User's Manual

US7,420,471; US8,169,335; US8,232,888; US5,939,986;

US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;

ZA2010/06816, ZA2010/09068 Patent Pending

Choice of Law; Dispute Resolution. The Agreement shall be governed by, and construed in accordance

with the laws of the State of Alabama, without regard to its conflicts of law provisions. In the event of

any dispute, claim, question or disagreement (“Claim”) between You and FEP arising from or relating to

Your use of the System, You and FEP will attempt, in good faith, to resolve any Claim within thirty (30)

days after written notice of the Claim. Any Claim not so resolved shall be finally settled by binding

arbitration administered by the American Arbitration Association under its Commercial Arbitration

Rules, using the Expedited Procedures. Judgment on the award rendered by the arbitrator(s) may be

entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in

the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no

authority to impose penalties or award punitive damages. The arbitration shall take place in Madison

County, Alabama, and the arbitrator shall apply the law of the State of Alabama and applicable rules of

evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written

communication. Unless the arbitrator otherwise directs, the parties, their representatives, other

participants, and the arbitrator shall hold the existence, content, and result of the arbitration in

confidence. No action, regardless of form, related to the obligations of the parties under this Agreement

may be brought by either party against the other more than one (1) year after the cause of action has

accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in

addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable

attorneys’ fees.

Nothing in this Section shall preclude any party from seeking equitable relief from a court of competent

jurisdiction or exercising any self-help remedies, whether before, during or after the pendency of any

arbitration proceeding. The parties agree that taking any such action does not waive any right that

either party has to demand arbitration at any time with respect to subsequent or amended disputes

claimed or filed against a party after commencement of litigation. BY AGREEING TO THESE TERMS AND

CONDITIONS, ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO A JURY OR COURT TRIAL. If any provision

of this dispute resolution procedure is held invalid or unenforceable, the remaining provisions shall

remain in full force and shall not be affected by the invalidity of any other provision.

By tapping "Accept", you again agree and confirm that you have read and understood these Terms of

Service and the Disclaimer.

V. Entire Agreement; Assignment; Miscellaneous. These Terms constitute the complete and

exclusive statement of the agreement between You and us. It supersedes any and all prior or

contemporaneous agreement, oral or written, and any other communications, representations,

warranties and understanding relating to the subject matter hereof. If there is a conflict between an oral

or written representation of any FEP employee or agent, or any Dealer or Distributor employee or agent,

and these Terms, these Terms will prevail. These Terms will prevail over other rules and policies on the

System. Our failure to enforce any provision of these terms shall not be deemed either a waiver of such

provision or a waiver of the right to enforce such provision. If any provision of these Terms is held by an

arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be

construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall

remain in full force and effect. The provision of these Terms which, by their terms should survive

termination or expiration of these Terms, shall survive the termination or expiration hereof. FEP may