Goldzero Terms of Service

Welcome to Goldzero and 123 eCart

1. 123 e Cart and You

1.1 Your use of 123 eCart's shopping cart solution, products, software, and services (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and 123 eCart. "123 eCart" means Goldzero, LLC, whose principal place of business is at 1805 Carson Street, Carson City, NV 89701, United States. This document is the agreement, and sets out the terms of that agreement.

1.2 Unless otherwise agreed in writing with 123 eCart, your agreement with 123 eCart will always include, at a minimum, the terms and conditions set out in this document. The terms, together with the additional terms, form a legally binding agreement between you and 123 eCart in relation to your use and/or purchase of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms of Service".

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) Clicking to accept or agree to the Terms, where this option is made available to you by 123 eCart in the user interface for the Service; or

(B) by actually using the Services. In this case, you understand and agree that 123 eCart will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with 123 eCart, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Provision of the services by 123 eCart

3.1 123 eCart may, at times, have subsidiaries and affiliated legal entities; and, sometimes, these companies may be providing the Services to you on behalf of 123 eCart itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

3.2 123 eCart is constantly innovating in order to provide the best possible experience for its users of shopping carts and other products and solutions. You acknowledge and agree that 123 eCart may modify the form of the Services which 123 eCart provides. Such changes may be made from time to time without prior notice to you.

4. Use of the services by you

4.1 In order to access Services, you will be required to provide information about yourself (such as identification or contact details and credit card information) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to 123 eCart will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by 123 eCart, unless you have been specifically allowed to do so in a separate agreement with 123 eCart. You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with 123 eCart, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that 123 eCart has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which 123 eCart may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to 123 eCart for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify 123 eCart immediately at support@123 eCart.com.

6. Privacy and your personal information

6.1 For information about 123 eCart's data protection practices, please read 123 eCart's privacy policy at http://www.123 eCart.com/privacy.html. This policy explains how 123 eCart treats your personal information, and protects your privacy, when you use the Services.

6.2 You agree to the use of your data in accordance with 123 eCart's privacy policies.

7. Content in the services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. Not all content is developed by 123 eCart. All such information is referred to below as the "Content".

7.2 You should be aware that as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to 123 eCart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by 123 eCart or by the owners of that Content, in a separate agreement.

7.3 123 eCart reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any 123 eCart application or service.

7.4 You agree that you are solely responsible for (and that 123 eCart has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which 123 eCart may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that 123 eCart (or 123 eCart's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by 123 eCart and that you shall not disclose such information without 123 eCart's prior written consent.

8.2 Unless you have agreed otherwise in writing with 123 eCart, nothing in the Terms gives you a right to use any of 123 eCart's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 123 eCart acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with 123 eCart, you agree that you are responsible for protecting and enforcing those rights and that 123 eCart has no obligation to do so on your behalf.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.5 Unless you have been expressly authorized to do so in writing by 123 eCart, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. License from 123 eCart

9.1 123 eCart gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by 123 eCart as part of the Services as provided to you by 123 eCart (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 123 eCart, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 123 eCart, in writing.

9.3 Unless 123 eCart has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Software updates

10.1 The Software which you use may automatically download and install updates from time to time from 123 eCart. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 123 eCart to deliver these to you) as part of your use of the Services.

11. Payment

11.1 Payment Terms. Unless modified in accordance with this agreement, you will pay all fees due according to the prices and terms applicable to your Services, including option features. 123 eCart reserves the right to require a security deposit prior to, or during, or upon reactivation of Service. All installation or setup fees and nonrecurring charges, along with the first month's recurring charges, shall be due and payable prior to or immediately upon initiation of Service. Thereafter, recurring fees will be invoiced, 15 days in advance of the due date.

11.2 If you are past due in your payments for any reason, the Service may be terminated and removed from 123 eCart's servers with or without notice, and all the information contained within deleted permanently. 123 eCart accepts no liability for information or content that is deleted due to an invalid credit card or where your payments are past due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional setup fees of $50.00. In the event you fail to pay charges, 123 eCart may assign unpaid late balances to a collection agency for appropriate action or initiate legal action against you in Page County, Iowa. In the event legal action is necessary to collect on balances due, you agree to reimburse 123 eCart for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or 123 eCart on the charges and all late payment, interest, or other fees as stated on your bill. You will also be charged a fee of $50.00 for any check returned to 123 eCart relating to the Service. 123 eCart may modify its billing practices or late payment charges by providing you with prior written notice of the modification. 123 eCart in its discretion may offer discounts or special offers from time to time.

12. Shopping cart charges

12.1 You will be charged, as applicable, (a) a one-time setup fee, (b) a monthly hosting fee, and (c) a monthly shopping cart usage fee, with payments due in advance no later than the first day of the new billing period, regardless whether you are billed monthly, quarterly or annually. Billing is submitted 15 days prior to that final due date, and cards will be charged at that time. A payment is overdue if not paid by the second day of the new billing period. 123 eCart will calculate all fees.

13. Taxes

13.1 You shall pay or otherwise be responsible for all federal, state or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.

14. Bill Inquiries and refunds

14.1 If you believe you have been billed in error for the Service, please notify 123 eCart within 60 days of the billing date by contacting Customer Service about the error. Customer Service can be reached at 877-945-4678 or by emailing billing@123 eCart.com. 123 eCart will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. All inquiries regarding payment or your account should be directed to 877-945-4678.

