AEGIS SORTATION, LLC

WEBSITE TERMS OF USE

Last Updated: July 14, 2026

1. Acceptance of These Terms

These Terms of Use (these “Terms”) govern your access to and use of the website located at https://www.aegissortation.com, including all content, information, functionality, and features offered on or through it (collectively, the “Site”). The Site is owned and operated by Aegis Sortation, LLC (“Aegis,” “we,” “our,” or “us”), a Kentucky limited liability company headquartered in Louisville, Kentucky, providing business-to-business (B2B) industrial automation, sortation, and material-handling solutions.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. SECTION 20 OF THESE TERMS CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 20(I), YOU AGREE THAT DISPUTES BETWEEN YOU AND AEGIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site. These Terms constitute a legally binding agreement between you and Aegis.

2. Eligibility; Authority to Bind

The Site operates exclusively in a B2B and professional context and is offered and available only to users who are eighteen (18) years of age or older. By using the Site, you represent and warrant that you meet this eligibility requirement. The Site is not directed to children, and no one under the age of eighteen (18) may use the Site.

If you access or use the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” refer to both you individually and that entity, jointly and severally. If you do not have such authority, you must not accept these Terms or use the Site on behalf of that entity.

3. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective when posted to the Site and apply to all access to and use of the Site thereafter, except that changes to the dispute-resolution provisions in Section 20 will not apply to any dispute for which the parties have actual written notice on or before the date the change is posted. When we make material changes, we will provide prominent notice on the Site and update the “Last Updated” date at the top of these Terms. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.

4. Privacy Policy

Our collection, use, disclosure, and retention of Personal Information (as that term is defined in the Privacy Policy) obtained through the Site — including through cookies, analytics, business-intelligence and visitor-identification technologies, and advertising technologies — are described in our Website Privacy Policy, available at [PRIVACY POLICY URL] (the “Privacy Policy”), together with its Cookie Disclosure Addendum. The Privacy Policy describes, among other things, your privacy rights under applicable state privacy laws, our processing of opt-out preference signals such as the Global Privacy Control, and the “Do Not Sell or Share My Personal Information” link available in the Site footer. By using the Site, you acknowledge that you have had the opportunity to review the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to the collection, use, or disclosure of Personal Information, the Privacy Policy controls as to those matters.

5. Access to the Site; Termination

We reserve the right to withdraw, amend, suspend, or discontinue the Site, and any service, content, feature, or material we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. The Site does not offer user accounts, and no registration is required to browse the Site.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

We may terminate or suspend your access to all or part of the Site, without notice and without liability, for any conduct that we believe, in our sole discretion, violates these Terms or applicable law, or is otherwise harmful to the interests of Aegis, other Site users, or third parties. Sections 6, 7, 9, 11, and 16 through 25 survive any termination of these Terms or of your access to the Site.

6. Intellectual Property Rights

The Site and its entire contents, features, and functionality — including all information, text, graphics, photographs, images, illustrations, video, audio, designs, product specifications, technical drawings, software, and the design, selection, and arrangement thereof (collectively, the “Content”) — are owned by Aegis, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, Aegis grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content solely for your internal business purposes in evaluating, purchasing, or using Aegis products and services. You may print or download a reasonable number of pages of the Site for such internal business use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in them.

Except as expressly provided above, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by Aegis. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Trademarks

The names “Aegis Sortation” and “Aegis,” the Aegis Sortation logo, and all related names, logos, product and service names, designs, taglines, and slogans are trademarks or trade dress of Aegis or its affiliates or licensors. You must not use such marks without the prior written permission of Aegis. All other names, logos, product and service names, designs, and slogans appearing on the Site are the trademarks of their respective owners, and nothing on the Site should be construed as granting any license or right to use them.

8. Acceptable Use; Prohibited Activities

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to, and not to permit or assist any third party to:

•        Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.

•        Use any robot, spider, crawler, scraper, or other automated means to access the Site, or to extract, harvest, mine, index, copy, or monitor the Site or any Content, including for purposes of data aggregation, lead generation, competitive intelligence, or training, fine-tuning, or developing any artificial intelligence, machine learning, or large language model, except that operators of public search engines may use spiders to index materials from the Site solely for the purpose of creating publicly available searchable indices (but not caches or archives) of such materials.

