Terms & Conditions

Updated: 05 June 2023

These Terms of Service ("Terms"), which govern your use of the websites, applications, and other services provided by Certisfied (collectively, the "Certisfied Platform"), are a legally binding agreement between you and Certisfied. The Certisfied entity is referred to as "Certisfied," "we," "us," or "our" our site” throughout these Terms. By accessing or using any part of the Certisfied platform or our services provided on it or other Web sites, Web pages or other applications as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Certisfied from time-to-time without notice to you (“Terms”)

The Certisfied Platform provides an online platform where users (referred to as "Members' (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services.) can send items to us to help verify the authenticity of the item either directly from an ecommerce website or sending it to us through post offices. You must register an account to access and use many features of the Certisfied Platform and must keep your account information accurate. As the provider of the Certisfied Platform, Certisfied is not acting as an agent in any capacity for any brand. To learn more about Certisfied’s role see section 13.

In addition to these Terms, we also maintain other terms and policies, such as our Privacy Policy, which outlines how we gather and handle personal data

    Table of Content
  • 1. Our Mission
  • 2. General Terms
  • 3. Registration
  • 4. Use of Information.
  • 5. Use of Address
  • 6. Authentication and Order acceptance
  • 7. General terms
  • 8. Terms of Payment
  • 9. Risk, Delivery, and Title
  • 10. Certisfied Platform Rules.
  • 11. Termination, Suspension and other Measures
  • 12. Modification
  • 13. Certisfied’s Role
  • 14. Limitation of liability
  • 15. Indemnification
  • 16. Arbitration

1. Our Mission.

Our mission is to authenticate luxury items that you buy from retailers, personal shoppers, e- commerce website, or any other outlets by mailing the item to us, and we will visually inspect the item and use commercially reasonable efforts to confirm it is authentic and meets our condition standards for authentication or inauthenticity. We aim to provide a safe space for online shopping where you can apply to get your money back on e-commerce websites if the item is not authentic thereby reducing counterfeit in circulation.

2. General Terms

Anytime, for any reason, we have the right to deny service to anyone.
You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks; and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
Without our prior written consent, you undertake not to modify, adapt, translate, publish, broadcast, transmit, distribute, or commercially exploit any portion of the Service, use of the Service, access to the Service, or any contact on the Site through which the service is delivered.
The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.

3. Registration and Account

You represent and warrant that the personal information you give during the registration process for a customer account is true, accurate, current, and comprehensive in all material ways.
By contacting us, you agree to immediately notify us of any changes to the personal data.
You pledge not to use a false identity or a name that you are not authorized to use, or to impersonate another person or organization.
You guarantee and represent that you can enter into legally enforceable contracts, that you are of legal age to do so, and that you are not otherwise prohibited from receiving services under the laws of the United States or any other relevant jurisdiction. Additionally, you consent to updating the information you submit on the registration form on the website to keep it truthful, accurate, current, and comprehensive. The Certisfied has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if The Certisfied has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. You are in charge of protecting the security of your account information and password as well as limiting access to your computer if you use the Site or Service. You consent to being held accountable for all actions taken using your account or password. As a result, we urge you to log out of your account at the conclusion of each session. You consent to immediately alert The Certisfied of any unauthorized use of your account or any other security lapse. The Certisfied maintains the right, for any reason or no reason, to refuse service, terminate accounts, or remove or edit content.

4. Use of information

The Certisfied makes an effort to ensure that the data it posts on the website is accurate and comprehensive. The Certisfied does not promise that the functionality of the Site or Content will be error-free or that the Site, Content, or the server that makes it available are free of viruses, malicious code, or other potentially harmful components. The Certisfied does not guarantee that the Content or any other information available on the Site is accurate and/or error-free. Inaccurate, incomplete, or out-of-date information on this website is not our responsibility. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.

The Certisfied advises all Internet members to make sure they have virus-checking software that is up to date installed.

