Terms and Conditions THIS AGREEMENT (“AGREEMENT”) IS BETWEEN YOU AND GOTFINEART, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN SAN MATEO, CA 94402. YOU AGREE TO USE THE SITE (HEREAFTER “SERVICES”) OFFERED BY GOTFINEART SOLELY FOR THE GENUINE PURPOSES FOR WHICH SUCH SERVICES ARE INTENDED. YOUR USE OF THE SERVICES SOLELY FOR THIS PURPOSE IS INTEGRAL TO MAINTAINING THE INTEGRITY OF THE SERVICES AND GOTFINEART’S REPUTATION. YOUR USE OF THE GOTFINEART WEBSITE, [WWW.GOTFINEART.COM COLLECTIVELY THE “SITE”], AND/OR ANY OF THE SERVICES ACCESSIBLE THROUGH THE SITE AND OTHERWISE PROVIDED BY GOTFINEART IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ANY ADDITIONAL, MODIFIED OR DIFFERENT SERVICES OFFERED AND MADE AVAILABLE BY GOTFINEART IN THE FUTURE SHALL ALSO BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY, AS YOU WILL BE EXPECTED TO COMPLY WITH ITS TERMS AND CONDITIONS. THE AGREEMENT INCLUDES AN ARBITRATION PROVISION [SECTION 10] WHICH CONTROLS HOW DISPUTES BETWEEN US WILL BE RESOLVED.

Contents

1. USE OF SITE AND SERVICE
2. PROPRIETARY RIGHTS
3. LINKS TO THIRD-PARTY WEB SITES / DEALINGS WITH ADVERTISERS AND SPONSORS
4. DISCLAIMER OF WARRANTY
5. LIMITATION OF LIABILITY
6. INDEMNIFICATION
7. COMMUNICATION AND PRIVACY
8. TERM AND TERMINATION
9. CANCELLATIONS
10. ARBITRATION
11. GENERAL PROVISIONS
12. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
13. REVISION DATE

