the Website through no fault of Eckstut Enterprises are not grounds for a refund of Fees. If you believe exceptional circumstances exist for a refund, please email us at help@herbicepsplus.com. If we issue a refund in our sole discretion, we will issue that refund in the form of a credit to the Payment Method used to make the original purchase. We will not issue refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and Eckstut Enterprises. Issuing a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section does not affect any statutory right to receive a refund from Eckstut Enterprises that a User might have under law.

We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests to your payment card provider. You will remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent Chargebacks, and we may prevent you from making additional purchases during that review. If we determine that any Chargeback request is fraudulent or was made by the User in bad faith, we may suspend and terminate your Subscription or access to Pay-Per-Clip Content or any future Subscription or Pay-Per-Clip Content you purchase.

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use these features solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage or your profile page.

• Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable any social media features and any links at any time without notice.

Links from the Website

If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

Term and Termination

This agreement begins when you first use our Service and continues so long as you use our Service or have a Login with us, whichever is longer. Subscriptions will continue for the length of the Subscription and will automatically renew until canceled. For Users who do not have a Subscription, (1) Eckstut Enterprises may terminate this agreement for any reason by providing 30 days’ prior notice, and (2) applicable Users may terminate at any time by deleting their accounts.

If you breach this agreement, Eckstut Enterprises may (1) suspend or limit your access to the Website or (2) terminate this agreement immediately, with or without notice.

Warranty Disclaimers

You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (1) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (2) by your downloading of any materials posted on the Website or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Eckstut Enterprises offers the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranties, either express or implied. Neither Eckstut Enterprises nor any person associated with Eckstut Enterprises is making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website or the Service. Neither Eckstut Enterprises nor anyone associated with Eckstut Enterprises is making any warranty that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Website or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the extent provided by law, Eckstut Enterprises is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for a particular purpose.

The preceding does not affect any warranties that cannot be excluded or limited under law.

Limitation of Liability

To the extent provided by law, in no event will the collective liability of Eckstut Enterprises and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of US$250 or the Fees you have paid to Eckstut Enterprises in the last six months out of which liability arose.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by services you purchase through the Website.

The preceding does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify Eckstut Enterprises, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of this agreement or your use of the Website, including, but not limited to, any use of the Website’s content and services other than as expressly authorized in this agreement or your use of any information obtained from the Website.

Governing Law

Nevada law governs all adversarial proceedings arising out of this agreement or access or use of the Website.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Dispute Resolution and Binding Arbitration

You and Eckstut Enterprises are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules (the “AAA Rules”) then in effect, except as modified by this arbitration provision. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act governs the internation and enforcement of this arbitration provision.

The arbitrator will have exclusive authority to resolve any dispute regarding arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction.

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted in Las Vegas, Nevada.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to arbitration on an individual basis. In any dispute, neither you nor Eckstut Enterprises will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver must only be raised in a court of competent jurisdiction.

If any provision of this Arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Jurisdiction

If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Nevada or, only if there is no federal subject matter jurisdiction, in a state court of Nevada sitting in Las Vegas.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or access or use of the Website, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to Bring Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.

Entire Agreement

This agreement constitutes the entire understanding between the parties regarding access or use of the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Eckstut Enterprises regarding access or use of the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

No Transfer

This agreement is personal to you. You shall not transfer to any other person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer in violation of this provision will be void.

Waiver

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

Severability

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

Feedback

We encourage you to provide feedback about the Website or the Service. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Your Comments and Concerns

This Website is operated by Eckstut Enterprises LLC, 8724 Spanish Ridge Ave, Suite 115, Las Vegas, NV 89148.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to help@herbicepsplus.com.