There may be historical data on this website. Historical information is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to monitor changes to our site. You can submit comments, text, images, audio, video, information, and other content (collectively, "Content") through certain sections of the Certisfied Platform. You grant Certisfied a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, transferable license to copy, alter, create derivative works of, distribute, publish, and otherwise use the Content you provide, regardless of its format or distribution method. If any Content contains personal information, our privacy statement explains how we utilize that personal information. When Certisfied enables or pays for the creation of Content, Certisfied may own the Content; in that instance, extra agreements or disclosures will state as much. All Content you submit is exclusively your responsibility, and you guarantee that you either own it or have the right to award Certisfied the licenses set forth in these Terms. If any of your Content violates or infringes upon a third party's intellectual property or privacy rights, you are accountable and liable.

5. Use of Address

i. Certisfied reserves the right to terminate any authentication services and exclude any individual or entity from utilizing our services if it is determined that our address or platform is being used for fraudulent purposes. Any such determination will be made at the sole discretion of Certisfied, and we shall not be liable for any damages or losses resulting from such exclusion.

ii. Pre Authentication Address- Certisfied shall not be held liable for any packages sent to our address in error or for any issues related to incorrect addressing or missing packages. It is the responsibility of the customer to ensure that the correct address is used when sending packages for authentication. Certisfied shall not be responsible for any loss, damage, or delay in the receipt of packages sent to our address, nor for any consequences thereof. Customers are advised to verify the accuracy of the address before dispatching their packages and to use appropriate shipping methods with tracking and insurance to mitigate any potential risks.

iii. Post authentication Address- Certisfied shall not be liable for any issues arising from incorrect or incomplete address information provided by the customer. It is the responsibility of the customer to ensure that the shipping address provided for the return of authenticated goods is accurate and up to date. Certisfied shall not be responsible for any delays, misdeliveries, or lost packages resulting from incorrect address information or any issues related to the shipping carrier's services. Customers are advised to review their shipping information carefully before submitting their authentication requests and to promptly contact Certisfied if any changes need to be made.

iv. If a package is sent to Certisfied's address in error, the client shall be responsible for paying a fine of USD 30 or its equivalent to cover the cost of handling and re-shipping the package to the correct address. Certisfied reserves the right to withhold authentication services until the fine is paid in full. Payment must be made through the client's preferred payment method, and re-shipping will commence upon receipt of payment. Certisfied shall not be liable for any delays, damages, or losses resulting from packages sent to the incorrect address, and the client acknowledges and agrees to bear full responsibility for any such consequences.

6. Authentication and Order Acceptance

We have the right to accept any orders you place with us. Unless we are prohibited from doing so by statutory law, we reserve the right to decline your order at any time and without obligation to you. Here are some instances where we might reject your order:

i. If an item is considered fraudulent or purchased in one of such manner ii. If your payment cannot be authorized; iii. If you order multiple units of a single item to be delivered to a single customer or delivery address; iv. If an item has shipping restrictions; or v. If the delivery address you provide is the location of a company or person that offers freight forwarding services.

After placing an order with us, we'll send you an email with your order number, information about the Services you ordered from us, and information about the delivery you chose. Please be aware that this email only serves to acknowledge the receipt of your order from us and does not signify acceptance of it. After the Items have been sent by our delivery partner on your behalf by your delivery contract with us, only then will we accept your order and form (a) a contract of sale of the Services between you and us and (b) a contract for delivery services between you and us. After entering the contract of sale, we will be under a legal duty to authenticate the item(s) you sent that conform with the contract. You might be given the option to create an account with us when completing your first order, and you'll have to fill out certain mandatory fields on an order form. For you to have access to some portions of the Site, such as the My Account section ("Secure Access"), we may give you or request that you use identifications, passwords, and other means. Your order progress could be lost if extended inactivity breaks your connection to the site. You will need to enter your choice again in this situation. Please be aware that the things you have added to your shopping cart are not reserved and could be purchased by another consumer. You will have the chance to examine your choice, confirm the total cost of your order, and fix any entry errors before submitting your transaction. If you do send us a package without a valid order to go with it, we will not be liable for what happens to your package, If you send us a package by accident, you will be responsible for all shipping fees that come with rerouting that package back to you. If you send us an item that is not listed amongst the items we authenticate, we are not required to do a partial or full refund and you will be responsible for every other expense incurred on that item being sent back to you.

