Terms of Use - Emery Jensen Distribution

Last Updated April 4, 2025

Emery Jensen Distribution (collectively, “EJD”, “we”, “us”, or “our”) a subsidiary of Ace Hardware Corporation is pleased to offer you our website and other online services that may link to these Terms of Use or on which these Terms of Use appear, as well as the content, features, and software available on them (collectively, the “Online Services”). These Terms of Use form an agreement between EJD and you and set forth the terms and conditions upon which we make the Online Services available to you. You must be 18 years of age or older to use the Online Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE SERVICES. THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION PROVISION, WAIVERS OF CLASS ACTIONS AND JURY TRIALS, AND LIMITATIONS ON EJD’S LIABILITY. YOUR USE OF THE ONLINE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND ALL POLICIES, TERMS, AND CONDITIONS STATED OR INCORPORATED BY REFERENCE IN THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, YOU ARE PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE ONLINE SERVICES.

We reserve the right to modify these Terms of Use at any time, at our sole discretion, and without prior notice to you. It is your responsibility to check regularly for modifications to these Terms of Use. See the section below on Modification of Terms of Use for additional information.

Note for Non-U.S. Visitors: The Online Services and the products and services offered on the Online Services are intended only for residents of the fifty (50) United States and the District of Columbia and are not directed to individuals residing outside the United States. EJD makes no claims that the Online Services are appropriate or legal outside of the United States. If you reside outside the United States, do not access or use the Online Services.

Privacy
Modification of Terms of Use
Modification of Cancellation of Online Services
Service Information and Other Information
Intellectual Property and Ownership; License
Third-Party Links
Prohibited Conduct
Digital Millennium Copyright Act Notice Policy
Warranty; Disclaimers
Limitations of Liability
Dispute Resolution; Arbitration; Prohibition of Class Actions
Choice of Law
Indemnity
Miscellaneous

Privacy. EJD’s Privacy Policy applies to your use of the Online Services and is incorporated by reference into these Terms of Use.
Modification of Terms of Use. We may revise these Terms of Use from time to time without prior notice. Revised versions of these Terms of Use will be posted on this page, together with an updated effective date. You should check this page regularly to see if any recent changes to these Terms of Use have occurred. In some cases, we may post a notice of the revision on the Online Services and/or send an email or other communication notifying users of the changes. By accessing or using any of our Online Services after we post a revised version of the Terms of Use, you agree to the Terms of Use as modified.
Modification of Cancellation of Online Services. We reserve the right at any time, with or without notice, to modify or terminate the Online Services or any portion thereof.
Product Information and Other Information. EJD attempts to ensure that information on the Online Services, including information regarding Products, is accurate and current. Despite our efforts, Product information and other information on the Online Services may be inaccurate, incomplete, or out of date. We make no representation regarding the completeness, accuracy, timeliness, usefulness or other attributes of such information, and any reliance you place on such information is strictly at your own risk. For example, Products may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Online Services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Product colors may vary, and we do not guarantee that colors will be accurately displayed.

The Online Services may include content provided by manufacturers, licensors, influencers, aggregators, users and other third parties. All statements and opinions expressed by such third parties are the opinions of such third parties and do not necessarily reflect the opinion of EJD. EJD is not liable to you or any third-party for such content.

Intellectual Property and Ownership; License. The Online Services and its design, contents, features and functionality, and all proprietary and intellectual property rights in the foregoing, are owned or controlled by Ace Hardware Corporation, its licensors, or other providers of such material, are protected by copyright, trademark and other laws, and may not be copied or used (including in “meta-tags” or “hidden text”) except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Conditioned upon your continued compliance with these Terms of Use, Ace Hardware Corporation grants you a limited, revocable, non-exclusive license to temporarily access, use and display on your device the Online Services solely for your non-commercial personal use and for no other purpose. We reserve all rights in and to the Online Services not expressly granted to you under these Terms of Use. Without limiting the generality of the foregoing, certain trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of Ace Hardware Corporation. Other trademarks, trade names, service marks and logos used or displayed on the Online Services are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Online Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Online Services without the written permission of Ace Hardware Corporation or such third-party owner, as applicable. You may not reproduce or modify the Online Services or the contents of the Online Services in any way or publicly display, perform, or distribute or otherwise use the Online Services of any such content for any public or commercial purpose. You may not use the Online Services if you are the subject of sanctions under U.S. law. This license will automatically terminate if you violate any provision of these Terms of Use. Ace Hardware Corporation may terminate this license at any time for any reason or no reason, with or without notice to you.
Third-Party Links. From time to time, the Online Services may contain links to websites, applications, platforms or services that are not owned, operated or controlled by EJD (collectively the “Third-Party Services”). If you use links to Third-Party Services, you will leave the Online Services. ALL SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. EJD is not responsible for and does not endorse or guarantee any Third-Party Services, or any products, services, content, or other information available on any Third-Party Services.
Prohibited Conduct. You agree to use the Online Services in compliance with these Terms of Use and all applicable laws, regulations and rules. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also agree in relation to the Online Services not to: (i) access or attempt to access any information or material by working around any technical features that limit your use of or access to the Online Services; (ii) disrupt or interfere with the proper functioning or security of the Online Services or otherwise cause harm to the Online Services or any equipment or networks; (iii) infringe any intellectual property rights or proprietary rights; (iv) post or otherwise submit any harmful or disruptive software or files, including viruses, spyware and ransomware; (v) interfere with or inhibit any other user from using and enjoying the Online Services; (vi) violate any applicable laws or regulations; (vii) use any robot, spider, or other programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Online Services or otherwise monitor or copy any portion of the Online Services; (viii) prepare, compile, scrape, harvest, download or otherwise use or copy any information from the Online Services, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third-party; (ix) transmit spam or other unsolicited or bulk communications; (x) create or use a false identity or contact information for the purpose of misleading EJD or others; (xi) violate the rights (including rights of privacy and publicity) of any person or abuse, defame, harass, stalk or threaten another; or (xii) conduct a denial of service attack or distributed denial of service attack. In addition to any remedies that EJD may have at law or in equity, if EJD reasonably determines that you have violated or are likely to violate the foregoing prohibitions or other provisions of these Terms of Use, EJD may take any action we deem necessary or advisable to cure, prevent or address the violation, including referral to law enforcement authorities. EJD will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing EJD to disclose the identity of anyone violating the foregoing prohibitions or other provisions of these Terms of Use.
Digital Millennium Copyright Act Notice Policy. EJD respects the intellectual property rights of others and asks you to do the same. We comply with the copyright notice and takedown procedures set forth in the Digital Millennium Copyright Act (“DMCA”). It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Online Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Online Services where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. EJD’s designated agent for notice of copyright infringement is:

