Updated November 30, 2020

Our Privacy Policy and Terms of Service set forth the terms and conditions on which you may use this site. You should read this entire document carefully. You will be bound by our Terms of Service and Privacy Policy when you use this site. You should not use this site if you do not wish to be bound by our Terms of Service and Privacy Policy.

We may amend our Terms of Service and Privacy Policy at any time by publishing the amended version on this site.

When used in our Terms of Service and Privacy Policy, the following terms have the following meanings:

The “site” means the website www.bodyageinsights.com, including the home page of www.bodyageinsights.com and any other page, information, or service you receive from us in connection with your use of the site, and any predecessor or successor site, irrespective of whether you use the site on a desktop computer, mobile computer or “smartphone,” or other platform;
“Forsan”, “we”, “us”, “our”, and the “Company” mean Forsan Ventures Inc.; and
“you” and “your” mean you, the person using our site or otherwise engaging with us.

We respect your privacy, and protecting your private information is important to us. This Privacy Policy summarizes our privacy practices. Its purpose is to explain briefly the type of information we collect about you, how we collect it, and what we do with it.

By using this site, you consent to the privacy practices described in this Privacy Policy. If you do not consent to these practices, then you must not use this site.

Information We Collect from You

We do not collect any personal information about you that you do not share with us. You may be required to share certain information with us, however, in order to use the site. The categories of information that you share with us when you use the site include the following:

Site Inputs. We collect information you input when you use the site. This information may include your age, sex, height, weight, and other physical characteristics, demographic data, and any other information you voluntarily provide.
Connection Information. We collect information about how you access the site. This information may include your Internet Protocol (IP) address, the type of browser and device you are using, and other information related to your connection to the site.

It is possible that the information described above, when considered as a whole, could be used to personally identify you, but we do not intend to use the information for that purpose.

How we Share Your Information

We may disclose the information you share with us to the following persons:

Our Partners. We may share data with our trusted partners to help perform statistical analysis, provide customer support, or improve the site. These trusted partners may include advertising networks or brokers or other agents, as well as consultants and other service providers who have agreed to help us publicize the site or enhance its content or operation. We may also contract with third parties to develop statistical profiles of our users based on the information they share with us. Any third parties to whom we disclose your personal information are prohibited from using it except to provide these services to us, and they are required to treat it as confidential.
Law Enforcement. We may disclose your personal information if we believe disclosure is reasonably necessary to: (a) comply with the law, including any legal process served on Forsan or the site; (b) protect and defend the rights or property of Forsan; or (c) act under exigent circumstances to protect the personal safety of users of Forsan, or the public.

We do not sell, rent, or lease customer lists to third parties.

Automatically Collected Information

As disclosed earlier, certain information about your computer hardware and software may be automatically collected by Forsan when you use the site. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Forsan website.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Right to Deletion

Because we do not collect information with the intent of personally identifying you, it may not be possible for us to identify which information in our systems was supplied by you. For that reason, we may not be able to delete personal information provided by you in response to a request for deletion.

But subject to certain exceptions set out below, upon receipt of a verifiable request from you, and provided that we are able to identify the personal information that we collected from you, then we will:

delete your personal information from our records; and
direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if maintaining your personal information would be necessary to:

complete the transaction for which the personal information was collected, provide a good or service requested by you, or perform a service reasonably anticipated within the context of our ongoing business relationship with you;
detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
debug the site to identify and repair errors that impair existing intended functionality;
exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
comply with applicable law, including any contractual or other legal commitment we may have;
engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Our Response to “Do Not Track” Signals

The site currently does not track or collect data about you over time or across third-party websites and services. Because such data is not tracked or collected, “Do Not Track” requests or other signals that may be sent by your web or mobile browser on your behalf will not affect the operation of the site or the personal information that we collect about you.

It is possible that our partners, including advertising networks or brokers or other agents, may track or collect data from you when you use the site. These parties may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services tailored to your interests.

You may be able to opt out of this type of advertising. To learn more, please visit optout.networkadvertising.org.

Third-Party Cookies and Web Beacons

The site includes third-party advertisements. Some of these advertisements may use technology such as cookies and web beacons. Cookies are short strings of code downloaded and stored on your system when you visit the site. Web beacons are invisible elements (such as transparent, single-pixel graphics) embedded in the site and loaded by your browser when you visit the site. Advertisers use cookies and web beacons to gather information such as your IP address, your ISP, the browser you used to visit the site, and whether you have Flash installed. These advertisers include Google (through the Google AdSense program) and third-party vendors and advertising networks or brokers.

The information gathered from you through cookies and web beacons is not intended to personally identify you but can be used to track the websites, including our site, that you have visited. Advertisers use this information to serve you more relevant ads. For example, if in the past you browsed websites related to cooking, then you may be served cooking-related ads when you use our site. And as a result of using our site, you may be served ads related to the content of our site when you browse other websites in the future.

You can choose to disable or selectively turn off third-party cookies in your browser settings, or by managing preferences in your browser. Setting your browser to decline cookies should also prevent web beacons from tracking your activity. You may also be able to opt out of some third-party cookies by visiting www.aboutads.info.

Turning off or disabling cookies and web beacons may affect how you are able to interact with our site as well as other websites. It may also make the advertisements you see on our site and other websites less relevant to you.

Children Under Eighteen

We do not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this site.

External Data Storage Sites

We may store your data on servers provided by third-party hosting vendors with whom we have contracted.