1. USE OF THE SITE AND SERVICE AS A USER OF GOTFINEART, YOU AGREE AS FOLLOWS:

A. GEOGRAPHIC LIMITATIONS. THE SITE AND SERVICES ARE CONSISTENT WITH THE TERMS OF THIS AGREEMENT AND ANY APPLICABLE LOCAL, STATE, NATIONAL AND FEDERAL LAWS AND REGULATIONS.
B. INFORMATION SUBMITTED. YOU ARE RESPONSIBLE FOR AND ASSUME ALL LIABILITY CONCERNING THE INFORMATION YOU PROVIDE TO GOTFINEART.
C. RISK ASSUMPTION AND PRECAUTIONS. YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISK RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE AND SERVICES OR INTERACTION WITH OTHER GOTFINEART.
D. DISCLAIMER OF GUARANTEES. GOTFINEART MAKES NO GUARANTEES BUT BELIEVES THE PRODUCTS LISTED ARE AUTHENTIC UNLESS SO DESCRIBED AND OFFERS NO RETURNS.
E. PROHIBITED COMMUNICATIONS. YOU AGREE NOT TO TRANSMIT TO GOTFINEART CONTENT, LINKS OR OTHER COMMUNICATIONS, OR OTHERWISE ENGAGE IN ANY ACTIVITY OR COMMUNICATION ON THE SITE OR THROUGH THE SERVICES WHICH:
I) PROMOTES RACISM, BIGOTRY, VIOLENCE OR HATRED AGAINST ANY RELIGION, ETHNICITY, SEX, SEXUAL ORIENTATION, OR AGE GROUP, OR WHICH THREATENS, ENCOURAGES OR PROMOTES PHYSICAL HARM OF ANY KIND AGAINST ANY GROUP OR INDIVIDUAL;
II) IS INTENDED TO OFFEND, HARASS, THREATEN, OR INTIMIDATE ANY OTHER USER, PERSON, RELIGION, ETHNICITY, SEX, SEXUAL ORIENTATION, OR AGE GROUP;
III)IS DEFAMATORY, KNOWINGLY INACCURATE, ABUSIVE, OBSCENE, PROFANE, SEXUALLY ORIENTED, SEXUALLY GRAPHIC, VIOLENT, OR OTHERWISE OBJECTIONABLE IN GOTFINEART’S SOLE DISCRETION AND JUDGMENT;
IV) ILLEGALLY INFRINGES ON ANOTHER PERSON’S OR ENTITY’S COPYRIGHTS, TRADEMARKS, TRADENAMES OR OTHER INTELLECTUAL PROPERTY OR IS INTENDED TO CIRCUMVENT COPY-PROTECTED DEVICES;
V) CONTAINS PHOTOGRAPHS, DEPICTIONS OR IMAGES WITHOUT EXPRESS WRITTEN CONSENT, DISSEMINATES ANOTHER PERSON’S PERSONAL INFORMATION WITHOUT THAT PERSON’S PERMISSION, COLLECTS OR SOLICITS ANOTHER PERSON’S PERSONAL INFORMATION FOR COMMERCIAL OR UNLAWFUL PURPOSES, OR OTHERWISE WRONGFULLY OR ILLEGALLY INVADES ANOTHER PERSON’S RIGHTS OF PRIVACY;
VI) PROMOTES, ENABLES OR CONSTITUTES ILLEGAL OR UNLAWFUL ACTIVITIES,
VII) IS INTENDED TO DEFRAUD, MISLEAD OR DECEIVE USERS OR OTHER PERSONS;
VIII) CREATES, CONTAINS OR DISSEMINATES COMPUTER VIRUSES, TIME BOMBS, “TROJAN HORSES”, CANCELBOTS, WORMS OR OTHER HARMFUL OR DISRUPTIVE CODES, COMPONENTS OR DEVICES;
IX) PROMOTES OR SOLICITS INVOLVEMENT IN OR SUPPORT OF A POLITICAL PARTY, CAUSE, INITIATIVE, PLATFORM, RELIGION, CULT, SECT, OR OTHER ORGANIZATION; OR IMPERSONATES OR OTHERWISE MISREPRESENTS AFFILIATION CONNECTION OR ASSOCIATION WITH ANY PERSON OR ENTITY; X) SOLICITS GAMBLING OR ENGAGES IN ANY GAMBLING OR SIMILAR ACTIVITY;
XI) USES SCRIPTS, BOTS OR OTHER AUTOMATED TECHNOLOGY TO ACCESS THE SITE OR SERVICE; XII) USES THE SITE OR SERVICE FOR CHAIN LETTER, JUNK MAIL OR SPAM E-MAILS; XIII) IS IN ANY WAY USED FOR OR IN CONNECTION WITH SPAMMING, SPIMMING, PHISHING, TROLLING, OR SIMILAR ACTIVITIES.
F. NO FALSE INFORMATION. YOU REPRESENT, WARRANT AND PROMISE TO NOT PROVIDE INACCURATE, MISLEADING OR FALSE INFORMATION TO GOTFINEART. YOU FURTHER COVENANT AND AGREE THAT SHOULD INFORMATION PREVIOUSLY PROVIDED TO GOTFINEART OR ANOTHER USER SUBSEQUENTLY BECOMES INACCURATE, MISLEADING OR FALSE, THAT YOU WILL PROMPTLY NOTIFY GOTFINEART OF AND CAUSE ANY SUCH CHANGES OR CORRECTIONS TO MAKE ALL SUCH INFORMATION ACCURATE AND CURRENT.
G. NO HARASSMENT OF GOTFINEART EMPLOYEES OR REPRESENTATIVES. YOU WILL NOT HARASS, INTIMIDATE OR THREATEN, OR ENGAGE IN ANY COMMUNICATION INTENDED TO HARASS, INTIMIDATE OR THREATEN GOTFINEART, IT’S EMPLOYEES OR REPRESENTATIVES ENGAGED IN PROVIDING SERVICES TO YOU. H. SOCIAL MEDIA. GOTFINEART MAY PROVIDE YOU THE OPTION TO CONNECT YOUR GOTFINEART USERSHIP ACCOUNT TO OUR ACCOUNT ON SOCIAL NETWORKING SITES SUCH AS FACEBOOK, INSTAGRAM OR LINKEDIN, FOR THE PURPOSE OF LOGGING IN, UPLOADING INFORMATION OR ENABLING CERTAIN FEATURES OF THE SERVICE INCLUDING ACCESSING YOUR CONTACTS OR REQUESTING THAT YOU “LIKE” GOTFINEART. WHEN ENABLING THIS FEATURE, WE MAY DISCLOSE TO YOU THE INFORMATION TO COLLECT FROM THE CONNECTED SOCIAL NETWORKING SITE AND MAY USE SUCH INFORMATION IN COMPLIANCE WITH OUR PRIVACY POLICY. IT IS POSSIBLE TO SEE INFORMATION ABOUT YOUR SOCIAL NETWORK, INCLUDING THROUGH USE OF THEIR OWN METHODS THAT MAY INCLUDE INTERNET SEARCHES, AND ACCESS TO SOCIAL NETWORKING SITES. BY CONNECTING