Terms of Service

Effective May 10, 2022

1. INTRODUCTION

Welcome to pheromoneXS.com! Aser Gruppe International, Corp. ("AGI" or "Company") recommends that you read the following terms and conditions carefully. By accessing or using the pheromoneXS.com website, including any software or mobile applications, or customer service portals made available by AGI (together, the "Website" or "Service"), however, accessed or used, or using any products ordered through AGI (“Products”), you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between AGI and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.

If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Service, and you must immediately cease accessing or using the Service.

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.

1. PRIVACY POLICY

By using the Service, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and AGI’s Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://pheromonexs.com/pheromoneXS-privacy. AGI encourages you to frequently check the Privacy Policy for changes.

1. PHEROMONES; NO MEDICAL ADVICE; MINIMUM AGE

AGI offers various Products and services related to pheromones.  Additional information about the synthetic pheromones in AGI’s products, and background information regarding pheromones generally is available on our FAQ page, in the section entitled “All About Pheromones.” AGI also provides a forum for pheromone enthusiasts at https://discoverXS.com, which contains additional information posted by Third Parties. Users of pheromones experience a range of results, and some experience no result at all.  For this reason, AGI cannot promise you will experience a specific result in your use of any Product.

You understand and agree that nothing on the Website or provided through the Service is intended as or should be construed as medical advice. AGI is not a medical organization and cannot give you medical advice or any diagnosis. While the Products are generally recognized as safe for use as directed, you are urged and advised to seek the advice of a physician before using any Products if you have concerns about use of the Product in conjunction with medication you are taking or a health condition you have. 

By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law.  If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

1. PAYMENTS & REFUNDS

You acknowledge and agree that AGI reserves the right to charge for access to the Website and use of the Services. All transmissions of payment information between you and the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. We collect your name, address, and payment information to process your order. All prices and payments are in U.S. dollars ($USD), and are before shipping fees and taxes. For the most up-to-date information about shipping rates, please visit our Shipping page at https://pheromonexs.com/pheromoneXS-shipping. 

If you are not fully satisfied with the Products and services purchased by you on the Website, you may request a refund by calling customer service at (901) 328-6433 or emailing us at support@pheromoneXS.com. All refund requests must be within forty-five (45) days of the date you received your order. You agree to comply with all instructions provided by our customer service agents related to your refund and return of any unused product. AGI cannot refund shipping costs if any exist, and you agree to be responsible for the same in addition to any return shipping costs.  It can take up to five (5) business days for the refund to be credited back to your payment card.  All sales of Custom Blends are FINAL and non-refundable.

1. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. AGI reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing Service. Unless AGI obtains your express consent, any revised Privacy Policy will apply only to information collected by AGI after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

1. LICENSE

Subject to your compliance with these Terms of Service, AGI grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the AGI websites (located at the following URLs: pheromoneXS.com, discoverXS.com), and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of AGI. All rights not expressly granted in this Agreement are reserved by AGI. Without limitation, this Agreement grants you no rights to the intellectual property of AGI or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of AGI, you have breached any provision of this Agreement.

1. NO RELIANCE ON THIRD PARTY CONTENT

Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. AGI does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will AGI be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.

1. ASSUMPTION OF RISK; RELEASE

You knowingly and freely assume all risk when using the Products and Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify AGI and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Products and Service.

1. USER ACCOUNT, ACCURACY, AND SECURITY

User Account

To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal “Profile.” You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. If AGI believes in its sole discretion that the information you provide is not current, complete, or accurate, AGI has the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both. For additional information, see AGI’s Privacy Policy.

Account Security 

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify AGI immediately of any unauthorized use of your Account. AGI shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by AGI, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

1. CONTENT UPLOADED OR POSTED BY YOU

User Content 

"User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. For example, User Content includes information or photos posted by you in any Account profile, reviews, or forum or leaderboard messages posted by you.

License of User Content

You retain ownership of your User Content; however, AGI requires the following license from you in order to allow your User Content to be displayed on the Website. By submitting, uploading, or posting User Content in any form through, or to the Service, you grant the Company Parties a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable, assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Service, in any medium now existing or later devised, including without limitation in advertising and publicity, and in the generation of Data (which belongs exclusively to AGI) through AGI’s proprietary means. You agree to waive, and waive, any claims arising from or relating to the exercise by the Company Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section, and you agree that the consideration therefor is merely your use of the Service and any benefits derived by you therefrom.

Your Responsibility for User Content 

You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the Company Parties under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with AGI's prohibitions against Objectionable Content, as detailed below.

You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Service that is deemed defamatory or otherwise legally actionable. AGI is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other User Content or other content posted or made available through the Service.

