TERMS OF SERVICE

Last Updated: October 21, 2024

Welcome to Inolex!

Thanks for using the Inolex Inc. services including its website, and mobile and web-based applications, and any other tools, products, or services provided by Inolex Inc. that link to or reference these Terms (collectively, the “Services”). The Services are provided by Inolex Inc. (“Inolex”, “we,” “our,” or “us”), located at 601 Walnut Street, Suite 220, Philadelphia, PA 19106, U.S.A.

By using our Services or obtaining complementary product samples of sustainable ingredients sold through the Services (“Products”), you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our Products and Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Products, then those additional terms become part of your agreement with us if you use those Services. If you buy our Products or obtain complementary samples of Products, then you must also agree to our [Product Terms], available at [INSERT LINK]. In the event of any conflict between the [Product Terms] and these Terms, the [Product Terms] will prevail with respect to any issues arising from your use of the Products, and in all other respects these Terms shall prevail. By obtaining our Products, or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of these Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 8 AND 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

AS PART OF ITS SERVICES, INOLEX OFFERS VARIOUS PRODUCTS. THESE PRODUCTS ARE NOT INTENDED FOR A MEDICAL PURPOSE. THESE PRODUCTS ARE INTENDED TO BE INCORPORATED INTO CONSUMER HEALTH, BEAUTY AND WELLNESS PRODUCTS. THE PRODUCTS WHICH ARE MADE AVAILABLE VIA THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND INOLEX DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE OR DIAGNOSE YOUR HEALTH CONDITIONS OR THE HEALTH CONDITIONS OF ANY THIRD PARTIES. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DO NOT USE THE PRODUCTS OR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDERS. USE OF THE PRODUCTS OR SERVICES IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU THINK YOU OR ANY THIRD PARTY IS HAVING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY MEDICAL SERVICE PROVIDER. INOLEX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU OR ANY THIRD-PARTY, OR FOR ANY PARTICULAR PURPOSE. NO DIRECTOR, EMPLOYEE, AGENT, PARTNER OR REPRESENTATIVE OF INOLEX, ITS SUBSIDIARIES AND AFFILIATES IS ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS BEFORE USING ANY PRODUCTS MADE AVAILABLE VIA OUR SERVICES.

Using our Services

You must follow any policies made available to you within the Services, including our privacy policy.

Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Inolex name and logo, any third-party names, logos, or other branding, or any photos or other images used in our Services (including Product images and any other intellectual property of Inolex or any third party). Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

In connection with your use of the Services, we may send you service announcements, marketing eNewsletters, administrative messages, product updates, the latest news from Inolex, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process you opt-out.

Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable).

Your Inolex Account

You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply, and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@inolex.com.

Payment

You agree to pay all amounts owed to us for the Services under any terms, policies or other written or electronic agreement we may have in place.

Privacy and Feedback

Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

If you submit feedback or suggestions about our Services or Products, you agree that we may use your feedback or suggestions without obligation to you.

About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Inolex gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions, or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services and Products. We may add or remove Products, functionalities or features, and we may suspend or stop a Service or the offering of a Product altogether, at any time, without any notice or liability.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 6-13 will survive termination or expiration of these Terms indefinitely.

Product Information

A description of each Product available through the Services can be found on the applicable Product page on the Services. Product information, including descriptions, technical information, specifications, recommendations, and other information related to a Product (collectively, “Product Information”) are provided for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the Services may differ from the physical article depending on your Internet browser or the device or monitor you use.

Our Warranties and Disclaimers

(A) SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES.

(B) OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER INOLEX NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES AND PRODUCTS “AS-IS.”

(C) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, ADVERTISERS, REPRESENTATIVES, PARTNERS, AND DISTRIBUTORS, AND ALL THOSE THAT MANUFACTURED, MARKETED, ADVERTISED, SOLD OR PROVIDED THE PRODUCTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO THE RECEIPT, PURCHASE OR USE OF THE SERVICES AND/OR THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM OR RELATE TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, NEGLIGENCE, FRAUD, OR STRICT LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (i) IF THE CLAIMS RELATE TO YOUR USE OF THE SERVICES, THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN), (ii) IF THE CLAIMS RELATE TO THE COST YOU PAID TO PROCURE THE PRODUCTS, THE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM (OR, IF WE CHOOSE, THE COST OF PROVIDING YOU WITH REPLACEMENT PRODUCTS), OR (iii) $100 USD. THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY AND SHALL BE ENFORCEABLE EVEN IF WE HAD REASON TO KNOW OF THE POSSIBILITY OF PARTICULAR DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Inolex, its affiliated companies, parents and subsidiaries, and its and their predecessors, successors, and assigns, and its and their respective officers, directors, employees, agents, contractors, representatives, partners, licensors, suppliers, advertisers, and distributors, and all those that manufactured, marketed, sold or provided the Products, from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services or Products. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

About these Terms

We may modify these Terms or any additional terms that apply to a Service or a Product for any reason, for example, to reflect changes to the law or changes to our Services or Products. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. To the extent we modify any Terms applicable to a particular Product, you will be bound by the Terms as they were in-force at the time you requested or ordered the Product.

If there is a conflict between these Terms and any additional terms for a Service or Product, the additional terms will control for that conflict. These Terms supersede all prior written or oral understandings, constitute the entire agreement, and may not be changed, modified, or waived except as mutually agreed upon in writing specifically referring to this document. No modification shall be affected by the acknowledgment or acceptance of any product request, purchase order or other document containing other or different terms or conditions.

These Terms control the relationship between Inolex and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms, the Services, or the Products.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.

For information about how to contact Inolex, please visit our contact page at https://inolex.com/pc/Contact.

13. Binding Arbitration

Without limiting your waiver and release in Section 8, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Inolex will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 13 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 13 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services or Products, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Inolex" means Inolex and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Inolex by mail to 2101 S. Swanson Street, Philadelphia, PA 19148, U.S.A.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Inolex may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Inolex about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Inolex agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Inolex’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Inolex for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Inolex will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable, and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND INOLEX AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.