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Important - Please Read Carefully
Effective Date: August 30, 2023
By accessing or using the Site, signing up for promotions from us (including email and text-based promotions), doing business with us in any way, or registering with the Site, you agree to be bound fully by these Terms, which are final.
THE TERMS CONSTITUTE AN ENFORCEABLE CONTRACT BETWEEN YOU AND MONOPRICE WHICH AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVERS AS SET FORTH IN SECTION 1, BELOW.
We recommend you print out a copy of these Terms for your records. . They can be downloaded here. We each agree, upon request, to provide to each other a signed copy of these Terms.
Our Commitment to Accessibility. If you are visually impaired or otherwise need assistance accessing or reviewing our Terms, please call our Customer Support line via our toll-free number 1 (877) 271-2592 for assistance.
TABLE OF CONTENTS
SECTION 1. ARBITRATION AGREEMENTWe hold our relationships with our customers and Site visitors in the highest regard. On occasion, a third party may be necessary to help us resolve Disputes (defined below) that may arise between you and us, and this Section of the Terms (the “arbitration agreement” or “Section 1”) limits you and us to arbitration (or small claims court, if a claim qualifies) in all such instances.
YOU AND MONOPRICE AGREE THAT ALL DISPUTES BETWEEN YOU AND MONOPRICE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS IN EITHER ARBITRATION OR SMALL CLAIMS COURT ONLY. YOU AND MONOPRICE AGREE TO WAIVE ANY AND ALL RIGHTS (1) TO A TRIAL BY JURY, (2) TO PARTICIPATE IN ANY WAY IN A CLASS ACTION OR CLASS ARBITRATION, AND (3) TO RESOLVE DISPUTES IN COURTS OTHER THAN STATE SMALL CLAIMS COURTS.
This arbitration agreement covers all complaints, demands, and claims of any kind, including, but not limited to, those arising out of or related to these Terms, the use and operation of the Site, communications from and promotions by or on behalf of Monoprice, and any and all of your interactions with and doing business in any way with Monoprice (each a “Dispute,” and, collectively, the “Disputes”). Disputes shall be interpreted in the broadest possible sense and shall include, but not be limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging of negligence, fraud, and misrepresentation.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of Monoprice, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations) of Monoprice. This arbitration agreement is binding on you and Monoprice, as well as our respective heirs, successors, and assigns.
This arbitration agreement is governed exclusively by the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries. If any provision of this arbitration agreement is held to be unenforceable for any reason, the remaining parts of this arbitration agreement shall remain in effect to the fullest extent permitted by law and in a manner that facilitates resolution of Disputes in arbitration in a way that is cost-effective to all parties. If any other provision of the Terms renders unenforceable any aspect of this arbitration agreement, such provision shall be severed and treated as null, void, and of no effect.
You have the right to opt out of this arbitration agreement by sending a written notice to Monoprice expressly stating “I opt out of the arbitration requirement” or words to that effect to: [email protected] or by writing to us at Monoprice, Inc., 1 Pointe Drive Suite 400, Brea, CA 92821 within thirty (30) days after you first agree to these Terms. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Monoprice, nor does it eliminate or change any other rights or requirements of the Terms.
Nothing in this section is intended to limit the individual relief available to either of us in arbitration or small claims court. Nor does anything in this section limit the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.
MANDATORY SETTLEMENT PROCESS
Before you or Monoprice can seek to resolve a Dispute in arbitration or small claims court, this mandatory sixty (60) day settlement process must be completed. To initiate this process, the claiming party must send to the other a short, written statement with their name, mailing address, and email address (a “Dispute Statement”) explaining their Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it, including any money being claimed and how that dollar amount was calculated. You agree to send Dispute Statements by email to Monoprice at [email protected], or by certified mail, return receipt requested to Monoprice, Inc., 1 Pointe Drive Suite 400, Brea, CA 92821.
