Terms and Conditions

Purpose

Welcome to the 1anda2 website. Please read this agreement carefully and fully before using the Site or disclosing to us any personal information.

By using the Site or disclosing to us any personal information: (i) you agree that you have read and understood the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The terms of use contained in this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding on you. Your continued use of the Site means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by contacting Customer Care.  Certain provisions of the terms of use contained in this Agreement may be superseded by legal notices or terms located on particular pages of the Site.

RISK OF LOSS/TITLE TRANSFER:
All purchases of products are made according to the respective terms designated upon order placement. The title for any products purchased by you will transfer immediately upon our delivery to the carrier.

Product Purchases
To the extent you make purchases on the Site, you agree that all purchases of products are made according to the respective terms designated upon order placement. The title for any products purchased by you will transfer immediately upon our delivery to the carrier.

Site Usage & Termination
By using our Site or participating in any of the programs, you represent and agree that you are at least 18 years of age or older (at time of use) and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this site or participate in any programs or affiliated programs.
You are required to establish an account on the Site to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete, or outdated information or we (in our sole discretion) suspect that such information is incorrect, misleading, incomplete or obsolete, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you.  During the registration process, you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account and (or) password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this section.

You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive, or otherwise objectionable material of any kind including any content that encourages illegal conduct or conduct that would encourage civil liability, infringe on other's intellectual property rights, or otherwise violates any applicable local, state, national, or international law. You agree not to use the Site in a manner that would interfere with the normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material presented on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules, and regulations.
We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.

This Agreement is effective until terminated by either you or us. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Care and discontinuing all use of the Site. Upon termination by you or us, you must destroy all materials obtained from the Site including all copies of such documents whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

Privacy
Your privacy and security are a top priority. Please review the privacy policy which applies to personal information obtained from or provided by you on the Site.

Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE PROGRAMS, AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. 

Indemnification:
You agree to indemnify, defend and hold harmless Coded Energy, Inc. from and against all losses, expenses, costs and damages including attorney's fees resulting from your use of or contact on the Site, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in defense of any claim. We reserve the right to assume the exclusive protection and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages, and liabilities incurred by us. You shall not, in any event, settle any matter without the prior written consent of Coded Energy, Inc.

 

Copyright, Trademarks, and other Intellectual Property
You acknowledge that all materials on the Site or provided in connection with the Programs, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are Coded Energy, Inc.’s property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the Site, including without limitation are the sole property of Coded Energy, Inc.. In addition, all page headers, custom graphics, and custom icons are Marks of Coded Energy, Inc.. Coded Energy, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Coded Energy, Inc.for your personal and non-commercial use only (the “License”). This License remains in effect until either you or us terminate this Agreement in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. Coded Energy, Inc.and its licensors reserve all rights not expressly granted herein. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.

Agreement
This Agreement constitutes the only Agreement between you concerning the subject matter of this Agreement and us. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, concerning the subject matter of this Agreement.

Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation."

Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
All questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Coded Energy, Inc. agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. BY USE OF THE SITE THE CONSUMER IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY, ONLY AGREEING TO ARBITRATION.
YOU AND CODED ENERGY INC EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Coded Energy, Inc. to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when the applicable statute of limitations would bar the institution of legal or equitable proceedings based on such claims.
Unless Coded Energy, Inc. otherwise agrees, the arbitration will be conducted in San Joaquin County, California and presided over by a single neutral arbitrator (or arbitration entity) and in accordance with the then-current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney (or attorneys) or another representative (representatives) of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
All arbitration will be binding and subject to the laws at the local, state, and federal level.  Once a decision has been delivered by the arbitrator (or arbitration agency), it is binding and final.  This ruling binds the claimant (unless the claimant is R Coded Energy, Inc.)  The claimant may not pursue additional litigation in small claims, civil, or criminal court (except in very limited circumstances outside of the arbitration ruling in accordance to the current laws and bylaws set by the American Arbitration Association.)
The AAA's rules will govern payment of all filing, administration and arbitrator fees.

Miscellaneous:
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of Coded Energy, Inc.to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right after that to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within six (6) months after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of Coded Energy, Inc. as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its behalf.

Contact Us:
If you have any questions about this Agreement, contact us using our contact form.