Authentication generally takes 1-3 days for regular authentication and 12 – 24 hours for Expedited authentication, However, because Certisfied cannot control the amount of time it takes for the item to reach Certisfied, we cannot guarantee a specific delivery timeframe for any items and therefore, members are not permitted to cancel the order if the item does not ship from the sender within the specified timeframe. If a member does not receive an item, the member shall promptly report the issue to Certisfied within 2 days of the latest estimated delivery date. Certisfied has the right, in our sole and absolute discretion to refuse to accept returns or other refunds. No refunds will be issued for items that are determined to be inauthentic, and it is at our sole discretion to do a refund for items that are determined to be Unidentifiable. You accept and acknowledge that The Certisfied authentication procedure is internal and impartial. Brands identified on the Site are not involved in the authentication of the items being authenticated, and Neither we nor any of the brands identified on the website assumes any responsibility for any Items that are inauthentic or unidentifiable. Brands that are sold on the website are not in any way associated with or linked with The Certisfied. The Certisfied does, however, fully help with businesses looking to identify the source of counterfeit goods, including disclosing the contact details of consignors submitting fake items.

After placing an order with Certisfied, clients may be contacted by our team to provide additional specific details related to their order, including but not limited to item specifications, authentication requirements, and shipping preferences. Clients are responsible for promptly responding to any inquiries or requests for clarification to ensure timely processing and fulfillment of their order. Failure to provide requested details may result in delays or cancellation of the order at Certisfied's discretion. By placing an order with Certisfied, clients consent to be contacted for purposes related to order fulfillment and authentication services. Certisfied employs a standard authentication process to determine the authenticity of luxury goods submitted by clients. While every effort is made to ensure the accuracy and reliability of our authentication services, Certisfied cannot guarantee 100% accuracy due to the subjective nature of authentication and the possibility of counterfeit goods becoming increasingly sophisticated. Therefore, clients acknowledge and agree that Certisfied shall not be held liable for any errors, omissions, or inaccuracies in the authentication process, including but not limited to misidentification of counterfeit items. Clients further agree to indemnify and hold Certisfied harmless from any claims, damages, or losses arising from or related to the authentication process, including but not limited to reliance on authentication results for purchasing or selling decisions.

7. Pricing

For the right to use the Certisfied service, Certisfied charges you for whichever services you select and it is for Certisfied services only, and at checkout you will see total that includes any SST or additional sales taxes due. Prices do not include any delivery fees that may apply to you. Prices for services do not include any shipping cost as it is your sole responsibility to pay any to all customs duties and taxes due to you.
We make an effort to ensure that the Site's pricing information is accurate. However, mistakes do happen occasionally, and services might be mispriced. Subject to our right to decline an order, we shall bill you the lower sum and send you the Service if the real cost of a Service is less than the price indicated on the Site. If the real cost of a Service is greater than the price listed on the Site, we may, in our sole discretion, contact you to ask if you'd want to proceed with the transaction at the higher cost or cancel it and let you know. We won't have to provide Services at the wrong price. The Certisfied reserves the right to change pricing at any time and without prior notice for services advertised on the website, but such modifications won't be made to orders for which you have already received a shipping confirmation.
Please be aware that additional duties may be due to your local tax authorities upon receipt of your delivery in some countries. The payment of any such import duties and taxes shall be your responsibility. Please be aware that we cannot control or determine the exact amount of these costs.
Before placing your order, kindly get in touch with the customs office in your area. Please be aware that you are required to abide by all applicable laws and rules of the nation where the Items are intended. We will not be liable for any breach by you of any such laws. We shall not be liable for any costs, expenses, charges, or other liabilities that you may incur or suffer as a result of your card issuer or payment method provider billing you in a currency other than the United States Dollar (USD). This final price is calculated and charged by your card issuer, bank, or payment method provider.

8. Terms of Payment

The order price for the service (which you pay to us) plus any shipping fees will make up the total cost of your order.
You certify that the credit/debit card being used is yours, and that all information you submit to us regarding it, including but not limited to name and address information, is complete, correct, and accurate. You also attest to the legitimacy of the credit or debit card and the accuracy of the entered payment information. The card issuer or payment method provider must validate and authorize all credit/debit cards and holders of payment accounts. We will not accept your order and will not be responsible for any delays or non-delivery, and we are not required to let you know why the card issuer rejected your payment if they refuse to authorize it.
As a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or because of you being outside the United States, we are not responsible for any charges or other amounts that may be applied by your card issuer, bank, or payment method provider. The final price can be charged in the currency of your card or account if your credit/debit card or method of payment is not in United States Dollar (USD).