•        Harvest or collect email addresses, contact information, or other Personal Information of any person from the Site.

•        Introduce any viruses, Trojan horses, worms, logic bombs, spyware, or other material that is malicious or technologically harmful.

•        Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, network, or database connected to the Site, or circumvent, disable, or interfere with any security-related or consent-management features of the Site, including the cookie-consent banner.

•        Attack the Site via a denial-of-service attack, distributed denial-of-service attack, or otherwise interfere with the proper working of the Site or with any other party’s use of the Site.

•        Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software forming part of the Site.

•        Frame, mirror, deep-link to, or embed any portion of the Site for any commercial purpose without our prior written consent.

•        Impersonate or attempt to impersonate Aegis, an Aegis employee, another user, or any other person or entity, or misrepresent your identity or affiliation in any submission made through the Site’s forms.

•        Use the Site’s contact, quote-request, or career-inquiry forms to transmit any advertising, promotional material, spam, chain letters, or any other similar solicitation, or any material that is defamatory, obscene, threatening, or otherwise unlawful.

•        Use the Site or any Content to develop, market, or support any product or service that competes with Aegis.

We reserve the right to investigate suspected violations of this Section, to involve and cooperate with law enforcement authorities, and to pursue all available legal remedies, including civil, criminal, and injunctive relief.

9. Submissions; Feedback; Unsolicited Ideas

The Site permits you to submit information through contact forms, quote-request forms, and career-inquiry forms (each, a “Submission”). You represent and warrant that all information you provide in any Submission is true, accurate, and current, that you have the right to provide it, and that your Submission does not violate the rights of any third party. Personal Information contained in Submissions is handled in accordance with the Privacy Policy.

If you provide us with any suggestions, comments, ideas, improvements, or other feedback relating to the Site or to Aegis products or services (collectively, “Feedback”), you agree that such Feedback is non-confidential and non-proprietary, and you grant Aegis a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and otherwise exploit such Feedback for any purpose, without compensation, attribution, or obligation to you. Aegis does not accept unsolicited confidential ideas or proposals through the Site; please do not submit any information that you consider confidential or proprietary.

10. Career Inquiries

The Site’s careers page allows you to express interest in employment opportunities with Aegis. A career inquiry submitted through the Site is not an employment application, and nothing on the Site constitutes an offer of employment, a promise of future employment, or a contract of employment. Formal employment applications are processed through Aegis’s third-party applicant tracking system, which is governed by its own terms and by Aegis’s separate applicant privacy notice, as described in the Privacy Policy. Aegis is an equal opportunity employer.

11. Product Information; No Offer; No Professional Advice

The Content is provided for general informational purposes only. Product descriptions, specifications, performance data, capacities, throughput rates, dimensions, images, videos, and renderings appearing on the Site are illustrative, reflect typical or representative configurations, and are subject to change at any time without notice. Actual equipment, configurations, and performance may vary based on application requirements, facility conditions, integration parameters, and final engineering.

Nothing on the Site constitutes an offer to sell, a binding quotation, or a commitment by Aegis to provide any product or service. All quotations, proposals, and sales of Aegis products and services are subject to, and governed exclusively by, separately negotiated written agreements, proposals, or terms and conditions of sale between Aegis and the customer, and these Terms do not govern, modify, or supersede any such agreement. In the event of any conflict between these Terms and a separate written agreement between you (or your organization) and Aegis, the separate written agreement controls with respect to its subject matter.

The Content does not constitute, and is not a substitute for, professional engineering, safety, regulatory, legal, or other professional advice. Industrial automation and material-handling equipment must be specified, installed, integrated, operated, and maintained by qualified personnel in accordance with the applicable product documentation, installation and operation manuals, and all applicable laws, regulations, codes, and industry standards (including, without limitation, applicable OSHA regulations and ANSI standards). You are solely responsible for determining the suitability of any product or system for your application and for compliance with all requirements applicable to your facility and operations.