Once a Dispute Statement is received by either you or Monoprice, you and Monoprice shall work in good faith to resolve the Dispute for a period of sixty (60) days. At the conclusion of the sixty (60) day period, if the Dispute has not been resolved, you and Monoprice thereafter each have the right to resolve the Dispute either in small claims court or through arbitration in compliance with the requirements of this arbitration agreement as explained below. All applicable statutes of limitation shall be suspended during the sixty (60) day informal settlement process.
ARBITRATION RULES AND REQUIREMENTS
While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief as a court and must construe and apply the Terms in the same way a court would.
The arbitrator has the sole authority to and shall address all claims or arguments by both you and Monoprice concerning the formation, legality, and enforceability of this arbitration agreement and the Terms, the scope of this arbitration agreement, and the arbitrability of any claim or issue arising between us.
If any cause of action, defense, or claim for relief cannot for any reason be addressed in arbitration, you and Monoprice agree that all court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action, defenses, and claims for relief. The results of such an arbitration shall be binding in any court proceedings relating to or arising out of any Dispute. An arbitration award shall be binding only on you and Monoprice and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided, however, that the arbitrator may consider rulings in other arbitrations involving you or Monoprice.
Any court of competent jurisdiction will have the authority to enforce all aspects of the arbitration agreement (including the requirement to complete the informal settlement process described above before filing any claim in arbitration or small claims court) and, if necessary, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees or costs by the American Arbitration Association (“AAA”) or any other arbitral organization or arbitrator.
If the AAA is for any reason unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including under the Mass Arbitration Rules, below), and you and Monoprice cannot agree on an alternative arbitrator, you or Monoprice may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration consistent with the requirements of this arbitration agreement.
AS EXPLAINED BELOW, THE ARBITRATION PROCESS WILL DIFFER DEPENDING ON WHETHER YOUR CLAIM IS PURSUED INDIVIDUALLY OR AS PART OF A MASS ARBITRATION. IN THE CASE OF A MASS ARBITRATION, THE MASS ARBITRATION RULES WILL EXCLUSIVELY CONTROL.
Non-Mass Arbitration Rules. Arbitrations shall be before a single neutral arbitrator. Arbitrations brought by consumers shall be governed by this arbitration agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All other arbitrations shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the provisions of this arbitration agreement shall control to the fullest extent which is consistent with preserving the parties’ obligation to arbitrate their Disputes.
Disputes involving an individual claim or claims for less than $25,000 (US) each in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including sworn statements. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including sworn statements, and will not involve any personal appearances by parties or witnesses. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: [ADDRESS2]. The AAA’s address is American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org
Mass Arbitration Rules. If twenty-five (25) or more claimants file or indicate collectively or through counsel an intention to file demands for arbitration against Monoprice raising a substantially identical Dispute, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules apply.
Claimants that are part of a Mass Arbitration (each a “Mass Arbitration claimant”) must complete the sixty (60) day informal settlement process (described above) before proceeding to arbitration. Counsel for claimants and Monoprice agree to the submission of a single Dispute Statement for all Mass Arbitration claimants submitted through counsel for the Mass Arbitration claimants, but only if that statement identifies each Mass Arbitration claimant by name, mailing address, and email address.
If the informal settlement process is unsuccessful, counsel for Mass Arbitration claimants and Monoprice shall each select three (3) Mass Arbitration claimants to proceed to arbitration (each a “bellwether arbitration”), each with a different arbitrator, followed by a mandatory mediation involving all Mass Arbitration claimants. All statutes of limitation shall be suspended for all Mass Arbitration claimants for the duration of the informal settlement process, the bellwether arbitrations, and mediation. The six (6) bellwether arbitrations shall be conducted in accordance with the Non-Mass Arbitration Rules set forth above.
If any demands for arbitration have been filed by Mass Arbitration claimants other than those selected for the six (6) bellwether arbitrations (the “non-bellwether arbitrations”), such non-bellwether arbitrations shall promptly be dismissed without prejudice. For such non-bellwether arbitrations, no arbitration fees or costs shall be owed to or imposed by the arbitral organization beyond any initial filing fees. The bellwether arbitrations shall commence immediately upon the voluntary dismissal without prejudice of all non-bellwether arbitrations.