9. Risk, Delivery, and Title

Currently, our delivery partners send out packages instead of us. Orders will be delivered to the address you provided for delivery on your order form. If that delivery address is inaccurate or inaccurate, neither we nor our delivery partner are accountable. Please be aware that our delivery partner does not offer PO Box delivery. Please be aware that there might be limitations on the places our delivery partner can deliver packages. Delivery limits will be made extremely clear on the platform.

10. Certisfied Platform Rules Applicable to all.

10.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
a. Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Policy and do not discriminate against or harass others.
b. Do not scrape, hack, reverse engineer, compromise, or impair the Certisfied Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Certisfied Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Certisfied Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Certisfied Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Certisfied Platform.
c. Only use the Certisfied Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Certisfied Platform as authorized by these Terms.
- Do not use the Certisfied Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the Certisfied Platform solely as necessary to enable your use of the Certisfied Platform Member.
- Do not use Content unless you have permission from the Content owner, or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any Escrow outside of the Certisfied Platform to avoid paying fees, taxes, or for any other reason
- Do not require or encourage Member to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application, or service unless authorized by Certisfied.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not Begin to send in items unless you have a valid Certisfied order to go with it.
- Do not use, copy, display, mirror, or frame the Certisfied Platform, any Content, any Certisfied branding, or any page layout or design without our consent.
d. Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy policy.
Read and follow our Terms, Additional legal terms, and Policies.

- Do not use the name, logo, branding, or trademarks of Certisfied or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or another source identifier that may be confused with Certisfied branding.
- Do not offer Services that violate the laws or agreements that apply to you
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.

10.2 Reporting Violations.
Before contacting Certisfied, you should immediately contact the appropriate authorities if you think that a Member, or Content constitutes an immediate risk of harm to a person or item. Additionally, you should contact Certisfied if you think that a Member, or piece of content has broken our conditions. Certisfied could ask to see a copy of any complaints you made to the local authorities. You acknowledge that we are under no obligation to respond to any report, unless otherwise compelled by law.

11. Termination, Suspension, and other Measures. Applicable to general users.

11.1 Term.
The agreement between you and Certisfied reflected by these Terms is effective when you access the Certisfied Platform (for example to create an account) and remains in effect until either you or we terminate the agreement by these Terms.
11.2 Termination.
By emailing us or deleting your account, you can discontinue this agreement at any time. This Agreement and your Account may be terminated by Certisfied at any time for any reason by giving you 30 days notice by email or through any other contact method you have specified for your Account. In addition, if you violate any of our Additional legal terms or policies, any applicable laws, or if we have a good faith belief that termination is necessary to protect Certisfied, its Members, or third parties, Certisfied may terminate this agreement immediately and without notice and stop providing access to the Certisfied Platform. We may close your account without warning if it hasn't been used for more than two years.
11.3 Member Violations.
If you violate any of the following conditions:
i)these Terms, our Additional Legal Terms, Policies, or Standards;
ii)any laws, rules, or the rights of a third party; or
iii)if Certisfied determines that it is reasonably necessary to protect Certisfied, its Members, or third parties, Certisfied may take the following actions with or without prior notice:
- suspend or limit your access to or use of the Certisfied Platform and/or your account;
- withhold or return items with or without a refund;
- cancel pending orders; or
- suspend or revoke any special status associated with your account.

You will be informed of any planned action by Certisfied and given the chance to work out a solution for minor violations or other situations that Certisfied deems appropriate in its sole discretion. By contacting customer support, you can contest any actions we take by this Section

11.4 Legal Mandates.
To comply with the law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, Certisfied may take any action it deems to be reasonably necessary, including the actions outlined in Section 10.3 above.

12. Modification. Applicable to general users.

These Terms may be changed at any time by Certisfied. When we make significant changes to these Terms, we'll update the "Last Updated" date at the top of these Terms and post the new Terms on the Certisfied Platform. Any significant changes will also be communicated to you through email at least 30 days before they take effect. You may immediately terminate this agreement in accordance with these Terms if you object to the updated Terms. Your continuing use of the Certisfied Platform or access to the platform will be deemed acceptance of the new Terms if you do not cancel your agreement prior to the effective date of the new terms.