GOTFINEART TO YOUR ACCOUNT ON ANY SOCIAL NETWORKING SITE, YOU HEREBY CONSENT TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO GOTFINEART. WE WILL NOT SEND YOUR GOTFINEART ACCOUNT INFORMATION TO THE CONNECTED SOCIAL NETWORKING SITE WITHOUT FIRST DISCLOSING THAT TO YOU. YOU MAY BE ABLE TO DISCONNECT THE ACCOUNTS EITHER OR YOUR OWN OR UPON REQUEST. EACH SOCIAL NETWORK MAY ALLOW YOU TO SET PRIVACY CONTROLS AROUND YOUR INFORMATION ON THEIR SYSTEM, AND GOTFINEART’S COLLECTION OF INFORMATION WILL ALWAYS FOLLOW SUCH CONTROLS AND PERMISSIONS. THIS FEATURE IS SUBJECT TO CONTINUOUS CHANGE AND IMPROVEMENT AND EACH SOCIAL NETWORKING SITE INVOLVED, AND THEREFORE THE FEATURES AND SHARED INFORMATION ARE SUBJECT TO CHANGE WITHOUT NOTICE. DISCONNECTING THE SOCIAL NETWORKING SITE INTERACTIONS MAY NOT OCCUR IN REAL-TIME. IT MAY BE POSSIBLE THAT YOU MAY LINK TO GOTFINEART’S SOCIAL NETWORK WITHOUT BECOMING A USER OF GOTFINEART. IF YOU ARE LINKED TO GOTFINEART’S SOCIAL NETWORK, USERS, EMPLOYEES AND AGENTS OF GOTFINEART MAY BE ABLE TO ACCESS INFORMATION ABOUT YOU. I. LICENSE TO POSTED OR ACCESSED CONTENT. BY MAKING IT ACCESSIBLE TO US BY LINKING YOUR GOTFINEART ACCOUNT TO ANY OF YOUR SOCIAL NETWORK ACCOUNTS (FOR EXAMPLE FACEBOOK CONNECT), YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT TO GOTFINEART AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, FULLY-PAID, WORLDWIDE LICENSE TO USE, REPRODUCE, PUBLICLY DISPLAY AND DISTRIBUTE SUCH INFORMATION AND CONTENT, AND TO DEVELOP DERIVATIVE WORKS OF OR INCORPORATE INTO OTHER WORK, SUCH INFORMATION AND CONTENT AND TO GRANT AND AUTHORIZE SUB-LICENSES OF THE FOREGOING. 2. PROPRIETARY RIGHTS A. OWNERSHIP OF PROPRIETARY INFORMATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT GOTFINEART IS THE OWNER OF HIGHLY VALUABLE PROPRIETARY INFORMATION, INCLUDING WITHOUT LIMITATION, THE GOTFINEART FORMS AND QUESTIONNAIRES (HEREAFTER COLLECTIVELY “CONFIDENTIAL INFORMATION”) AND RECORDED VIDEOS. GOTFINEART OWNS AND HEREBY RETAINS ALL PROPRIETARY RIGHTS IN AND TO THE SERVICES AND THE SITE INCLUDING BUT NOT LIMITED TO ALL CONFIDENTIAL INFORMATION. B. NO USE OF CONFIDENTIAL INFORMATION. YOU WILL NOT POST, COPY, CHANGE, EDIT, TRANSMIT, DISCLOSE, SHOW IN PUBLIC, CREATE ANY DERIVATIVE PRODUCT FROM, DISTRIBUTE, MAKE COMMERCIAL USE OF, OR REPRODUCE (I) ANY CONFIDENTIAL INFORMATION OR (II) OTHER COPYRIGHTED MATERIAL, TRADEMARKS, OR OTHER PROPRIETARY INFORMATION ACCESSIBLE VIA THE SERVICES, WITHOUT OBTAINING THE PRIOR WRITTEN CONSENT OF GOTFINEART. C. YOU AGREE THAT YOU WILL NOT COPY, MODIFY, PUBLISH, TRANSMIT, DISTRIBUTE, DISPLAY, COMMERCIALLY USE OR MARKET GOTFINEART OR THIRD PARTY PROPRIETARY INFORMATION AVAILABLE VIA THE THE SITE. 3. LINKS OF THIRD-PARTY WEB SITES/DEALINGS WITH ADVERTISERS AND SPONSORS THE SERVICES MAY CONTAIN LINKS TO WEB SITES OF THIRD PARTIES, INCLUDING SERVICE PROVIDERS AND ADVERTISERS WHICH ARE NOT UNDER CONTROL OF GOTFINEART. GOTFINEART IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO OTHER WEBSITES. GOTFINEART PROVIDES LINKS AS A CONVENIENCE AND THE LINK DOES NOT IMPLY THAT GOTFINEART ENDORSES OR ACCEPTS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOUR INTERACTION OR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS OR SWEEPSTAKES SPONSORS FOUND ON OR THROUGH THE SERVICES, INCLUDING PAYMENT AND DELIVERY OR RELATED GOODS OR SERVICES, ANY PERSONAL INFORMATION OR OPT-IN CONTACT INFORMATION PROVIDED TO ADVERTISERS AND SWEEPSTAKE SPONSORS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE BETWEEN YOU AND SUCH ADVERTISERS OR SWEEPSTAKES SPONSOR. YOU AGREE THAT GOTFINEART WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF SUCH INTERACTIONS, INCLUDING THE SHARING OF INFORMATION THAT YOU SUPPLY TO GOTFINEART WITH ADVERTISERS OR SWEEPSTAKES SPONSORS, OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICES. VIEWS, SUGGESTIONS, COMMENTS, OFFERS OR OTHER INFORMATION OR CONTENT PROVIDED BY THE SERVICE, EITHER DIRECTLY OR INDIRECTLY THROUGH GOTFINEART, ARE THOSE OF THEIR RESPECTIVE AUTHORS AND SHOULD NOT NECESSARILY BE RELIED UPON. THE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. GOTFINEART DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR COMMENTS MADE BY ANY PARTY OTHER THAN GOTFINEART. GOTFINEART WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO USERS OF THE SERVICE.