Objectionable User Content 

You agree that you shall not use the Service to upload, post, transmit, display, perform, or distribute any User Content or other information or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other AGI agreement or policy, including without limitation AGI's Privacy Policy; (i) disclose another's personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contain images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); or (m) are generally offensive, rude, mean-spirited, or in bad taste, as determined by AGI in its sole discretion (collectively, "Objectionable Content"). AGI disclaims any perceived, implied, or actual duty to monitor content made available through the Service, and specifically disclaims any responsibility or liability for information provided on the Service. Without limiting any of its other remedies, AGI reserves the right to terminate your use of the Service or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. AGI, in its sole discretion, may delete any Objectionable Content from its servers, but has no responsibility to you to do so. AGI intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

1. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY

By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from AGI, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at support@pheromoneXS.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

1. THIRD PARTY WEBSITES

The Service may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with AGI and some of whom may not. AGI does not have control over the content and performance of Third Party Websites. AGI has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, AGI does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. AGI disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

1. PROHIBITED CONDUCT

AGI imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to AGI or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from AGI, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Service.

1. INTELLECTUAL PROPERTY

You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Trademarks 

AGI, the AGI logo, PheremoneXS and DiscoverXS (collectively, the "Company Marks") are trademarks or registered trademarks of AGI. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of AGI, and you agree to assign, and do assign, all such goodwill to AGI. You shall not at any time, nor shall you assist others to, challenge AGI’s right, title, or interest in, or the validity of, the Company Marks.

Copyrights 

All content and other materials available through the Service, including without limitation the AGI logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by AGI or are the property of AGI’s licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.

DMCA Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes their rights under U.S. copyright law. AGI complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.

If you believe in good faith that material appearing on the Website infringes your copyright, you may send AGI a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to AGI’s Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

• Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Website are covered by a single notification, you may provide a representative list of such works on the Website; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them; 
• Identification of the URL or other specific location on the Website that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material; 
• Your name, address, telephone number and email address (if available); 
• The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf; 
• A statement that you have a good faith belief that use of the material on the Website as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and 
• A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit your DMCA Notice to AGI's Copyright Agent by mail or email:

Aser Gruppe International, Corp.

Attn: Copyright Agent

P.O. Box 277

Munford, TN 38058

support@pheromoneXS.com  

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Website are infringing a copyright.

If you believe in good faith that your own copyrighted material has been removed from the Website as a result of mistake or misidentification, you may submit a written counter-notification letter to AGI's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter-notification under the DMCA, your written correspondence must include substantially the following:

• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; 
• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Tipton County, Tennessee if your address is outside the United States; 
• A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
• Your name, address and telephone number; 
• A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and 
• Your physical or electronic signature.

You may submit your counter-notification to AGI's Copyright Agent by mail or email as set forth above.

Upon receipt of a counter-notice, AGI's Copyright Agent may send a copy of it to the original complaining party informing that party that AGI may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against AGI, the removed content may be replaced or access to it restored by AGI.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter-notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

1. DISCLAIMERS, LIMITATION OF LIABILITY

No Warranties

AGI, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Products and Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither AGI nor its licensors or suppliers warrants that the Products or Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. AGI disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. AGI shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of AGI, Company Parties, or AGI users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data. 

You agree that your use of the Products and Service is at your sole risk. You will not hold AGI or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Products and/or Service, including without limitation any allergic reactions, skin conditions, loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability 

In no event shall AGI or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to AGI or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between AGI and you. The Products and Service would not be provided without such limitations.

Application of Disclaimers 

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and AGI or between you and any of AGI’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. AGI’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Products or Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

1. INDEMNIFICATION

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless AGI and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to AGI, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and AGI, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service or Products; (iv) your provision to AGI or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Section 13 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

1. DISPUTE RESOLUTION

Binding Arbitration 

If you and AGI cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, AGI will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse AGI for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. AGI may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.

Restrictions Against Joinder of Claims

You and AGI agree that any arbitration shall be limited to each Claim individually. You and AGI agree that each may only bring claims against the other in your or AGI’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or AGI from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or AGI from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Tipton County, Tennessee.

Venue for any Judicial Proceeding

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Tennessee, and shall be governed by and construed in accordance with the laws of Tennessee without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Tipton County, Tennessee. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

1. TERMINATION

By Company 

Without limiting any other provision of this Agreement, AGI reserves the right to, in AGI’s sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by AGI.

By You 

You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to AGI notice of your intention to do so, in the manner required by Section 19.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, AGI may, but has no obligation to, in AGI’s sole discretion, rescind any services and/or delete from AGI’s systems all your Personal Information and any other files or information that you made available to AGI or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.

After termination, AGI reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Survival 

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-3, 6-8, and 11-20.

1. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. AGI shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to AGI. You agree that any notice received from AGI electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with AGI is accurate and current, and notice to you shall be deemed effective upon the sending by AGI of an email to that address. You shall give any notice to AGI by submitting said notice to us at support@pheromoneXS.com.  

1. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between AGI and you concerning your use of the Service.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of AGI, or by the unilateral amendment of this Agreement by AGI along with the posting by AGI of that amended version.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of AGI. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and AGI are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and AGI’s licensors and suppliers (to the extent expressly stated in this Agreement).

Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to AGI and AGI’s licensors and suppliers, and would therefore entitle AGI or AGI’s licensors or suppliers, as the case may be, to injunctive relief.

Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.