13. Certisfied’s Role. Applicable to general users.

We grant you access to a platform that lets members send in items for authentication, where we use commercially reasonable efforts to determine the authenticity of their items . While we make every effort to guarantee that our Members get the most out of Certisfied, we are unable to monitor how delivery companies and sites behave. You agree that Certisfied has the right, but not the duty, to keep an eye on how the Certisfied Platform is used and to check the accuracy of the data, but each member has the sole right to check background, history and refuse patronize Certisfied. For instance, we may examine, block access to, delete, or modify Content to
(i) maintain, protect, and enhance the Certisfied Platform (including for fraud prevention, risk assessment, investigation and customer support purposes);
(ii) ensure Members’ compliance with these Terms.
(iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
(iv) address Content that we determine is harmful or objectionable.
(v) take actions set out in these Terms; and
(vi) maintain and enforce any quality or eligibility criteria, including by refusing services to items that don’t meet quality and eligibility criteria. Members acknowledge and agree that Certisfied administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for items) ,including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Certisfied in good faith, and to provide Certisfied with such information and take such actions as may be reasonably requested by Certisfied with respect to any investigation undertaken by Certisfied regarding the use or abuse of the Certisfied Platform. Certisfied is not acting as an agent for any brand or site, we are solely independent and our means of authentication is independent of any brands
The Services provided through the Certisfied platform may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Certisfied to sell a specific service for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Certisfied does not make any representation or warranty with respect to such third- party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release Certisfied from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

14. Limitation of Liability

In no event shall Certisfied be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Certisfied platform, with the delay or inability to access or use the Certisfied platform or related services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Certisfied platform, or otherwise arising out of the use of the Certisfied platform, whether based on contract, tort, negligence, strict liability or otherwise, even if Certisfied has been advised of the possibility of damages. Any services or content made available or obtained using the Certisfied platform, and all other use of the Certisfied platform, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom. We do not warrant that verification; authentication of one brand or site will certify that everything else is authentic. All authentication means to commercially available extent we have verified that item and nothing else. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any site, personal shopper or retailer; we do not warrant the performance or non-interruption of the Certisfied Platform; and The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
If you are dissatisfied with any portion of the Certisfied platform, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Certisfied platform

15. Indemnification.

To the fullest extent permitted by law, you agree to hold Certisfied (including Certisfied tags ,packaging, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) your violation of these Terms and your improper use of the Certisfied Platform,
(ii) any Additional Legal Terms, Policies, or Standards (including any supplemental or additional terms that apply to a service or feature), or
(iii) your interaction with any site, personal shoppers, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, contracting, sales, participation or use,
(iv) your failure, or our failure at your direction, to accurately authenticate or deliver items
(v) your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights.

16. Arbitration

You and Certisfied acknowledge and agree that binding arbitration, and not a court of law, shall be used to resolve any claims or disputes arising out of or related to these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof. The arbitration shall take place in Atlanta, Georgia, or another location mutually agreed upon by the parties. Only after you and Certisfied have made sincere efforts to settle the matter and those efforts have failed can such arbitration take place. According to the "AAA" Commercial Arbitration Rules, the arbitration will be overseen by the American Arbitration Association ("AAA") and conducted in private.

CERTISFIED AND YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL IN ALL ARBITRABLE DISPUTES. Additionally, you and Certisfied acknowledge and accept that in all such disputes, we are each relinquishing our right to take part as a plaintiff or class member in any alleged class action or representative process. Additionally, any arbitration shall be conducted individually rather than as a part of a class, collective, consolidated, or representative proceeding unless You and Certisfied agree otherwise in writing.

The following claims are exempt from this arbitration clause: (i) any claim involving actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim requesting an immediate injunction due to emergency situations. Any claim that is not subject to the agreement above to arbitrate must be brought before a court of competent jurisdiction in Delaware.

If any part of this arbitration clause is deemed to be invalid or unenforceable, the invalid or unenforceable part shall be deleted from these conditions. The balance of the arbitration provision, which shall be given full force and effect, shall not be affected by the severance of any unenforceable or unlawful elements of this arbitration clause.