These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and AlexKMedia Inc. (as defined below) governing your access to and use of any AlexKMedia Inc. websites including any subdomains thereof, and any other websites or applications through which AlexKMedia Inc. makes the AlexKMedia Inc. Content, Products, and Services available.
When these Terms mention “AlexKMedia Inc.,” “we,” “us,” or “our,” it refers to the AlexKMedia Inc. company you are contracting with.
Our limited collection and use of personal information in connection with access to and use of the RGB Profiles website is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of AlexKMedia Inc. Websites or Software (“Payment Services“) are provided to you by one or more AlexKMedia Inc Payments entities (individually and collectively, as appropriate, “AlexKMedia Inc. Payments“).
Members alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their use of AlexKMedia Inc. Websites or Software. If you have questions about how local laws apply to your Member Content on AlexKMedia Inc. Websites or Software, you should always seek legal guidance.
1. Scope of AlexKMedia Inc. Services
1.1 AlexKMedia Inc. offers RGB Profiles which are custom hand-crafted lighting effects that apply to specific brands of RGB devices. AlexKMedia Inc. also offers an audio visualizer called “RGBeat” which is software that makes your RGB devices react to your music.
1.2 Members alone are responsible for their use of the AlexKMedia Inc. Websites or Software. AlexKMedia Inc. is not and does not become a party to or other participant in any contractual relationship between Members and other providers of computer peripheral devices or other third parties. Nor is AlexKMedia Inc. a broker or insurer. AlexKMedia Inc. is not acting as an agent in any capacity for any Member or third party.
1.3 AlexKMedia Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Members’ third-party agreements, (ii) the truth or accuracy of any descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. AlexKMedia Inc. does not endorse any Member or Member Content.
1.4 If you choose to use the AlexKMedia Inc. Websites or Software as a Member (as defined below), your relationship with AlexKMedia Inc. is limited to being an independent, third-party user, and not an employee, agent, joint-venture or partner of AlexKMedia Inc. for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of AlexKMedia Inc.
Customer
1.6 AlexKMedia Inc. Websites or Software may contain links to third-party websites or resources (“Third-Party Services“). Such Third-Party Services may be subject to different terms and conditions and privacy practices. AlexKMedia Inc. is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by AlexKMedia Inc. of such Third-Party Services.
1.7 Due to the nature of the Internet, AlexKMedia Inc. cannot guarantee the continuous and uninterrupted availability and accessibility of AlexKMedia Inc. Websites or Software. AlexKMedia Inc. may restrict the availability of the AlexKMedia Inc. Websites or Software or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the AlexKMedia Inc. Websites or Software. AlexKMedia Inc. may improve, enhance and modify AlexKMedia Inc. Websites or Software and introduce new AlexKMedia Inc. Websites or Software Services from time to time.
2. Eligibility, Using the AlexKMedia Inc. Websites or Software, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use AlexKMedia Inc. Websites or Software or register an AlexKMedia Inc. Websites or Software Account. By accessing or using the AlexKMedia Inc. Websites or Software you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 AlexKMedia Inc. may make the access to and use of the AlexKMedia Inc. Websites or Software, or certain areas or features of the AlexKMedia Inc. Websites or Software, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or your history of using the AlexKMedia Inc. Websites or Software.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the AlexKMedia Inc. Websites or Software may be subject to separate policies or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and Conditions applicable to a specific area or feature of the AlexKMedia Inc. Websites or Software, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 When you access the AlexKMedia Inc. Websites or Software, you agree to the terms and services or other applicable binding agreement of the platform, product or service through which you are accessing or downloading, including any browser, application store, device, or other platform.
3. Modification of these Terms
3.1 AlexKMedia Inc. Websites or Software reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the AlexKMedia Inc. Websites or Software and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the AlexKMedia Inc. Websites or Software will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You may need to register an account to access and use certain features of the AlexKMedia Inc. Websites or Software. If you are registering an AlexKMedia Inc. Websites or Software Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a AlexKMedia Inc. Websites or Software Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your AlexKMedia Inc. Websites or Software Account and public AlexKMedia Inc. Websites or Software Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) AlexKMedia Inc. Websites or Software Account unless AlexKMedia Inc. authorizes you to do so. You may not assign or otherwise transfer your AlexKMedia Inc. Websites or Software Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your AlexKMedia Inc. Websites or Software Account credentials and may not disclose your credentials to any third party. You must immediately notify AlexKMedia Inc. if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your AlexKMedia Inc. Websites or Software Account. You are liable for any and all activities conducted through your AlexKMedia Inc. Websites or Software Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5. Content
5.1 AlexKMedia Inc. Websites or Software Content, and other content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the AlexKMedia Inc. Websites or Software Content, including all associated intellectual property rights, are the exclusive property of AlexKMedia Inc. and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AlexKMedia Inc. Websites or Software, AlexKMedia Inc. Websites or Software Content or other content, unless allowed by AlexKMedia Inc. All trademarks, service marks, logos, trade names, and any other source identifiers of AlexKMedia Inc. used on or in connection with the AlexKMedia Inc. Websites or Software and AlexKMedia Inc. Websites or Software Content are trademarks or registered trademarks of AlexKMedia Inc. in the United States and abroad. Your obligations under this section extend to trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the AlexKMedia Inc. Websites or Software, AlexKMedia Inc. Websites or Software Content, and/or other content.