All bellwether arbitrations shall require a reasoned decision from the arbitrator and be completed within one hundred twenty (120) days after commencement unless otherwise ordered by the arbitrator or agreed to by the parties.
Upon the resolution of all six (6) bellwether arbitrations, counsel for Monoprice and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of not less than sixty (60) days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants under the Mediation Procedures of the AAA or such other mediation rules as to which counsel for Monoprice and counsel for the Mass Arbitration claimants may agree.
If the bellwether arbitrations and the mandatory mediation are unsuccessful in resolving all the Disputes of all Mass Arbitration claimants, those Mass Arbitration claimants whose claims have not been resolved shall then have the right to pursue their claims on an individual basis in arbitration, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under FairClaims’ Small Claims Rules & Procedures, which are available at https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. If any cause of action, defense, or claim for relief cannot for any reason be addressed by FairClaims, you and Monoprice agree that any court proceedings shall be stayed pending the final resolution in arbitration by FairClaims of all arbitrable causes of action, defenses, and claims for relief.
If for any reason FairClaims is unable to or cannot handle an individual arbitration filed under these Mass Arbitration Rules, you and Monoprice shall negotiate in good faith for the substitution of an alternative arbitrator whose rules, costs, and fees are comparable to those of FairClaims’ Small Claims Rules & Procedures. If you and Monoprice cannot agree on an alternative arbitrator, you or Monoprice may petition a court of competent jurisdiction to appoint an arbitrator to conduct the arbitration consistent with the requirements of these Mass Arbitration Rules by an arbitrator with comparable rules whose fees and costs are comparable to FairClaims’ Small Claims Rules & Procedures. If, and only if, the court determines that there are no alternative arbitrators available to handle these Disputes whose fees and costs are comparable to those of FairClaims Small Claims Rules & Procedures, you or Monoprice shall have the right to require that any remaining Mass Arbitration claimants resolve their claims via a class action lawsuit filed in the State of California.
Fees and Costs. You and Monoprice will each bear its own arbitration costs, arbitral fees, and attorneys’ fees; however, either party may seek to recover fees and costs to the extent permitted by applicable law. If the arbitrator determines that a claim has been brought in bad faith or for an improper purpose, or that the demand was frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending against the claim.
Survival. All provisions of the Terms regarding dispute resolution, including the arbitration agreement, shall survive termination.
SECTION 3. PRODUCT/SERVICE DESCRIPTIONS & ERRORSWe work hard to be as accurate as possible. Errors will be corrected when discovered and we have the absolute right to revoke any stated offer and correct any error, inaccuracy, or omission (including after an order or request has been submitted by you or an order or request confirmation has been sent by us). Such errors shall not be binding on you or Monoprice, and you agree to Monoprice’s right to correct such errors without liability of any kind to you. Monoprice may refuse or cancel orders placed with incorrect pricing. We do not guarantee prices for Monoprice products listed on other websites or price search engines. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.
SECTION 4. CONTACT INFORMATION & COMMUNICATIONSExcept as otherwise provided in these Terms, please contact Monoprice via email at [email protected], by telephone at 1 (877) 271-2592, or by mail at Monoprice, Inc., 1 Pointe Drive Suite 400, Brea, CA 92821. Please include with any correspondence information that will help us assist you with your inquiry, request, or Dispute, together with your name, mailing address, and email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 5. LIMITED WARRANTIES & LIMITATION OF LIABILITYMonoprice warranties sometimes vary by product, and all product-specific warranties are found on product ID pages and within Monoprice's website. Subject to this limitation, in general, Monoprice warrants (a) cables for life, and (b) that all other products will be free from defects in workmanship and material for one year following delivery date, with certain exceptions. You must review product ID pages carefully for warranty information.
Thirty (30) days after delivery and during the warranty period, Monoprice will, without cost to you, at Monoprice's option, either (i) repair defective products; (ii) furnish replacement products; or (iii) grant you credit equal to the defective products' net purchase price. Defective conditions in the products caused by third parties, acts of God, defective installation, other trades, abnormal use or stress, or other matters unrelated to Monoprice's activities are specifically excluded from the coverage of this warranty.