General Counsel
Ace Hardware Corporation
2915 Jorie Boulevard
Oak Brook, IL 60523
Phone: 630-990-6600
Email: copyright@acehardware.com

This email address should only be used to report allegations of copyright infringement. Any other communications should be directed to EJD’s service number. EJD reserves the right to disregard a notice that fails to comply with the DMCA. In the event that EJD determines that a DMCA notice lacks validity, EJD may refuse to remove the complained of content at its discretion. Election by EJD to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim. EJD may share DMCA notices and counter-notices submitted to us, including your contact information, with others. By submitting such notices, you agree you have no expectation of privacy with respect to your submission.
WARRANTY; DISCLAIMERS. Certain Products offered for sale on the Online Services may be covered by a manufacturer’s warranty. Please see the manufacturer’s product documentation for warranty availability and details. EJD does not offer a warranty on Products.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) EJD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ONLINE SERVICES (II) THE ONLINE SERVICES ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE”; AND (III) EJD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE ONLINE SERVICES. THE ONLINE SERVICES MAY BE OUT OF DATE AND EJD DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE THE ONLINE SERVICES. EJD DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EJD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO MISUSE, ABUSE, MODIFICATION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION OF THE ONLINE SERVICES.

THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) EJD ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICES OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR USE OF, ACCESS TO, OR BROWSING THE ONLINE SERVICES OR YOUR DOWNLOADING, INSTALLATION, OR USE OF ANY SOFTWARE, CONTENT, OR MATERIALS FROM THE ONLINE SERVICES; (II) IN NO EVENT WILL EJD AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE ONLINE SERVICES, SERVICES OFFERED ON THE ONLINE SERVICES, OR ANY WEBSITE, ONLINE OR DIGITAL SITE OR SERVICE LINKED TO OR FROM THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Dispute Resolution; Arbitration; Prohibition of Class Actions. This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and EJD each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.

YOU AND EJD AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE ONLINE SERVICES OR ANY PRODUCT OFFERED OR SOLD ON THE ONLINE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND EJD HAVE AGAINST EACH OTHER ARE RESOLVED. You and EJD agree that any and all disputes or claims that have arisen or may arise between you and EJD in connection with the Online Services, including any Products offered or sold on the Online Services and your use of the Online Services, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

PRE-ARBITRATION DISPUTE RESOLUTION: You agree that whenever you have a disagreement with EJD arising out of, connected to, or in any way related to the Online Services, you will first send a written notice to EJD (a “Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”):

Ace Hardware Corporation
Attn: Legal Department
2915 Jorie Blvd.
Oak Brook, IL 60523.

The Demand must seek to resolve only your individual Dispute, must be personally signed by you (and not your counsel), and must include any documentation sufficient to support your claim. Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, 20 business days after the individualized conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.

ARBITRATION PROCEDURE: If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (“AAA”). The arbitration will be conducted under its rules and procedures, including the AAA’s Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or EJD may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law.

CLASS ACTION WAIVER: You and EJD agree that each of us may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and EJD agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and EJD further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and EJD in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

Mass Arbitration:

If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against EJD, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at www.namadr.com/resources/rules-fees-forms/), you and EJD agree that the AAA shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with EJD. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for EJD shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and EJD will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for EJD shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and EJD will pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for EJD shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
1. Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
  
  OR
2. Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. For any disputes not subject to binding arbitration that arise out of or in connection with these Terms of Use, you and EJD hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Illinois.
Indemnity. You agree to indemnify and hold harmless EJD, its affiliates, and their officers, directors, members, employees, and agents (collectively, the “EJD Indemnitees”), from and against any claims, demands, liabilities, losses or expenses, including attorneys’ fees, made against or incurred by the EJD Indemnitees arising out of or in connection with your breach of the Terms of Use, your violation of law or the rights of EJD or any third-party, or your use of the Online Services.
Miscellaneous. No delay or failure by EJD to enforce any of these Terms of Use shall be a waiver of any of our rights under these Terms of Use. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Headings and captions are for convenience only and do not affect the interpretation of any of the provisions of these Terms of Use. Any reference to the term “including” means “including, without limitation.” You may not use or export the Online Services, or any portion thereof, in violation of applicable law, including U.S. laws and regulations related to exports.
Additional Assistance. If you have any questions or comments, we invite you to contact EJD by phone at 866-681-1836.