Terms of Use

Cedar Fort, Inc. Terms of Use

Last Updated: October 4, 2022

These Terms of Use govern your use of and access to the Cedar Fort Sites. By accessing or using the Cedar Fort Sites, or by otherwise accepting these Terms of Use, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the Cedar Fort Sites is unauthorized.

In these Terms of Use:

• When we say “Cedar Fort”, we mean Cedar Fort, Inc. and any subsidiaries and affiliates of Cedar Fort (including any that Cedar Fort may form or acquire in the future). We also refer to Cedar Fort as 'we', 'us' and 'our' - we hope these Terms of Use read better that way.

• When we say “Cedar Fort Sites”, we mean www.CedarFort.com, the CedarFort.com apps, and all related services, content, functionality, and transactions offered by Cedar Fort on or through www.CedarFort.com and the CedarFort.com apps. Cedar Fort Sites do not include the websites of our affiliates.

• When we say “you” or “your” we mean users of the Cedar Fort Sites (like you!).

• When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the Cedar Fort Sites (and any updates to those terms and policies).

IMPORTANT: BY USING THE CEDAR FORT SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH CEDAR FORT THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 13 AND 14.

While all of these Terms of Use contain important points, please note the warranty disclaimers and limitations on Cedar Fort’s liability explained in sections 9 and 10 in particular. As a continuously evolving shopping platform, we must disclaim or limit our liabilities and products relating to the Cedar Fort Sites.

We’ll continue to update these Terms of Use over time - we explain that in section 15.

1. Placing an Order on Cedar Fort
Account Registration & Guest Checkout
To make a purchase on Cedar Fort, you must either register for an account or you may choose to checkout as a guest. You must be at least 18 years old to place an order on Cedar Fort.

You agree that all information you provide will be true and complete. You agree to keep your Cedar Fort username and password confidential, and to access the Cedar Fort Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account and/or your guest checkout access.

Certain Cedar Fort Site functionality and offers may not be available to you if you choose to checkout as a guest.

Please notify us immediately of any suspected unauthorized activity on your account or regarding your guest checkout access by sending an email to privacy@cedarfort.com.

Shipping
Cedar Fort ships worldwide, though there may be some locations that we are unable to ship to based on availability or price.

Orders and Pricing
A product’s strikethrough price is what we believe to be a representative online price for such product, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis.

As you shop on the Cedar Fort Sites, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.

Pricing errors, out-of-stock and other errors occasionally occur on the Cedar Fort Sites. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

In addition, if any item you request becomes unavailable on the Cedar Fort Sites, we may cancel your order or - alternatively - instead of canceling your order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If we do this, of course we’ll only charge you the price quoted in your Cedar Fort purchase order.

Taxes
Items sold on the Cedar Fort Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination.

Unless specifically indicated on the checkout page, Cedar Fort is the seller of items purchased on the Cedar Fort Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.

If Cedar Fort is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.

Title and Risk of Loss
Title to the items purchased by you on the Cedar Fort Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by Cedar Fort.

Returns and Refunds
Returns and refunds are available only as described in our Returns/Refund policy. While Cedar Fort will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders. Discount codes cannot be used after their time limit.

Resale
We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from Cedar Fort with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, per guest user, credit card, shipping address, person, household or order for any reason.

2. Accuracy, Completeness and Timeliness of Information on the Cedar Fort Sites
The Cedar Fort Sites contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the Cedar Fort Sites, including, without limitation, product images, descriptions, specifications and reviews. The information on the Cedar Fort Sites is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, mis-categorized, or not helpful. (Although hopefully it isn’t!) Product information contained on the Cedar Fort Sites may differ from information contained on the actual product materials. Before you act on information you find on the Cedar Fort Sites, you must independently confirm any facts about the item(s) that are important to your decision. If you purchase a product that is not as described, your sole remedy against Cedar Fort is to return it and/or request a refund in accordance with our Returns/Refund policy. If you find an error or notice something that doesn't look right on the Cedar Fort Sites, we would appreciate it if you let us know by contacting us at feedback@cedarfort.com. Your feedback is a big part of what makes Cedar Fort better.

Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the Cedar Fort Sites, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The Cedar Fort Sites do not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.

3. Privacy
You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication. (Monitoring and recording calls and emails helps us get better at helping you!)

4. Use of Materials on the Cedar Fort Sites
All content on the Cedar Fort Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Cedar Fort, other content providers (such as Cedar Fort’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Cedar Fort Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the Cedar Fort Sites. Cedar Fort, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Cedar Fort Sites, including all associated intellectual property rights. Cedar Fort neither warrants nor represents that your use of materials on the Cedar Fort Sites will not infringe rights of third parties.You may access the Cedar Fort Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

Any other use of the material on the Cedar Fort Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Cedar Fort Sites, or use of the Cedar Fort Sites for purposes competitive with Cedar Fort, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Cedar Fort Sites as they may be updated from time to time.

5. This paragraph is intentionally removed.

6. Restrictions on Access and Use
When accessing and using the Cedar Fort Sites, you agree:

You will not do any of these (generally bad) things:

• Violate any law, rule, regulation, or these Terms of Use;

• Engage in conduct that is fraudulent or otherwise harmful to Cedar Fort, our partners, or any other user;

• Display to others, mirror, or frame the Cedar Fort Sites, or any component of the Cedar Fort Sites;

• Access the Cedar Fort Sites if we have prohibited you from such access;

• Circumvent any rules or terms set forth on the Cedar Fort Sites including those relating to any promotion, contest or program on the Cedar Fort Sites;

• You will not do any of these (sneaky and annoying) things:

• Access, tamper with, or use non-public areas of the Cedar Fort Sites, Cedar Fort’s computer systems, or the technical delivery systems of Cedar Fort or Cedar Fort’s providers;

• Probe, scan, or test the vulnerability of any Cedar Fort Sites or breach any security or authentication measures;

• Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Cedar Fort Sites;

• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Cedar Fort Sites;

• Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Cedar Fort Sites;

• Collect any personally identifiable information from users of the Cedar Fort Sites or use any such information found on the Cedar Fort Sites;

• Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;

• Use the Cedar Fort Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

• You will not use Cedar Fort Sites or Cedar Fort’s name, logo, brand or identity to do any of these things:

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a Cedar Fort trademark, logo, URL, or product name without Cedar Fort’s express written consent;

• And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

• You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Cedar Fort Sites (such as by attempting to retrieve information from or about the Cedar Fort Sites) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Cedar Fort Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a Cedar Fort Site’s robots.txt file, the more restrictive of the two shall apply.)

If you attempt to access, search, or otherwise use the Cedar Fort Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for Cedar Fort to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that Cedar Fort considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).

If you are accessing the Cedar Fort Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the Cedar Fort Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

7. Notice of Copyright Infringement
Cedar Fort has reserved the right, in its sole discretion, to terminate the access of users of the Cedar Fort Sites who infringe on copyrights of Cedar Fort or others. Cedar Fort has designated an agent to receive notices of claimed copyright infringement relating to the Cedar Fort Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Cedar Fort containing the following information:

• A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

• 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.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

• Contact information for the notifying party, including name, address, telephone number, and email address.

• A statement that you have 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.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

• You must submit your written notice containing the above information by fax, email, or postal to the following Designated Agent:

www.CedarFort.com Copyright Agent 2373 W. 700 S. Suite 100, Springville, Utah 84663 Email: feedback@CedarFort.com

8. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the Cedar Fort Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the Cedar Fort Sites.

9. DISCLAIMER OF WARRANTIES
This section 9 of these Terms of Use is important because Cedar Fort - as an e-commerce platform - disclaims certain warranties and liabilities. You understand this agreement means Cedar Fort will not assume responsibility for many items. We must do this as a company, but we’ll also try to help our shoppers wherever we can (without legal obligations).