THE SITE AND SERVICES AND ALL PRODUCTS ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MONOPRICE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REMEDIES.
THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR ONLY REMEDIES FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. MONOPRICE'S TOTAL LIABILITY ARISING OUT OF THE SITE, SERVICES, PRODUCTS, OR THE USE OF THE PRODUCTS, WHETHER ON WARRANTIES OR CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST PAID FOR THE DEFECTIVE PRODUCT OR 50 DOLLARS, WHICHEVER IS LESS, AND MONOPRICE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH MAY BE SUBJECT TO LIMITATIONS UNDER THE LAWS OF CERTAIN STATES, INCLUDING THE STATE OF NEW JERSEY. HOWEVER, THIS AGREEMENT SHALL BE GOVERNED TO THE FULLEST EXTENT BY CALIFORNIA LAW (WITHOUT APPLICATION OF ITS CHOICE OF LAW PRINCIPLES).
SECTION 6. NO CHANGES TO ORDERWe cannot change your order once you place it.
SECTION 7. RETURNS AND REFUNDSYou and Monoprice agree that all returns and refunds are governed by our return policy, which is available on our Return Policy Page.
SECTION 8. DELIVERY AND SHIPPINGRisk of loss and title to your purchases pass to you upon delivery to our shipper. All regular orders are processed the following business day. Only expedited orders that are submitted by 10:00 AM PT will ship the same day.
|Shipper||Estimated Shipping Time (may vary from estimates)|
|FedEx Express Saver||3 business days plus 1 day processing time (Monday-Friday).|
|FedEx Two Day||2 business days plus 1 day processing time (Monday-Friday).|
|FedEx Standard Overnight||1 business day plus 1 day processing time. Delivered by 8PM. Monday-Friday Only.|
|FedEx Priority Overnight||1 business day plus 1 day processing time. Delivered by 10:30AM. Monday-Friday Only.|
|Fedex International Priority||1 to 3 business days. Monday-Friday Only.|
|Fedex International Economy||3 to 5 business days. Monday-Friday Only.|
|Fedex Freight||3 to 5 business days. Monday-Friday Only.|
|Monoprice Next Day (Monday-Saturday)*||1 business day plus 1 day processing time.*Additional premium applies to Saturday delivery. Monoprice Next Day service is only available for certain zip codes in CA, AZ, and NV. Contact [email protected] for details.|
|DHL Express - International||2-3 business days plus 1 day processing time. Additional delays may occur if holds are imposed by customs.|
|Small Package delivered by USPS||3-4 business days plus 1 day processing time.|
|USPS Priority||2-3 business days plus 1 day processing time.|
|Small Package delivered by Canada Post||7-14 business days plus 1 day processing time. Deliveries to Canada may take longer due to holds imposed by customs.|
|USPS Priority International||7-10 business days plus 1 day processing time. Additional delays may occur if holds are imposed by customs.|
|FedEx Ground||3-5 business days depending on location plus 1 day processing time. For example, it takes 1-2 business days for CA and 4-5 business days for NY (Monday-Friday).|
|DHL Saver||6-10 business days plus 1 day processing time. Additional delays may occur if holds are imposed by customs.|
|APO/FPO||2-4 weeks plus 1 day processing time.|
|UPS Worldwide Expedited (Only Available to Corporate Shipping Accounts)||3-6 business days plus 1 day processing time. Additional delays may occur if holds are imposed by customs.|
|UPS Worldwide Express Saver (Only Available to Corporate Shipping Accounts)||2-5 business days plus 1 day processing time. Additional delays may occur if holds are imposed by customs.|
|Trucking/UPS Freight (Only Available to Corporate Shipping Accounts)||3-5 business days depending on location plus 1 day processing time. For example, it takes 1-2 business days for CA and 4-5 business days for NY (Monday-Friday). Cost varies. Lift-gate service charges may apply.|
SECTION 9. INTERNATIONAL ORDERS
You are responsible for the Import Fees include import duties, taxes, and brokerage fees. Duties are not included in the product price or shipping and handling costs, and these will be collected upon delivery from the carriers as applicable. You should check with your country's customs office to determine what these additional costs will be.