5.2 Subject to your compliance with these Terms, AlexKMedia Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the AlexKMedia Inc. Websites or Software on your personal device(s); and (ii) access and view any content made available on or through the AlexKMedia Inc. Websites or Software and accessible to you.
5.3 AlexKMedia Inc. Websites or Software respects copyright law. If you believe that any content on the AlexKMedia Inc. Websites or Software infringes copyrights you own, please notify us.
6. Member Fees
6.1 AlexKMedia Inc. will charge (and Member agrees to pay) the prices described on the product pages of the AlexKMedia Inc. Websites or Software if made available. Member fees are not refundable and may change from time to time.
7. Compliance
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the AlexKMedia Inc. Websites or Software. In connection with your use of the AlexKMedia Inc. Websites or Software, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or policies.
- use the AlexKMedia Inc. Websites or Software for any commercial or other purposes that are not permitted by AlexKMedia Inc. or these Terms or in a manner that falsely implies AlexKMedia Inc. endorsement, partnership or otherwise misleads others as to your affiliation with AlexKMedia Inc.
- copy, store or otherwise access or use any information, including personally identifiable information contained on or collected through AlexKMedia Inc. Websites or Software in any way that is inconsistent with AlexKMedia Inc. Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
- use the AlexKMedia Inc. Websites or Software in connection with the distribution of unsolicited commercial messages unrelated to Member Content (“spam”);
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the AlexKMedia Inc. Websites or Software or any individual element within the AlexKMedia Inc. Websites or Software, AlexKMedia Inc. name, any AlexKMedia Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the AlexKMedia Inc. Websites or Software, without AlexKMedia Inc. express written consent;
- dilute, tarnish or otherwise harm the AlexKMedia Inc. brand in any way, including through unauthorized use of content, registering and/or using AlexKMedia Inc. or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to AlexKMedia Inc. domains, trademarks, taglines, promotional campaigns or content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the AlexKMedia Inc. Websites or Software for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by AlexKMedia Inc. Websites or Software or any of AlexKMedia Inc. Websites or Software providers or any other third party to protect the AlexKMedia Inc. Websites or Software;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the AlexKMedia Inc. Websites or Software;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the AlexKMedia Inc. Websites or Software;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- impersonate any other person, including but not limited to, a AlexKMedia Inc. representative
8. Term and Termination, Suspension and other Measures
8.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or AlexKMedia Inc. terminate the Agreement in accordance with this provision.
8.2 You may terminate this Agreement at any time by sending AlexKMedia Inc. an email.
8.3 Without limiting our rights specified below, AlexKMedia Inc. may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
8.4 AlexKMedia Inc. may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the payment terms or our policies (ii) you have violated applicable laws, regulations or third party rights, or (iii) AlexKMedia Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of AlexKMedia Inc., its Members, or third parties (for example in the case of fraudulent behavior of a Member).
8.5 In addition, AlexKMedia Inc. may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the payment terms or our policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the AlexKMedia Inc. Websites or Software registration or thereafter, (iv) you and/or your Member Content at any time fail to meet any applicable quality or eligibility criteria, or (v) AlexKMedia Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of AlexKMedia Inc., its Members, or third parties, or to prevent fraud or other illegal activity:
- limit your access to or use of the AlexKMedia Inc. Websites or Software;
- temporarily or permanently revoke any special status associated with your AlexKMedia Inc. Websites or Software Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your AlexKMedia Inc. Websites or Software Account.
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by AlexKMedia Inc. and an opportunity to resolve the issue to AlexKMedia Inc. reasonable satisfaction.
8.6 When this Agreement has been terminated, you are not entitled to a restoration of your AlexKMedia Inc. Websites or Software Account or any of your Member Content.