4. DISCLAIMER OF WARRANTY

A. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. GOTFINEART PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOTFINEART DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GOTFINEART DISCLAIMS LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

5. LIMITATION OF LIABILITY
A. INCIDENTAL DAMAGES AND AGGREGATE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOTFINEART BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF REPLACEMENT SERVICES, EVEN IF GOTFINEART KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GOTFINEART’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU, OR IF YOU HAVE NOT PAID GOTFINEART FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.
B. NO LIABILITY FOR ACTION OF YOU OR OTHERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOTFINEART BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE.
C. INFORMATION VERIFICATION. GOTFINEART, ITS CONTRACTORS AND RESOURCE PROVIDERS MAY USE VARIOUS PUBLICLY AVAILABLE, LEGAL, WAYS OF VERIFYING INFORMATION THAT USERS HAVE PROVIDED. NONE OF THOSE WAYS ARE PERFECT AND YOU AGREE THAT GOTFINEART, IT’S CONTRACTORS AND RESOURCE PROVIDERS WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION.

6. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GOTFINEART, , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND IT’S PARENT, SUBSIDIARY AND SISTER COMPANIES FROM CLAIMS, ACTIONS, LIABILITIES OR LOSSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES, RELATING TO OR ARISING OUT OF:
A. YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES,
B. ANY USER OR USER’S COMMUNICATIONS OR COMMENTS ABOUT YOU,
C. YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR
D. YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. GOTFINEART RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU IN WHICH EVENT YOU WILL FULLY COOPERATE WITH GOTFINEART IN ASSERTING ANY AVAILABLE DEFENSES.

7. COMMUNICATION AND PRIVACY YOU ACKNOWLEDGE AND AGREE THAT GOTFINEART MAY SEND MESSAGES TO YOUR EMAIL ADDRESSES, TEXT MESSAGES, AND/OR CALL YOU AT YOUR MOBILE PHONE, WORK PHONE OR HOME PHONE TO NOTIFY YOU.