We apologize for the all-caps shouting we’re about to do, but these parts are important.

(*takes deep breath*)

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.

THE CEDAR FORT SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CEDAR FORT SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE Cedar Fort SITES IS AT YOUR RISK.

WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

• ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;

• THAT ACCESS TO THE CEDAR FORT SITES WILL BE UNINTERRUPTED OR ERROR-FREE;

• THAT THE CEDAR FORT SITES WILL BE SECURE;

• THAT THE CEDAR FORT SITES OR THE SERVERS THAT MAKE THE CEDAR FORT SITES AVAILABLE WILL BE VIRUS-FREE; AND

• THAT COMMUNICATIONS SENT FROM THE CEDAR FORT SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

• YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE CEDAR FORT SITES AND

• THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE CEDAR FORT SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.

• YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CEDAR FORT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE CEDAR FORT SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “UTAH LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 12), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY
This section 10 of these Terms of Use is also important because Cedar Fort limits many of its liabilities. We must limit our liabilities for many reasons, but mainly because its smart for us to do so as an e-commerce business that wants to provide our platform to you as efficiently as possible.

(*takes another deep breath *)

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CEDAR FORT, CEDAR FORT’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:

• THE CEDAR FORT SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE CEDAR FORT SITES;

• ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;

• ANY DELAY ON OR INABILITY TO USE THE Cedar Fort SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE CEDAR FORT SITES;

• CEDAR FORT’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE CEDAR FORT SITES, OR;

• OTHERWISE ARISING OUT OF YOUR USE OF THE CEDAR FORT SITES;

• IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CEDAR FORT, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CEDAR FORT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE CEDAR FORT SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “UTAH LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 12), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER THE LAW IN UTAH WHERE CEDAR FORT IS BASED, THIS SECTION 10 DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” (UTAH STATUTE 2A:15-5.12). SIMILARLY, THIS SECTION 10 DOES NOT LIMIT CEDAR FORT’S TORT LIABILITY UNDER UTAH LAW RESULTING FROM CEDAR FORT’S OWN INTENTIONAL OR RECKLESS CONDUCT.

11. Indemnification
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Cedar Fort and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Cedar Fort Sites, any content you post or submit to the Cedar Fort Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Cedar Fort reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Cedar Fort if and as requested by Cedar Fort in the defense of such matter.

12. Utah Law Applies
The laws of the State of Utah apply to everything relating to Cedar Fort’s and the Cedar Fort Sites’ relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the Cedar Fort Sites, including the sale of products, content, services, or technology, on or used through the Cedar Fort Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Utah applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the Utah General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Cedar Fort and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section 13.

For purposes of this section 13, we will use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the CedarFort Sites, your (or anybody else’s) access to and/or use of the CedarFort Sites, and/or the provision of content, products, services, and/or technology on or through the Cedar Fort Sites.

In the event of a Dispute, Cedar Fort or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Cedar Fort by email to feedback@cedarfort.com and by U.S. Mail to Cedar Fort, Inc., Legal Notice, to: 2373 W. 700 S. Suite 100, Springville, Utah 84663. To the extent that CedarFort has your contact information, it will send any such notice to you by U.S. Mail and your email address.

We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by email and U.S. Mail. Cedar Fort and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, Cedar Fort or you may resort to the other alternatives described in this section.

Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Cedar Fort Sites shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.

Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Utah, and Cedar Fort you agree to submit to the personal jurisdiction of any state or federal court in Utah County, Utah to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.

Cedar Fort shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Cedar Fort is specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Cedar Fort and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Cedar Fort and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Cedar Fort and you understand that, absent this mandatory arbitration provision, Cedar Fort and you would have the right to sue in court and have a jury trial. Cedar Fort and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If Cedar Fort’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.

