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terms


Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION. By using this Website (the "Site") or mobile application (the "App") (collectively the "Services"), you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the Services.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

Your continued use of the Services following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.

Restrictions on Use of Materials


The Services are owned and operated by Kent Industries Inc., its subsidiaries, or its affiliates (referred to as Kent Industries Inc., "we," "us," or "our" herein).

Except as otherwise permitted by these Terms of Use, no material from the Services or any Site or App owned, operated, licensed or controlled by Kent Industries Inc. may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, non-commercial home use, or place an order to purchase product from Kent Industries Inc., provided you keep intact all copyright and other proprietary notices.

Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website or App is permitted without the prior written consent of Kent Industries Inc.. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.


Accounts


You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.

You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

 

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others.

If you believe that your account has been compromised, you must immediately contact us by emailing orders@kentstore.com or calling 800.222.5129

Kent Industries Inc. shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Kent Industries Inc. for losses incurred by Kent Industries Inc. or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Content Posted or Submitted by You

Certain pages on the Services may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older.


If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has permitted you to post.


If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Kent Industries Inc.. You may not post or distribute Content that is illegal or that violates these Terms of Use.

By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Services and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.


By submitting or posting Content to the Services, you grant Kent Industries Inc. the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Services, Kent Industries Inc. does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Kent Industries Inc. owns all right, title, and interest in any compilation, collective work, or other derivative work created by Kent Industries Inc. using or incorporating Content posted to the Services.

You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.

Content Posted by Other Users


Kent Industries Inc. is not responsible for and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Kent Industries Inc. be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services.


If you become aware of misuse of the Services by any person, please contact Kent Industries Inc. by emailing orders@Kent Industries Inc..com or calling 800.222.5129


If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Use of Services


Impersonation of others, including an Kent Industries Inc. employee or representative, as well as another user, is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.


You may not without the prior written permission of Kent Industries Inc., use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App.


You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above, or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Kent Industries Inc..

Activities Prohibited on the Services


The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Kent Industries Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Kent Industries Inc.'s sole discretion, engages in any of the prohibited activities.

Prohibited activities include, but are not limited to, the following:


    Using the Services for any purpose in violation of local, state, or federal laws or regulations;
    Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
    Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kent Industries Inc. in its sole discretion or pursuant to local community standards;
    Posting Content that constitutes cyber-bullying, as determined by Kent Industries Inc. in its sole discretion;
    Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
    Posting telephone numbers, street addresses, or last names of any person;
    Posting URLs to external websites or any form of HTML or programming code;
    Posting anything that may be "spam," as determined by Kent Industries Inc. in its sole discretion;
    Impersonating another person when posting Content;
    Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
    Allowing any other person or entity to use your identification for posting or viewing comments;
    Harassing, threatening, stalking, or abusing any person;
    Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Kent Industries Inc., exposes Kent Industries Inc. or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
    Encouraging other people to engage in any prohibited activities as described herein.

Kent Industries Inc. reserves the right, but is not obligated, to do any or all of the following:

    Investigate an allegation that any Content posted on the Services does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
    Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
    Terminate a user's access to the Services upon any breach of these Terms of Use;
    Monitor, edit, or disclose any Content on the Services; and
    Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.


Third-Party Copyrights


If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Kent Industries Inc. as set forth below and providing the following information:


Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.


Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material:

    Your name, address, telephone number, and email address.
    A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
    A signature or the electronic equivalent from the copyright holder or authorized representative.


Send this information by mail to:

Kent Industries Inc.
17 U.S. Highway 206
Unit #2
Augusta, NJ 07822
orders@kentstore.com


In an effort to protect the rights of copyright owners, Kent Industries Inc. maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

 

Intellectual Property


All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Kent Industries Inc. or its suppliers and is protected by U.S. and other copyright laws and international treaties.

 

The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services, is strictly prohibited. Kent Industries Inc. is a registered trademark of Kent Industries Inc., Inc. All other product names contained in the Services are trademarks or registered trademarks of their respective owners.


The use or misuse of these trademarks except as expressly authorized is prohibited. Kent Industries Inc. enforces its intellectual property rights to the fullest extent of the law.

If you have questions concerning the legal notices stated above, you may contact Foot Locker, Inc., Law Department, 330 W. 34th St., New York, NY 10001.

Submissions to Kent Industries Inc.


Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Kent Industries Inc. through the Services becomes the exclusive property of Kent Industries Inc. and Kent Industries Inc. is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission.

The user acknowledges the originality of any submission communicated to Kent Industries Inc. and accepts responsibility for its accuracy, appropriateness, and legality.

Warranty Disclaimer


The Services and the materials, Widgets, and products on the Services are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Kent Industries Inc. disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.