8. Term and Termination THIS AGREEMENT WILL BECOME EFFECTIVE UPON YOUR ACCEPTANCE OF THE GOTFINEART TERMS AND CONDITIONS AND WILL REMAIN IN EFFECT INDEFINITELY UNLESS AND UNTIL TERMINATED HEREUNDER. EITHER YOU OR GOTFINEART MAY TERMINATE YOUR USERSHIP ACCOUNT FOR ANY REASON, WITHOUT EXPLANATION, EFFECTIVE UPON SENDING WRITTEN NOTICE TO THE OTHER PARTY BY EMAIL TO INFO@PREQM.COM SUBJECT: CANCELLATIONS. IN THE EVENT YOU BREACH THE TERMS OF THIS AGREEMENT, GOTFINEART RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, WITHOUT PRIOR NOTICE AND REMOVE YOUR USERSHIP INFORMATION AND DATA FROM OUR SERVICE AND ANY OTHER RECORDS AT ANY TIME IN OUR DISCRETION. IN THE EVENT THAT YOUR USERSHIP IS TERMINATED OR YOUR ACCESS TO THE SITE ANY OF THE SERVICES IS SUSPENDED DUE TO YOUR BREACH OF THIS AGREEMENT, YOU AGREE THAT ALL FEES THEN PAID TO GOTFINEART BY YOU WILL BE NONREFUNDABLE AND ALL OUTSTANDING OR PENDING PAYMENTS WILL BE IMMEDIATELY DUE.

9. Cancellations
A. GOTFINEART USERS: CANCELLATION AT ANY TIME WITH NO REFUND. EXCEPT AS OTHERWISE STATED IN THIS SECTION. B. 3-DAY CANCELLATION. YOU MAY CANCEL, WITHOUT ANY PENALTY OR OBLIGATION EXCLUDING CREDIT CARD PROCESSING FEES, PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE EFFECTIVE DATE OF THIS AGREEMENT EXCLUDING WEEKENDS AND HOLIDAYS. IN ORDER TO CANCEL THIS AGREEMENT , EMAIL A SIGNED AND DATED NOTIFICATION THAT YOU, AS THE BUYER, ARE CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE UNDER THIS SECTION SHALL BE SENT TO GOTFINEART, INC., ATTN: CANCELLATIONS AT INFO@PREQM.COM. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR GOTFINEART ACCOUNT IN THIS NOTICE. ANY REFUNDS UNDER THIS 3-DAY CANCELLATION POLICY WILL BE MADE WITHIN 10 DAYS OF GOTFINEART’S RECEIPT OF YOUR CANCELLATION NOTICE. 10. ARBITRATION A. ARBITRATION OF DISPUTES UNDER THE CALIFORNIA ARBITRATION ACT [CODE OF CIVIL PROCEDURE SECTION 1280, ET SEQ.].
B. EXCEPT FOR CLAIMS OF OR RELATING TO INFRINGEMENT OR MISAPPROPRIATION OF GOTFINEART’S COPYRIGHT, PATENT, TRADE SECRETS, TRADEMARK, SERVICE MARK, TRADE DRESS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, YOU AND GOTFINEART AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES, THIS AGREEMENT OR ANY POLICY OR PRACTICES OF GOTFINEART (HEREAFTER COLLECTIVELY “DISPUTE”) WILL BE SUBJECT TO FINAL AND BINDING ARBITRATION CONDUCTED PURSUANT TO THE CALIFORNIA ARBITRATION ACT ‘[ CCP § 1280 ET SEQ.] AND AS OTHERWISE SET FORTH IN THIS SECTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR, SHALL BE SHARED AND PAID EQUALLY BETWEEN YOU AND GOTFINEART, SUBJECT TO THE ARBITRATOR’S DISCRETION TO AWARD THE COSTS OF THE ARBITRATION AND ARBITRATOR’S FEES TO THE PREVAILING PARTY. ARBITRATION WILL TAKE PLACE IN SAN MATEO COUNTY, SAN MATEO, CA. YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO HAVE THE COURT ADJUDICATE YOUR DISPUTE, YOUR RIGHT TO A JURY TRIAL, AND THAT ANY SUCH DISPUTE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR A JURY. ANY PROCEEDING TO ENFORCE THIS ARBITRATION AGREEMENT, COMPEL ARBITRATION OR ENFORCE ANY ARBITRATION AWARD OR DECISION SHALL BE BROUGHT IN THE CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF SAN MATEO.
C. NO CLASS ACTIONS. YOU AND GOTFINEART ACKNOWLEDGE THAT NEITHER ONE OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. YOU AGREE TO NOT TO SERVE AS REPRESENTATIVE OF A CLASS OR OTHER PERSON IN CONJUNCTION WITH ANY DISPUTE. D. LIMITATION OF TIME PERIOD TO COMMENCE A DISPUTE. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION OF ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH ANY RIGHT TO PURSUE LEGAL ACTION ON THE DISPUTE OCCURRED. FAILURE TO FILE AN ARBITRATION CLAIM AS DESCRIBED ABOVE WITHIN THE APPLICABLE LIMITATIONS PERIOD CONSTITUTES A WAVER OF SUCH CLAIM AND SERVES AS COMPLETE BAR TO ANY CLAIM BASED UPON ANY DISPUTE.