12. Copyright Infringement; DMCA Policy

Aegis respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Site that are reported to our designated copyright agent identified below. This Section 12 summarizes our copyright-infringement procedures; our complete Website Copyright Notice and DMCA Policy, available at [COPYRIGHT/DMCA POLICY URL] (the “DMCA Policy”), is hereby incorporated into these Terms by reference, and in the event of any conflict between this Section 12 and the DMCA Policy, the DMCA Policy controls with respect to copyright notices, counter-notifications, and related procedures.

If you are a copyright owner, or authorized to act on behalf of one, and you believe that material available on the Site infringes your copyrighted work, please submit a written notification to our designated copyright agent that includes substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site; (iv) your name, mailing address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Designated Copyright Agent: [NAME OF DESIGNATED AGENT], Aegis Sortation, LLC, Attn: Copyright Agent, [STREET ADDRESS], Louisville, KY [ZIP]; Email: [COPYRIGHT/LEGAL EMAIL].

If you believe that material you posted or made available was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our designated copyright agent containing the information required by 17 U.S.C. § 512(g)(3). Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys’ fees. It is our policy, in appropriate circumstances, to terminate the access of users who are repeat infringers.

13. Third-Party Websites and Services

The Site may contain links to third-party websites, applications, platforms, and services — including LinkedIn, career and applicant-tracking portals, and industry resources — that are provided solely for your convenience. We have no control over the contents, products, services, or practices of any third-party website or service, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link does not imply endorsement, sponsorship, or affiliation. If you decide to access any third-party website or service linked to or from the Site, you do so entirely at your own risk and subject to the terms of use and privacy policies of that third party.

14. Geographic Restrictions; Export Compliance

The Site is operated from the United States and is designed for business users located in the United States. We make no representation that the Site or any Content is appropriate, lawful, or available for use outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with the laws of your jurisdiction.

The Site and the Content — including any software, technical data, specifications, drawings, or documentation made available on or through the Site for viewing or download — may be subject to United States export control and sanctions laws and regulations, including the Export Administration Regulations administered by the U.S. Department of Commerce, Bureau of Industry and Security, the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and other applicable international trade controls governing the export, re-export, transfer (including in-country transfer), or release of goods, software, and technology — including controls applicable to dual-use items and advanced automation, robotics, and related technologies — in each case as such laws, regulations, and controls may be amended, supplemented, or expanded from time to time. You may not access, download, use, export, re-export, or transfer the Site or any Content in violation of any such laws, regulations, or controls, and you are solely responsible for compliance with any trade-control requirements of other jurisdictions applicable to you. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any embargoed or comprehensively sanctioned jurisdiction, and that you are not a person or entity identified on any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List, the Entity List, and the Denied Persons List.

15. Accessibility

Aegis is committed to making the Site accessible to and usable by the widest possible audience, including individuals with disabilities who use screen readers or other assistive technologies. In furtherance of this commitment, we strive to have the Site substantially conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, published by the World Wide Web Consortium (W3C), and we periodically review the Site and work with our website platform and vendors to identify and address accessibility issues. Digital accessibility is an ongoing effort, and portions of the Site may not yet fully conform to these guidelines; this Section reflects our commitment and goals and does not constitute a representation or warranty that the Site conforms to any particular technical standard.

If you have difficulty accessing or navigating any portion of the Site using assistive technology, encounter an accessibility barrier, or require any content on the Site in an alternative accessible format, please contact us at [email protected] with the subject line “Accessibility Assistance,” or by mail at the address provided in Section 26, and describe the specific feature or page at issue and the assistance you need. We will make reasonable efforts to respond promptly and to provide the information, item, or transaction you seek through an accessible alternative method.

16. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY MATERIALS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT, AND ANY MATERIALS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AEGIS AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AEGIS PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NO AEGIS PARTY REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NOTHING IN THIS SECTION LIMITS OR MODIFIES ANY WARRANTY EXPRESSLY PROVIDED BY AEGIS IN A SEPARATE WRITTEN AGREEMENT FOR THE SALE OF ITS PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AEGIS PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY MATERIALS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, LOST BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE OR GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF FORESEEABLE OR IF AN AEGIS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE AEGIS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

THE LIMITATIONS IN THIS SECTION DO NOT EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED, OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIMITATION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR MODIFIES THE LIABILITY PROVISIONS OF ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU (OR YOUR ORGANIZATION) AND AEGIS FOR THE PURCHASE OF PRODUCTS OR SERVICES, WHICH ARE GOVERNED EXCLUSIVELY BY THAT AGREEMENT.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Aegis Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Site or the Content other than as expressly authorized in these Terms; (iii) any Submission you make through the Site, including any misrepresentation of your identity, authority, or the accuracy of information provided; or (iv) your violation of applicable law or the rights of any third party in connection with your use of the Site. Aegis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Aegis Parties, and you agree to cooperate with our defense of such claims. This Section does not apply to the extent prohibited by applicable law.

19. Governing Law and Venue

These Terms and any dispute or claim arising out of or relating to them, their subject matter, their formation, or the Site (in each case, including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction. Notwithstanding the foregoing, the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), governs the interpretation and enforcement of the arbitration agreement in Section 20.

Subject to Section 20, any legal suit, action, or proceeding arising out of or relating to these Terms or the Site that is not subject to arbitration — including any action to confirm, vacate, or enforce an arbitration award, any claim properly brought in small claims court that is appealed or transferred to a court of general jurisdiction, and any claim for injunctive or equitable relief described in Section 20(C) — shall be instituted exclusively in the state or federal courts located in Jefferson County, Kentucky, and each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on venue, inconvenient forum, or lack of personal jurisdiction.

Nothing in this Section 19 deprives you of the protection of any provision of law of your state of residence that cannot be waived or varied by agreement.

20. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BETWEEN YOU AND AEGIS BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, INCLUDING BY WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PROCEED AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 20(I) BELOW.

A. Agreement to Arbitrate

You and Aegis agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Content, any Submission, or the relationship between you and Aegis created by these Terms — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arises before, during, or after the termination of these Terms (each, a “Dispute”) — shall be resolved exclusively through final and binding arbitration on an individual basis, rather than in court, except as expressly provided in Section 20(C). This arbitration agreement is governed by the FAA and evidences a transaction involving interstate commerce.

B. Informal Dispute Resolution — A Required First Step

Before either party may commence an arbitration or assert a claim in small claims court, the party asserting the Dispute must first send to the other a written notice of dispute (a “Notice”). A Notice to Aegis must be sent to Aegis Sortation, LLC, Attn: Legal — Notice of Dispute, [STREET ADDRESS], Louisville, KY [ZIP], or by email to [LEGAL NOTICES EMAIL], and must: (i) identify the claimant by name, mailing address, email address, and telephone number; (ii) describe the nature and factual basis of the Dispute; (iii) state the specific relief sought; and (iv) be personally signed by the claimant (and by counsel, if represented). A Notice from Aegis to you will be sent to the contact information you most recently provided to us, if any. For a period of sixty (60) days following receipt of a completed Notice (the “Informal Resolution Period”), the parties shall attempt in good faith to resolve the Dispute informally, and either party may reasonably request one individualized telephone or video settlement conference, which both parties (and, if represented, their counsel) must personally attend. Completion of this informal dispute-resolution process is a condition precedent to initiating arbitration or a small-claims action, and any applicable statute of limitations and filing-fee deadlines will be tolled during the Informal Resolution Period. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration commenced in violation of this Section 20(B).

C. Exceptions to Arbitration

Notwithstanding Section 20(A): (i) either party may bring an individual claim in small claims court in a jurisdiction and venue permitted by law, so long as the claim remains in that court, is not removed or appealed to a court of general jurisdiction, and is pursued only on an individual basis; and (ii) either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction as described in Section 19 to protect its intellectual property rights or confidential information, or to enjoin violations of Section 8 (Acceptable Use), without first engaging in the informal process described in Section 20(B) and without waiving the right to arbitrate all other aspects of the Dispute.

D. Arbitration Procedures

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and, where applicable to a Dispute involving an individual acting for purposes primarily personal or household in nature, its Consumer Arbitration Rules, in each case as modified by this Section 20 (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section 20, the parties shall agree on an alternative administrator or, failing agreement, a court of competent jurisdiction shall appoint one pursuant to 9 U.S.C. § 5.