15. Ending this agreement

15.1 The Terms will continue to apply until terminated by either you or 123 eCart as set out below.

15.2 If you want to terminate your legal agreement with 123 eCart, you may do so by (a) notifying 123 eCart at any time and (b) closing your account for all of the Services which you use with 123 eCart. Your notice must be sent, by email, to 123 eCart's notice of account termination address at cancel@123 eCart.com. You will not be entitled to a refund of any unused portion of your Service upon termination.

15.3 123 eCart may, at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms including but not limited to failure to pay any obligation on time (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or 123 eCart may terminate these Terms at any time upon notice to you. Notwithstanding anything to the contrary herein, 123 eCart may also, but has no duty to, immediately suspend or terminate your Service, terminate your access and password, remove your Service from 123 eCart servers, or remove any Content within the Service, if 123 eCart concludes, in its sole discretion, that you have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable 123 eCart Policy or any applicable law or regulation; or, you have provided false information as part of your Account Information; or, you are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or you are engaged in activities or sales that may damage the rights or reputation of 123 eCart or others (each "Termination for Cause"). Any Termination for Cause by 123 eCart will take effect immediately, and you expressly agree that you will not have any opportunity to cure. If your 123 eCart Service is terminated for any reason, these Terms and your access to the Service will also be terminated.

(B) 123 eCart is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom 123 eCart obtains the Services to you has terminated its relationship with 123 eCart or ceased to offer the Services to you; or

(D) 123 eCart is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) The provision of the Services to you by 123 eCart is, in 123 eCart's opinion, no longer commercially viable.

16. Deletion of content

16.1 Upon any termination of the Service, 123 eCart reserves the right to permanently delete from its servers any and all information and content contained in your account or Service, including but not limited to order-processing information, mailing lists, files, email, shopping cart data, pictures, audio files and any web pages generated by you or the Service. 123 eCart accepts no liability for such deleted information or content.

17. Prohibited uses

17.1 You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of 123 eCart: (i) is in violation of any local, state, federal, or foreign law or regulation, (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively "Persons"), or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for your use. You agree that you will NOT knowingly use the Service, among other things, to:

(a) upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including but not limited to a 123 eCart official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(e) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

(h) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(m) "stalk" or otherwise harass another;

(n) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;

(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;

(p) collect, transmit, or store any type of adult, mature, or sexually explicit content; or

(q) You agree to indemnify and hold harmless 123 eCart from any claims resulting from the use of the Services which damages you or any other party. 123 eCart reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals at any time. These investigations will be conducted solely for 123 eCart's benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in 123 eCart's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the Terms, 123 eCart may immediately shut down the cart, and notify you of the action. You agree to waive any cause of action or claim you may have against 123 eCart for such action.

17.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and 123 eCart have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

18. EXCLUSION OF WARRANTIES

18.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT 123 eCart'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

18.3 IN PARTICULAR, 123 eCart, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

18.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

18.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 123 eCart OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

18.6 123 eCart FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY

19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT 123 eCart, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVETERISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH 123 eCart MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE 123 eCart WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

19.2 THE LIMITATIONS ON 123 eCart's LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT 123 eCart HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

20. Copyright and trade mark policies

20.1 It is 123 eCart's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of this policy can be obtained by writing to 123 eCart at 1805 Carson Street, Carson City, NV 89701 and requesting such policy in writing.

21. Advertisements

21.1 123 eCart may receive advertising revenue and may display advertisements and promotions on 123 eCart's website, the manner, mode and extent of advertising subject to change without specific notice to you.

22. Changes to the terms

22.1 123 eCart may make changes to the Terms from time to time. When these changes are made, 123 eCart will make a new copy of the Terms available at http://www.123 eCart.com/tos.php and any new or additional Terms will be made available to you from within, or through, the affected Services.

22.2 You understand and agree that if you use the Services after the date on which the Terms or Additional Terms have changed, 123 eCart will treat your use as acceptance of the Terms and/or Additional Terms.

23. General legal terms

23.1 The Terms constitute the whole legal agreement between you and 1234ecart and govern your use of the Services (but excluding any services which 123 eCart may provide to you under a separate written agreement), and completely replace any prior agreements between you and 123 eCart in relation to the Services.

23.2 You agree that 123 eCart may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

23.3 You agree that if 123 eCart does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of 123 eCart's rights and that those rights or remedies will still be available to 123 eCart.

23.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

23.5 You acknowledge and agree that each member of the group of companies of which 123 eCart is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

23.6 The Terms, and your relationship with 123 eCart under the Terms, shall be governed by the laws of the State of Iowa without regard to its conflict of laws provisions. You and 123 eCart agree to submit to the exclusive jurisdiction of the courts located within the county of Taylor, Iowa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that 123 eCart shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

23.7 Any dispute between 123 eCart and you, except simple collection actions on a debt under $5,000.00 in total damages claimed, or a suit for injunctive relief to enforce this agreement, will be resolved by arbitration. The American Arbitration Association rules shall apply to this arbitration. The arbitration, shall take place in Taylor County, Iowa. 123 eCart and you shall pay your own costs and fees in connection with any arbitration and/or appeal or an arbitration award. An application by 123 eCart for an injunction may be heard by a court and is not subject to the limitations contained in this paragraph or 17.6 above.

23.8 123 eCart may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize 123 eCart to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You.