You or Cedar Fort may choose to pursue a claim in small claims court where jurisdiction and venue over you and Cedar Fort otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Cedar Fort 30-day advance notice by email to feedback@cedarfort.com and by U.S. Mail to Cedar Fort, Inc., Legal Notice, to: 2373 W. 700 S. Suite 100, Springville, Utah 84663

You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Cedar Fort by email to feedback@cedarfort.com AND by U.S. Mail to Cedar Fort, Inc., 2373 W. 700 S. Suite 100, Springville, Utah 84663. The notice must be sent within 30 days of your first use of any of the Cedar Fort Sites. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Cedar Fort will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between Cedar Fort and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), Cedar Fort and you agree to waive, to the fullest extent allowed by law, any trial by jury.

This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Cedar Fort, or any employee, officer, director, or investor of Cedar Fort, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the Cedar Fort Sites, any person’s access to and/or use of the Cedar Fort Sites, and/or the provision of content, products, services, and/or technology on or through the Cedar Fort Sites.

14. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this section 14, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Cedar Fort Sites, your (or anybody else’s) access to and/or use of the Cedar Fort Sites, and/or the provision of content, products, services, and/or technology on or through the Cedar Fort Sites. Cedar Fort and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Cedar Fort and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Utah County, Utah.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Cedar Fort, or any employee, officer, director, or investor of Cedar Fort, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

15. Changes to These Terms of Use
Cedar Fort may amend these Terms of Use (including any Service Terms) at any time and at Cedar Fort’s sole discretion by posting the updated version on cedarfort.com:

12:00 p.m. Eastern time on the 10th day after posting to www.cedarfort.com (if there is no material update to the Disputes/Arbitration section) or on the 30th day after posting (if there is a material update to the Disputes/Arbitration section); or
your acceptance of them via a click-through process or some other method that we specify.
Updates to the Terms of Use apply on a going-forward basis as of the date they take effect.

16. Termination by Cedar Fort
We may close your account or restrict your guest checkout access at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at Cedar Fort, this means we can close (or suspend) your account or guest checkout access if we believe you are using the Cedar Fort Sites in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the Cedar Fort Sites (like a promotion or contest). In no case will Cedar Fort’s closure of your account, or reduction of your access to the Cedar Fort Sites, waive or affect any other right or relief to which Cedar Fort may be entitled.

17. Additional Terms For Our iOS App
When you use our iOS App, Apple requires you to agree to the following additional terms:

You acknowledge and agree that (i) these Terms of Use are concluded between you and Cedar Fort only, and Apple is not a party hereto, and (ii) as between Cedar Fort and Apple, it is Cedar Fort that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Cedar Fort, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of Cedar Fort will be Cedar Fort’s responsibility, but only to the extent provided by these Terms of Use. Please read our entire Terms of Use, as other sections of these Terms of Use limit Cedar Fort’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use with respect to your compliance with this section. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

18. Entire Agreement and Admissibility; Applicability to Sellers
These Terms of Use constitute the entire agreement and understanding between you and Cedar Fort with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you access or use the Cedar Fort Sites in your capacity as a registered Cedar Fort retail partner (i.e., a seller who has registered with Cedar Fort to sell products on the Cedar Fort Sites), then the Cedar Fort Retail Partner Agreement will apply to you in connection with such access and use, not these Terms of Use. When a Cedar Fort retail partner or other Cedar Fort supplier accesses or uses the Cedar Fort Sites in any other capacity (e.g., as a shopper), these Terms of Use apply and not the Cedar Fort Retail Partner Agreement.

19. Miscellaneous
You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Cedar Fort’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. Cedar Fort may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Cedar Fort may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Cedar Fort company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.

Headings are for reference purposes only and do not limit the scope or extent of any section.

Cedar Fort’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Cedar Fort’s right to enforce such provision or any other provision of these Terms of Use.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.

20. How to Contact Us
If you have any questions or comments, please contact the Cedar Fort Heads by:

(1) emailing us at feedback@CedarFort.com;

(2) contacting us by phone at 801-489-4084; or

(3) mailing us at Cedar Fort Help at the following address: 2373 W. 700 S. Suite 100, Springville, Utah 84663