The arbitration shall be conducted before a single neutral arbitrator. The seat of the arbitration shall be Louisville, Jefferson County, Kentucky; however, unless the parties agree otherwise: (i) any Dispute in which the amount in controversy is twenty-five thousand U.S. dollars (US $25,000) or less shall be resolved solely on the basis of written submissions, without an in-person hearing; and (ii) if an in-person or live hearing is held, an individual claimant may elect to participate by videoconference or to have the hearing conducted in the county of the claimant’s principal residence. The arbitrator shall apply the governing law identified in Section 19 and applicable statutes of limitations, shall honor claims of privilege recognized at law, and shall issue a reasoned written award. The arbitrator may award any relief that a court of competent jurisdiction could award to the individual party seeking relief, including attorneys’ fees and costs where authorized by applicable law, but only in favor of the individual party and only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment on the award may be entered in any court of competent jurisdiction.

The arbitrator shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable; provided, however, that any dispute concerning the interpretation, applicability, or enforceability of the class action waiver in Section 20(F) or the coordinated-filing procedures in Section 20(H) shall be decided exclusively by a court of competent jurisdiction and not by the arbitrator.

E. Arbitration Costs

Payment of AAA filing, administrative, and arbitrator fees will be governed by the applicable AAA Rules and fee schedules. If the Consumer Arbitration Rules apply and your individual claim seeks less than ten thousand U.S. dollars (US $10,000), Aegis will pay all AAA filing, administrative, and arbitrator fees other than the initial consumer filing fee, unless the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Each party will otherwise bear its own attorneys’ fees and costs unless applicable law or the arbitrator’s award provides otherwise.

F. Class Action and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AEGIS EACH AGREE THAT ANY DISPUTE SHALL BE BROUGHT AND RESOLVED ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR PARTY (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 20(H)) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. RELIEF AWARDED IN ARBITRATION MAY BENEFIT ONLY THE INDIVIDUAL PARTY SEEKING RELIEF. THIS WAIVER DOES NOT PREVENT YOU FROM BRINGING A DISPUTE TO THE ATTENTION OF ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY, AND SUCH AGENCIES MAY SEEK RELIEF ON YOUR BEHALF WHERE AUTHORIZED BY LAW.

G. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AEGIS EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, WHETHER RESOLVED IN ARBITRATION OR, WHERE PERMITTED BY THIS SECTION 20, IN COURT.

H. Coordinated Filings; Batch Arbitration

If twenty-five (25) or more demands for arbitration are filed against Aegis raising similar claims and the same or coordinated counsel represents the claimants (a “Coordinated Filing”), the following procedures apply, notwithstanding anything in the AAA Rules to the contrary: (i) the demands shall be administered in batches of up to twenty-five (25) demands per batch, with a single arbitrator appointed for, and a single set of administrative and arbitrator fees assessed for, each batch; (ii) the first batch shall proceed as bellwether arbitrations, and all remaining demands shall be held in abeyance (and shall not be deemed filed, and no fees shall be due with respect to them) until the bellwether batch is resolved; (iii) following resolution of the bellwether batch, the parties shall engage in a global mediation session before a mediator appointed by the AAA, with the mediation fee paid by Aegis; and (iv) if the Disputes are not resolved through mediation, the remaining demands shall proceed in successive batches in accordance with clause (i). All applicable statutes of limitations shall be tolled for demands held in abeyance under this Section 20(H) from the date a compliant Notice under Section 20(B) is received. This Section 20(H) is intended to achieve the fair, efficient, and orderly resolution of Coordinated Filings and shall not be interpreted to authorize a class, collective, or representative proceeding of any kind. As stated in Section 20(D), a court of competent jurisdiction — not the arbitrator — shall decide any dispute concerning the interpretation, applicability, or enforceability of this Section 20(H).

