TERMS & CONDITIONS

Welcome to 200FT Viz®. We hope that you enjoy your visit and find that using our website to learn about 200FT Viz, our products, and our wholesale program is easy, productive and fun.

Before using or registering with the 200FT Viz® website, please read the following Terms and Conditions ("Terms") carefully. These Terms govern your access to and use of the 200FT Viz Online website and any products, services, software, tools, applications, features or functionality offered or made available on or through the website, including any 200FT Viz Wholesale personal web pages provided through the website, (the "Site"). Your access to and use of the Sites is expressly conditioned on your acceptance of and compliance with these Terms. By accessing and using our Sites, you expressly consent to these Terms and any violation of these Terms may result in termination of your ability to access and use the Site.

AS DISCUSSED FURTHER BELOW IN SECTION 3, YOU AGREE TO SUBMIT ALL DISPUTES CONCERNING THIS AGREEMENT, YOUR USE OF THE SITE, AND ANY PRODUCTS OR SERVICES YOU PURCHASE FROM 200FT VIZ TO CONFIDENTIAL, BINDING INDIVIDUAL ARBITRATION EXCEPT AS PROVIDED BELOW (HEREINAFTER REFERRED TO AS THE “ARBITRATION AGREEMENT”). BY AGREEING TO THE ARBITRATION AGREEMENT, YOU ARE (1) WAIVING YOUR RIGHT TO PURSUE RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AND (2) ARE ONLY PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST 200FT VIZ ON AN INDIVIDUAL BASIS, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATION AGREEMENT COVERS ALL DISPUTES, INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS. THE ARBITRATION CLAUSE DOES NOT APPLY TO CLAIMS THAT CAN BE BROUGHT IN SMALL CLAIMS COURT AND INTELLECTUAL PROPERTY CLAIMS.

In order to use the Site, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years of age, please do not access, use or register with the Site.

We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

If you are a 200FT Viz Sales Representative or Retailer, your access to and use of the Site (including your personal web page, if any) is also governed by the terms and conditions of your Reseller Agreement, including the 200FT Viz Policies and Procedures.

As used in these Terms, "we," "our," "us" and "200FT Viz" refers to 200FT Viz, including its subsidiaries and affiliates.

1. Registration or Guest Checkout

When and if you set up an account with us and register to place orders through the Site or opt to place orders using the guest checkout option on the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our forms (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. Your Use of the Site

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your Submissions, as defined in Section 4 below), solely as made available by us and solely for your own personal purposes. 

The Site, including all such materials and all intellectual property rights therein, remain the property of 200FT Viz or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without the written consent of 200FT Viz. While using the Site, you agree not to:

•Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

•Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
•Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

•Violate any applicable laws or regulations;

•Express or imply that any statements you make are endorsed by us, without our prior written consent;

•Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’ intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

•Engage in spamming or flooding;

•Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

•Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

•Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;

•"Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URL located at / or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;

•Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site; or

•Harvest or collect information about users of the Site without their express consent.

We may terminate your access to and use of the Site immediately if you fail to comply with the above rules.

3. ARBITRATION AGREEMENT AND DISPUTE RESOLUTION PROCESS

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES, WITH LIMITED EXCEPTIONS, WITH 200FT VIZ, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. SECTION 3 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”, AS NOTED ABOVE.

EXCEPT AS PROVIDED BELOW, THIS SECTION LIMITS CERTAIN RIGHTS THAT WILL NOT BE AVAILABLE IN ARBITRATION, INCLUDING: THE RIGHT TO MAINTAIN A COURT ACTION; THE RIGHT TO HAVE JUDICIAL APPELLATE REVIEW OF THE ARBITRATOR’S FINDINGS; THE RIGHT TO A JURY TRIAL; AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM.

Scope of Arbitration Agreement. To the fullest extent permitted by applicable law, you and 200FT Viz agree that any dispute or claim arising out of or relating in any way to these Terms, your visit to the Site, our Products (including but not limited to product liability actions), or any purchase, return or other transaction with 200FT Viz or our Sales representativess, affiliates, or vendors (each, a “Claim”) shall be resolved through binding arbitration rather than in court, except as provided below.

Limitations of Arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The Federal Arbitration Act and federal arbitration law apply to these Terms.

Small Claims Court. In lieu of arbitration, either you or 200FT Viz may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as the matter remains in such court and advances only on an individual basis, non-class, non-representative basis.