For the residents of Canada, Monoprice will include its charge to customers the Import Fees of the custom duties, fees and GST/HST/PST in addition to the price of any product.
SECTION 10. REVIEWS, COMMENTS, AND OTHER USER-GENERATED CONTENTMonoprice welcomes your feedback, and we hope you will participate in the Monoprice community. We verify customer reviews and will publish them after making sure they comply with our review guidelines. Any review you submit will be displayed on the product's review page after it has been verified. It should take about 2-3 business days for this process. You may be contacted by Monoprice regarding your submission.
a. Guidelines. We will remove reviews that:
- Contain profanity or other objectionable content. Should you find any profanity or objectionable content, please contact us at [email protected].
- Fail to focus on the product. Complaints about shipping or customer service issues will be forwarded to Customer Service to be addressed. Reviews that discuss other products, catalog copy, pricing, or other ancillary issues will be removed.
- Contain advertisements or promotional materials or contain links to external content. Monoprice will also remove reviews submitted by or on behalf of a company with an interest in a competing product.
- Any other content we deem to be inappropriate.
b. License.By posting reviews, you grant Monoprice a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. All or part of any product review including the Review Title, "Your Nickname", Rating, Pros/Cons, images and all other parts of the review itself may be used by Monoprice in future marketing campaigns or promotions in any media. Submission of a product review signifies consent that the information you submit may be used at Monoprice's discretion without any further notice or expectation of compensation. You are further representing that any submission is wholly an original creation by you and/or that any portion taken from third party sources have fully cleared for use. Monoprice takes no responsibility and assumes no liability for any content posted by you or any third party on its Site.
c. DMCA; Notice and Procedure for Making Claims of Copyright Infringement.We respect the intellectual property of others. If you believe that any material on the Site infringes on any copyright which you own or control, you may file a notification of that infringement with our designated agent to have the material removed or otherwise blocked from access. To be effective, please provide Monoprice's copyright agent with notification in writing and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Monoprice to locate the material;
- Your address, telephone number, and if available, your e-mail address;
- A statement by you 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; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SECTION 11. SITE NOT INTENDED FOR CHILDRENThe Site and Services are intended for use by individuals who are 13 years of age or older. If you are under 13, you may use Monoprice.com only with the assistance of your parent or guardian.
SECTION 12. INTELLECTUAL PROPERTY RIGHTSAll content included on or made available through the Site and Services, including information, data, software, photographs, graphs, videos, text, graphics, music, sounds and other material is protected by copyright, trademark, patent or other proprietary rights, and these rights are protected under U.S. and international laws. You agree to comply with applicable law in your use of the Site or Services.
SECTION 13. GOVERNING LAWWith the exception of the Legal Disputes section, above, which is governed exclusively by the Federal Arbitration Act, these Terms and Conditions and any dispute of any sort that may arise between you and Monoprice are governed by the laws of the State of California (excluding any principles of conflicts of laws).
SECTION 14. SEVERABILITYAny provision of these Terms and Conditions which is determined to be unenforceable in any jurisdiction shall be severable from these Terms and Conditions without in any way invalidating the remaining provisions of these Terms and Conditions. The unenforceability of any provision in a given jurisdiction will not make that provision unenforceable in any other jurisdiction.
SECTION 15. OUR COMMITMENT TO ACCESSIBILITYWhether you're using assistive technologies like a screen reader, a magnifier, voice recognition software or switch technology, our mission is to be the destination for Technology at Prices that Make Sense. We set high standards for web accessibility and constantly strive to ensure we're in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making our online experience the best it can be, and we collaborate with advocacy groups, industry partners and vendors to identify areas that need improvement.
If you are visually impaired and are having difficulty navigating this site, please call our Customer Support line via our toll free number 1 (877) 271-2592 for assistance.
SECTION 16. ADDITIONAL TERMS