I. Your Right to Opt Out

You may opt out of this arbitration agreement (Section 20) — including the class action waiver in Section 20(F) — by sending written notice of your decision to opt out to Aegis Sortation, LLC, Attn: Arbitration Opt-Out, [STREET ADDRESS], Louisville, KY [ZIP], or by email to [LEGAL NOTICES EMAIL], within thirty (30) days after you first access or use the Site or the date these Terms are first posted, whichever is later. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of this arbitration agreement, and must be personally signed by you. Opting out of this arbitration agreement will not affect any other provision of these Terms, including the governing-law and venue provisions of Section 19. If you opt out of this arbitration agreement, Aegis will likewise not be bound by it as to Disputes with you.

J. Severability; Survival; Future Changes

Except as provided in this paragraph, if any portion of this Section 20 is found to be unenforceable or unlawful, that portion shall be severed and the remainder of this Section 20 shall be given full force and effect. If the class action waiver in Section 20(F) is found to be unenforceable as to a particular claim for relief, and that determination becomes final after all appeals are exhausted, then that claim (and only that claim) shall be severed from arbitration and litigated in the courts identified in Section 19, and all remaining Disputes shall be arbitrated on an individual basis. This Section 20 survives the termination of these Terms and of your relationship with Aegis. Notwithstanding Section 3, if Aegis makes a material change to this Section 20 after you first accepted these Terms, you may reject the change by sending written notice to the opt-out address in Section 20(I) within thirty (30) days of the change taking effect, in which case the version of this Section 20 in effect immediately prior to the change will continue to apply.

21. Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS SECTION DOES NOT APPLY TO YOU IF, AND TO THE EXTENT THAT, THE LAWS OF YOUR STATE OF RESIDENCE PROHIBIT THE SHORTENING OF THE OTHERWISE APPLICABLE LIMITATIONS PERIOD, AND DOES NOT SHORTEN ANY LIMITATIONS PERIOD THAT CANNOT LAWFULLY BE SHORTENED BY AGREEMENT.

22. Notices to Users in Certain States

Notice to California Users. Under California Civil Code § 1789.3, California users of the Site are entitled to the following consumer-rights notice: the Site is provided by Aegis Sortation, LLC, [STREET ADDRESS], Louisville, KY [ZIP], email: [email protected]. If you have a question or complaint regarding the Site, please contact us at that email address or mailing address. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to New Jersey Users. Notwithstanding any other provision of these Terms, the disclaimers, exclusions, limitations of liability, indemnification obligations, and limitation on the time to file claims set forth in Sections 16, 17, 18, and 21 are intended to apply to New Jersey residents only to the fullest extent permitted by New Jersey law, including the New Jersey Punitive Damages Act, the New Jersey Products Liability Act, the New Jersey Uniform Commercial Code, the New Jersey Consumer Fraud Act, and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and nothing in these Terms is intended to violate, or to waive rights that may not be waived under, any such law.

23. Waiver; Severability

No waiver by Aegis of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aegis to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, eliminated, and the remaining provisions of these Terms will continue in full force and effect. This Section 23 is subject to the specific severability rules for the arbitration agreement set forth in Section 20(J).

24. Assignment

Aegis may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempted assignment in violation of this Section is void. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

25. Entire Agreement; No Third-Party Beneficiaries

These Terms and, solely with respect to its subject matter, the Privacy Policy constitute the sole and entire agreement between you and Aegis regarding the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. For the avoidance of doubt, these Terms do not govern the purchase or sale of Aegis products or services, which are governed exclusively by separately executed written agreements or terms and conditions of sale. Except for the Aegis Parties, which are intended third-party beneficiaries of Sections 16, 17, and 18, these Terms do not and are not intended to confer any rights or remedies upon any person other than you and Aegis.

26. Contact Information

The Site is operated by Aegis Sortation, LLC, [STREET ADDRESS], Louisville, KY [ZIP]. All notices, questions, comments, and requests regarding these Terms should be directed to: General Inquiries: [email protected]; Privacy Rights Requests: [email protected] (as described in the Privacy Policy); Accessibility Assistance: [email protected] (as described in Section 15); Legal Notices (including Notices of Dispute and arbitration opt-outs): Aegis Sortation, LLC, Attn: Legal, 13201 Data Vault Dr., Louisville, KY [40223], or [email protected].