Intellectual Property Claims. Notwithstanding the other provisions in this Section 3, if 200FT Viz has a reasonable basis to believe that you have in any manner violated or threatened to violate any of 200FT Viz’s intellectual property rights, 200FT Viz may bring suit in any state or federal court in the state of Georgia, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the state of Georgia.

Initiating Arbitration. Any party who intends to seek arbitration must first provide to the other party a written notice of the Claim (“Notice”), describing the facts and circumstances of the Claim and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to: ATTN: Legal Department, 200FT Viz at 168 Towne Lake Pkwy, Woodstock, GA 30188 or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within 90 days after the Notice is received, either party may commence arbitration. Notice of any Claim must be provided within one year after the Claim arises, or it shall be barred forever, to the fullest extent permitted by applicable law.

Procedures. The arbitration will proceed in the English language, in accordance with either the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules or the Commercial Arbitration Rules and Mediation Procedures, depending on the nature of the dispute, and as amended by these Terms. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location.

Class Action Waiver. To the fullest extent permitted by applicable law, you and 200FT Viz agree that ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. To the fullest extent permitted by applicable law, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Unless we both agree in writing, the arbitrator may not consolidate the claims of other persons with yours, or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding.

Authority of the Arbitrator. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

Batch Arbitrations. To increase efficiency of resolution, in the event 10 or more similar arbitration demands against 200FT Viz, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 10 demands per batch (plus, to the extent there are less than 10 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with 200FT Viz and the arbitration provider to implement such a batch approach, or an approach similar to the batch approach described above, including but not limited to procedures, costs, and fees. This batch approach will not apply for product liability claims.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Survival After Termination. This Section 3 will survive after the Terms terminate or your use of the Site ends. If any portion of this Section is found to be void or unenforceable as to a particular Claim, then that Claim (and only that Claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state court in Georgia.

4. Your Submissions

In the event that you post or upload to the Site, or otherwise submit to 200FT Viz as part of your use of the Site, any materials including, without limitation, photographs and other images, text, graphics, sounds, data, links and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in connection with the Site. Except for the foregoing license, we do not claim ownership of any copyright in your Submissions. You represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to your Submissions, and that your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Site; to protect our affiliates, distributors, partners, licensors, advertisers, sponsors, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

We recommend that you keep back-up copies of your Submissions on your hard drive or other personal system, as the Site is not intended to be used as a back-up solution for storing your Submissions.

5. Forums

The Site may permit users to share their Submissions with other users, including through our user forums ("Forums"). Some Forum participants may use anonymous screen names and may have no other connection with 200FT Viz. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of 200FT Viz. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums.

6. Making Purchases

If you wish to purchase any products or services through the Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All purchases of 200FT Viz skincare products through the Site by customers are subject to our Customer Satisfaction Guarantee, which can be viewed at our Refund Policy. If you are a 200FT Viz Reseller, the terms of your Reseller Agreement, including the 200FT Viz Policies and Procedures, also apply to your purchases through the Site.

7. Product Information

All material and information presented by 200FT Viz is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: this Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. 200FT Viz does not give or intend to give any answers to medical related questions and this Site does not replace any medical professional or medical resource. 200FT Viz does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

8. Copyright Issues 

200FT Viz is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:

200FT Viz

ATTN: Copyright Protection
168 Towne Lake Pkwy

Woodstock, GA 30188
Email: 
Info@divegeorgia.com

9. Term and Termination

These terms shall remain effective until terminated as set forth herein. We may immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, upon notice to you. Upon termination of these Terms, you will cease all use of the Site. If you are a 200FT Viz Reseller, you may have different or additional rights and obligations with respect to use of the Site as set forth in our Minimum Advertised Price Policy. Except for the license to access and use the Site granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.

10. Third-Party Websites, Software and Sites

The Site may direct you to websites operated by third parties and/or products and services offered by third parties, including the RF Mall ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Site directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

11. Mobile Services

If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

12. Access By Minors

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

13. Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, sales representativess, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees—except where prohibited by law) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Site.

14. Disclaimer of Warranties

THE SITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 200FT VIZ AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF 200FT VIZ OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER 200FT VIZ NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, SALES REPRESENTATIVESS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES), EVEN IF 200FT VIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF 200FT VIZ ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITEIS LIMITED TO THE AMOUNT YOU PAID TO US. IN ALL CASES, 200FT VIZ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

16. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Sales Support department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

17. Miscellaneous

These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Atlanta, Georgia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If you have any questions or comments regarding these Terms, please contact us.

Updated 10/3/2023