Changes to this Statement

We reserve the right to change this Privacy Policy at any time and from time to time. Any changes to this Privacy Policy will become effective upon publication of the updated policy on this site. Because we do not collect contact information from our users, we are unable to provide personal notice of changes to this Privacy Policy. Your continued use of the site after such changes have been published will constitute your acknowledgment of the updated Privacy Policy and your agreement to abide by and be bound by it.

Contact Information

We welcome your questions or comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy in any respect, please contact us by mail to:

Forsan Ventures Inc.
c/o A Registered Agent, Inc.
8 The Green, Suite A
Dover, Delaware 19901

Effective Date

This Privacy Policy is effective as of November 30, 2020.

The site is a copyrighted work belonging to Forsan. Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. DISCLAIMER

The site contains only general information and is not intended to diagnose, treat, cure, or prevent any disease. No such reliance should be placed on any information appearing on the site.

A person’s health and longevity depend on many factors, and every person is different. You should consult with a licensed physician before making any decision based on the information on the site. Forsan will not accept liability for any action or omission in reliance on the information on the site, and all such liability is expressly disclaimed.

2. ACCESS TO THE SITE

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the site solely for your own personal, noncommercial use.

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site, whether in whole or in part, or any content displayed on the site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site; (c) you shall not access the site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the site shall be subject to these Terms. All copyright and other proprietary notices on the site (or on any content displayed on the site) must be retained on all copies thereof.

2.3 Modification. Forsan reserves the right, at any time, to modify, suspend, or discontinue the site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the site or any part thereof.

2.4 No Support or Maintenance. You acknowledge and agree that Forsan will have no obligation to provide you with any support or maintenance in connection with the site.

2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the site and its content are owned by Forsan or Forsan’s suppliers. Neither these Terms (nor your access to the site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Forsan and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3. INDEMNIFICATION. You agree to indemnify and hold Forsan (and its directors, officers, employees, agents, successors, and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Forsan reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Forsan. Forsan will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. THIRD-PARTY LINKS & ADS; AFFILIATE LINKS; OTHER USERS

4.1 Third-Party Links & Ads. The site may contain links to third-party websites and services, or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under Forsan’s control, and Forsan is not responsible for any Third-Party Links & Ads. Forsan provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

4.2 Affiliate Links. Some of the Third-Party Links & Ads on the site are also Affiliate Links. “Affiliate Links” are links to third-party websites and services that may compensate us for certain transactions with you. For example, if you click on an Affiliate Link on the site and buy something through the linked website or service, then we may receive a commission on that sale.

4.3 Other Users. Any interactions you may have with other site users are solely between you and such users. You agree that Forsan will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, we are under no obligation to become involved.

4.4 Release. You hereby release and forever discharge Forsan (and each of our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site (including any interactions with, or act or omission of, other site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. ADDITIONAL DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FORSAN (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORSAN (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FORSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the site at any time for any reason at our sole discretion, including for any use of the site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the site will terminate immediately. Forsan will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.

8. GENERAL

8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our site. You agree that the publication of the updated Terms on the site will in all events serve as effective notice of any changes to the Terms, and we will not be required to notify you of changes other than by posting the updated Terms on the site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our site. Continued use of our site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Forsan that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Forsan, and to any subsidiaries, affiliates, directors, officers, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Forsan should be sent to: Forsan Ventures Inc., c/o A Registered Agent, Inc., 8 The Green, Suite A, Dover, Delaware 19901. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, or unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, then we will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Forsan, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Forsan.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Forsan in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FORSAN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Forsan.

(m) Small Claims Court. Notwithstanding the foregoing, either you or Forsan may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Limitation on Mass Arbitration. Notwithstanding the foregoing, we may elect in our sole discretion to suspend the terms of this Arbitration Agreement upon the occurrence of any Mass Arbitration. “Mass Arbitration” shall mean Forsan’s receipt, on any one or more occasions, of a total of ten or more Notices presenting substantially the same claims, or arising out of substantially the same facts, or requesting substantially the same relief (collectively, “Like Notices”). Any election to suspend the terms of this Arbitration Agreement in the event of a Mass Arbitration may be made, and will be effective with respect to a Like Notice upon, the delivery of a notice of such election (a “Suspension Election”) to the party submitting such Like Notice. You agree that, upon your receipt of a Suspension Election with respect to any Like Notice that you had delivered to us, (i) the terms of this Arbitration Agreement shall be immediately suspended with respect to such Like Notice; (ii) you and we will have no further obligation to arbitrate any dispute described in such Like Notice, and no further obligation to pay any fees or costs of the AAA or any other ADR Provider; and (iii) you and we will resolve the dispute described in such Like Notice only in an action properly commenced in a state or federal court of competent jurisdiction. A Suspension Election shall be effective only as to the Like Notices with respect to which it is delivered and shall not be deemed to suspend, terminate, or waive this Arbitration Agreement with respect to any other Notices. Any question surrounding the validity or effect of a Suspension Election shall be decided only by a court of competent jurisdiction and shall not be subject to arbitration.

(q) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of any state or federal court sitting in the Borough of Manhattan in the City of New York.

8.3 Export. The site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Forsan, or any products utilizing such data, in violation of the United States export laws or regulations.

8.4 Disclosures. Forsan is located at the address in Section 8.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

8.5 Electronic Communications. The communications between you and Forsan use electronic means, whether you use the site or send us emails, or whether Forsan posts notices on the site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

8.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Forsan may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

8.7 Copyright/Trademark Information. Copyright © 2020 Forsan Ventures Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party or parties that own the Marks.

8.8 Contact Information:

Forsan Ventures Inc.
c/o A Registered Agent, Inc.
8 The Green, Suite A
Dover, Delaware 19901