9. Disclaimers
If you choose to use the AlexKMedia Inc. Websites or Software you do so voluntarily and at your sole risk. The AlexKMedia Inc. Websites or Software is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the AlexKMedia Inc. Websites or Software Services, laws, rules, or regulations that may be applicable to your Member Content you are receiving and that you are not relying upon any statement of law or fact made by AlexKMedia Inc.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
10. Limitation on AlexKMedia Inc. Liability
10.1 You acknowledge and agree that, to the maximum extent permitted by law, you and only you assume the entire risk arising out of your access to and use of the AlexKMedia Inc. Websites or Software, including collecting and sharing information with Customers and potential Customers and other parties. Neither AlexKMedia Inc. nor any other party involved in creating, producing, or delivering the AlexKMedia Inc. Websites or Software will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, breach of third-party warranties, computer or peripheral device damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the AlexKMedia Inc. Websites or Software, (iii) from any communications, interactions or meetings with Customers or potential customers or other persons with whom you communicate, interact or meet with as a result of your use of the AlexKMedia Inc. Websites or Software, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not AlexKMedia Inc. has been informed of the possibility of such damage. The limitations of damages set forth in this Agreement are fundamental elements of the basis of the bargain between AlexKMedia Inc. and you.
10.2 You agree that under no circumstances shall AlexKMedia Inc. be held accountable for damages of any kind, legal or otherwise; injuries (physical, psychological, emotional or otherwise); disagreements, controversies or disputes; or any other harms or potential harms arising out of your use of the AlexKMedia Inc. Websites or Software and any meetings between Members and Customers or potential customers to provide Member Content or any other services. You further agree to indemnify and hold harmless AlexKMedia Inc. from any harms or potential harms or any damages, legal or otherwise, that may arise out of the meeting of a Member and third-party for the provision of Member Content. Likewise, under no circumstances is AlexKMedia Inc. liable for any harms or damages or potential harms or damages arising out of a meeting of, between, or among a Member, Customer, Subscriber or any third-party for any reasons including those other than the provision of Member Content or any other service described under this Agreement, or via the AlexKMedia Inc. Websites or Software.
11. Indemnification and Data Privacy
11.1 You agree to release, defend (at AlexKMedia Inc. option), indemnify, and hold AlexKMedia Inc. and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the AlexKMedia Inc. Websites or Software or any AlexKMedia Inc. Websites or Software Services, (iii) your interaction with any third party, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use as set out in (but not limited to) Paragraph 10.2 above, (iv) AlexKMedia Inc. Collection and Remittance of any required taxes, or (v) your breach of any laws, regulations or third party rights.
You agree to indemnify and hold harmless AlexKMedia Inc. and its affiliates and principals from any damages or liabilities arising out of any breach of data privacy laws or regulations with respect to Customers, potential customers, or any individual from whom you collect data, including personal data. This includes the European Union Data Protection Directive (95 46 EC) and the General Data Protection Regulation and other similar laws and regulations in any jurisdiction in which you operate or provide services.
You agree to comply with all data and personal privacy laws, regulations and directives, including those of the European Union and all other jurisdictions in which you reside, operate or provide services, and that it is solely your duty to ensure compliance with such laws, regulations and directives, and not that of AlexKMedia Inc.
12. Dispute Resolution and Arbitration Agreement
12.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against AlexKMedia Inc. in the United States.
12.2 Overview of Dispute Resolution Process. AlexKMedia Inc. is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with AlexKMedia Inc. customer service, and (2) a binding arbitration administered by the American Arbitration Association (“AAA“) using its specially designed Consumer Arbitration Rules. Specifically, the process provides:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
12.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and AlexKMedia Inc. each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact AlexKMedia Inc. customer service by emailing [email protected]. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
12.4 Agreement to Arbitrate. You and AlexKMedia Inc. mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the AlexKMedia Inc. Websites or Software, the Member Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and AlexKMedia Inc. agree that the arbitrator will decide that issue.
12.5 Exceptions to Arbitration Agreement. You and AlexKMedia Inc. each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
12.6 Jury Trial Waiver. You and AlexKMedia Inc. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
12.7 No Class Actions or Representative Proceedings. You and AlexKMedia Inc. acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and AlexKMedia Inc. both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
12.8 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
13. Feedback
13.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the AlexKMedia Inc. Websites or Software (“Feedback“). You may submit Feedback by emailing us at [email protected], or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
14. Applicable Law and Jurisdiction
14.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12 must be brought in state or federal court in the State of California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in the State of California.
15. General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, these Terms constitute the entire Agreement between AlexKMedia Inc. and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between AlexKMedia Inc. and you in relation to the access to and use of the AlexKMedia Inc. Websites or Software.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and AlexKMedia Inc. as a result of this Agreement or your use of the AlexKMedia Inc. Websites or Software.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 AlexKMedia Inc. failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AlexKMedia Inc. prior written consent. AlexKMedia Inc. may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by AlexKMedia Inc. via email, AlexKMedia Inc. Websites or Software notification, or messaging service (including SMS and social media applications).
15.8 If you have any questions about these Terms please email us at [email protected].
Effective Date: September 2023