Kent Industries Inc. does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components.


Kent Industries Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Kent Industries Inc.) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.


Limitation of Liability


Under no circumstances, including, but not limited to, negligence, shall Kent Industries Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the Widgets or products, even if Kent Industries Inc. or authorized representatives of Kent Industries Inc. have been advised of the possibility of such damages.

Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

In no event shall Kent Industries Inc.'s total liability to you for damages, losses, and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.

Indemnification

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Kent Industries Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.


Product Orders


All orders placed through the Services are subject to Kent Industries Inc.'s acceptance. Kent Industries Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.


If your payment method has already been charged for an order that is later canceled, Kent Industries Inc. shall issue you a refund.

Typographical Errors

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price, Kent Industries Inc. reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Kent Industries Inc. shall issue a credit to your payment method account.


Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.


Other


These terms shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods.


You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts.


If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Kent Industries Inc.'s failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.


Copyright Notice © 2021 kentstore.com, Inc. All rights reserved.

What are the Kent Industries Inc. SMS Terms & Conditions?

IMPORTANT: The section below titled “Arbitration and Class Action Waiver” requires you to arbitrate claims you may have against Kent Industries Inc. (meaning you cannot bring claims against Kent Industries Inc. in court), and it confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.

View our privacy statement by visiting: https://kentstore.com/privacy/

Arbitration and Class Action Waiver

Please read this carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute or claim relating in any way to your use of Kent Industries Inc. will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Kent Industries Inc. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc.

(“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by these SMS Terms and Conditions, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”), which are in effect at the time of filing of the arbitration (collectively, the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THESE SMS TERMS AND CONDITIONS, YOU AND Kent Industries Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THESE SMS TERMS AND CONDITIONS DO NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Kent Industries Inc. AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and Kent Industries Inc. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Kent Industries Inc., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other JAMS case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the JAMS Rules regarding costs and payment apply.

The Arbitrator’s Decision

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Kent Industries Inc. that an in-person hearing is appropriate. Any inperson appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such

adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Additional Contract Terms

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this Kent Industries Inc. mobile alerts under these SMS Terms and Conditions is governed by the laws of the State of New York, without regard to its conflict of laws principles.

Severability

If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Terms

These SMS Terms and Conditions are subject to change at any time without notice.

Last Updated: November 2018

What are the Kent Industries Inc. Store SMS Terms & Conditions?

IMPORTANT: The section below titled “Arbitration and Class Action Waiver” requires you to arbitrate claims you may have against Kent Industries Inc. (meaning you cannot bring claims against Kent Industries Inc. in court), and it confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.

By participating in Kent Industries Inc. mobile alerts you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. After opt-in you will receive a one-time use code for 25% off of any Kent Industries Inc. in-store purchase that is valid for six (6) months from the date of your opt-in. If you would like to be removed from the Kent Industries Inc. mobile alerts list you must text STOP to 27366 to opt-out. This is the exclusive method for opting out. After texting STOP to 27366 you will receive one additional message confirming that your request has been

processed. Text HELP to 27366 for help or contact customer care at https://www.Kent Industries Inc..com/.

In the event that you change or deactivate your mobile number it is your responsibility to notify Kent Industries Inc. at [www.vibes.com/help] to have your number removed. Most wireless carriers support Kent Industries Inc. mobile alerts. Check with your wireless carrier if you have questions. The wireless carrier does not guarantee that alerts will be delivered and will not liable for delayed or undelivered messages.

Additionally, Kent Industries Inc. reserves the right to alter message frequency at any time (i.e., we may change the frequency of texts that you receive under this program). We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

View our privacy statement.

Arbitration and Class Action Waiver

Please read this carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute or claim relating in any way to your use of Kent Industries Inc. will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Kent Industries Inc. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by these SMS Terms and Conditions, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”), which are in effect at the time of filing of the arbitration (collectively, the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THESE SMS TERMS AND CONDITIONS, YOU AND Kent Industries Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THESE SMS TERMS AND CONDITIONS DO NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Kent Industries Inc. AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Kent Industries Inc. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Kent Industries Inc., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other JAMS case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the JAMS Rules regarding costs and payment apply.

The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Kent Industries Inc. that an in-person hearing is appropriate. Any in person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Additional Contract Terms

Limitation of Liability We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law Except as otherwise provided herein, your use of this Kent Industries Inc. mobile alerts under these SMS Terms and Conditions is governed by the laws of the State of New York, without regard to its conflict of laws principles.

Severability If any term of these SMS Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of

such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Changes to Terms These SMS Terms and Conditions are subject to change at any time without notice.

Last Updated: June 2020