11. GENERAL PROVISIONS
A. RIGHT TO SEEK INJUNCTION. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE GOTFINEART IRREPARABLE HARM AND THEREFORE AGREE THAT GOTFINEART WILL BE ENTITLED TO SEEK INJUNCTIVE RELIEF IN COURT, INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS AND PERMANENT INJUNCTIONS WITHOUT THE NECESSITY OF POSTING A BOND OR SECURITY, IN ADDITION TO AND WITHOUT PREJUDICE TO ANY OTHER RIGHTS OR REMEDIES THAT GOTFINEART MAY HAVE FOR A BREACH OF THIS AGREEMENT.
B. MISCELLANEOUS. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND GOTFINEART REGARDING THE USE OF THIS SERVICE AND SITE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND GOTFINEART RELATED TO YOUR USE OF THIS SITE OR SERVICES INCLUDING ANY PRIOR VERSIONS OF THIS AGREEMENT. UNLESS OTHERWISE EXPRESSLY PROVIDED TO THE CONTRARY, THIS AGREEMENT SURVIVES TERMINATION OF YOUR APPLICATION AND USERSHIP TO THE SERVICE.
C. THE FAILURE OF GOTFINEART TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT BE DEEMED OR CONSTITUTE A WAIVER OF AND SHALL BE WITHOUT PREJUDICE TO GOTFINEART’S RIGHT TO SUBSEQUENTLY EXERCISE OR ENFORCE ANY SUCH RIGHT OR PROVISION.
D. THE EXTENT ANY PROVISION OR PART OF THIS AGREEMENT IS HELD INVALID, THE REMAINDER OF THIS AGREEMENT WILL CONTINUE IN FULL FORCE AND EFFECT.
E. THE SECTION TITLES IN THIS AGREEMENT ARE FOR THE CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
F. ATTORNEY FEES. IN ANY ARBITRATION, LEGAL ACTION OR OTHER PROCEEDING, FOR VIOLATION OR BREACH OF SEEKING A DECLARATION OF RIGHTS REGARDING THE PREVAILING PARTY, AS THAT TERM IS DEFINED BY CODE OF CIVIL PROCEDURE SECTION 1032(A)(4),SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEY FEES AND COSTS.

12. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE IF YOU BELIEVE THAT YOUR COPYRIGHTED MATERIAL HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND IS ACCESSIBLE ON THIS SITE, PLEASE NOTIFY GOTFINEART’S COPYRIGHT AGENT, AS SET FORTH IN THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1988 (DMCA). FOR YOUR COMPLAINT TO BE VALID UNDER THE DMCA, YOU MUST PROVIDE THE FOLLOWING INFORMATION IN WRITING:
A. AN ELECTRONIC OR PHYSICAL SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER;
B. IDENTIFICATION OF THE COPYRIGHTED WORK THAT YOU CLAIM IN BEING INFRINGED;
C. IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING AND WHERE IT IS LOCATED ON THE SITE;
D. INFORMATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING AND WHERE IT IS LOCATED ON THE SITE;
E. INFORMATION SUFFICIENT TO PERMIT GOTFINEART TO CONTACT YOU INCLUDING YOUR ADDRESS, PHONE NUMBER AND EMAIL ADDRESS;
F. A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR LAW; G. A STATEMENT MADE UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER. H. SUBMIT THIS INFORMATION TO GOTFINEART’S DMCA AGENT: DESIGNATED AGENT GOTFINEART, BARUH LAW, PALO ALTO, CA. JBARUH@BARUHLAW.COM (ANY OTHER INQUIRIES OR REQUESTS SENT TO THIS EMAIL ADDRESS WILL BE DISCARDED).