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TERMS & CONDITIONS (Updated January 12, 2022)

  1. ACCEPTANCE OF TERMS AND CONDITIONS

By using this website, purchasing or licensing any products or services through this website, and/or registering with this website, you agree to be legally bound by the Terms & Conditions below. You agree to use this website solely in accordance and compliance with these Terms & Conditions. This website is for use only by individuals who are 18 years or older.

IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE, VISIT ANY PAGE WHICH IS A PART OF THIS WEBSITE, REGISTER WITH THIS WEBSITE, OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THIS WEBSITE.

These Terms & Conditions (also referred to as this “Agreement”) govern your use of (i) this website jeanniefulbright.com and any web page that is a part of this website (including any sub-domains (e.g., shop.jeanniefulbright.com), subpages, directories, or mobile versions of the website) (collectively hereinafter, this “website”), (ii) your registration with this website, and (iii) your purchase, receipt, and/or licensing of any material, product or service from us through this website or otherwise. These Terms & Conditions constitutes a legally binding agreement between you and the operator of this website Science For Jesus, LLC d/b/a Jeannie Fulbright Press (“Jeannie Fulbright Press” “we”, “our”, or “us”) located at 7320 McGinnis Ferry Road, Suwanee, Georgia 30024.

THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT IN SECTION 3 AND DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES IN SECTION 12, WHICH ARE SET FORTH BELOW.

  1. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting a change notice or new agreement on this website, but such changes shall not apply retroactively.

  1. DISPUTES – THE REQUIREMENT TO ARBITRATE

At Jeannie Fulbright Press, we work hard to make things right with every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Agreement limits us to arbitration (or small claims court, if a claim qualifies) in the following instances.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing this website constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Jeannie Fulbright Press will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE PRODUCTS PURCHASED THEREON, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT JEANNIE FULBRIGHT PRESS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective June 1, 2021 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms & Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms & Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms & Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, YOU AND JEANNIE FULBRIGHT PRESS AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

  1. PRIVACY AND SECURITY

Please read our Privacy Policy which is incorporated into these Terms & Conditions and governs your use of this website. By visiting this website, registering with this website, or purchasing or licensing products or services through this website, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.

  1. PRODUCT DESCRIPTIONS

The products and services offered for sale or license through the use of this website contain certain descriptions. We do not warrant or represent that such descriptions are complete and accurate. Errors will be corrected when discovered and we reserve the right to revoke any stated offer to purchase and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition as provided in our Returns Policy. We also reserve the right to limit the order quantity on any item.

  1. ADDITIONAL TERMS

Certain areas of this website have additional posted terms, including but not limited to, Returns Policy and Shipping Options. These additional posted terms and conditions as exist at the time of your use, registration, or purchase are incorporated into this Agreement.

  1. PROPER USAGE

You agree not to use this website (a) in any unlawful manner or in any manner that creates civil or criminal liability for us or is otherwise harmful to us; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this website by any third party. You agree not to post on or transmit through this website or to submit to us for inclusion, use or distribution on this website or for any other purposes any material that is unlawful, libelous, constitutes an invasion of privacy, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable in any manner, constitutes a breach of your contractual and/or fiduciary obligations, infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights, or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. We reserves the right in our sole discretion to prohibit any conduct, communications, content, or use of this website, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.

  1. INTELLECTUAL PROPERTY RIGHTS

Jeannie Fulbright Press, the Jeannie Fulbright Press logo, jeanniefulbright.com, Escape Crate, the Buzzwood Bunch book series, and the Rumble Tumbles Through Time book series, are trademarks owned by Jeannie Fulbright Press and/or Jeannie Fulbright. Other trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on this website are owned by their respective owners. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to you to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner.

Unless otherwise stated, the content of this website (including the homeschool articles written by Jeannie Fulbright) are owned by Jeannie Fulbright Press and/or its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. The website as a whole is copyrighted as a collective work and individual works or content appearing on or accessible through the website owned by or licensed to us by content providers are likewise subject to copyright protection domestically and internationally. You may view the content on the website for your personal (non-commercial) use and use the website to purchase products from us, but you may not otherwise copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any content contained on the website except as permitted by these Terms & Conditions.

  1. CONTENT SUBMITTED BY YOU

You agree that all logos, graphics, artwork, text, and other content submitted by you for inclusion, use or distribution on this website or for any other purposes shall be in accordance with and in compliance with the Proper Usage requirements contained in Section 7 of this Agreement. You will be solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from our inclusion, use or distribution of all content submitted by you. You hereby grant to us, and our assigns, a non-exclusive, royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.

  1. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated copyright agent to receive DMCA Notices is:

 

  
  
  
  
    

Jeffrey Fulbright

Science For Jesus, LLC
7320 McGinnis Ferry Road, Suwanee, GA 30024

770-622-2121

Email: Jeff@jeanniefulbright.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

It is our policy in appropriate circumstances to prevent users from posting or uploading any content on the website who are repeat infringers.

  1. INDEMNIFICATION

You agree to defend (at our option), indemnify, and hold us harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of this Website or any breach by you of these Terms & Conditions. We reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

  1. DISCLAIMER OF WARRANTIES AND CERTAIN DAMAGES

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE (COLLECTIVELY, THE “WEBSITE CONTENTS”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE ACCURACY OR COMPLETENESS OF THIS WEBSITE CONTENTS, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND THIS WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE WEBSITE CONTENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF JEANNIE FULBRIGHT PRESS (AND ITS AFFILIATES)  TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENTS EXCEED THE GREATER OF (1) THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCTS PURCHASED BY YOU FROM US DURING THE LAST 12 MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (2) $200.00 (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY).

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

  1. APPLICABLE LAW, JURISDICTION, AND VENUE

Except with regard to the arbitration and provisions regarding dispute resolution (Section 3, above), which are governed by the Federal Arbitration Act, the laws of the State of Georgia shall govern and control the interpretation and enforcement of this Agreement. If for any reason a claim or dispute proceeds in court of general jurisdiction rather than in arbitration or small claims court as required by Section 3, you and Jeannie Fulbright Press each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of the courts of record of the State of Georgia in Forsyth County or in the district court of the United States for the North District of Georgia with respect to any matter pertaining to these Terms & Conditions, arising from the performance of these Terms & Conditions, your use of this website, your purchase or licensing of services and products through this website, or with the actions of Jeannie Fulbright Press or its agents. This provision shall not be construed as a waiver by either party of any provision of Section 3 above, and the parties reaffirm their understanding that Section 3 governs dispute resolution.

  1. THIRD-PARTY OFFERINGS, LINKS, PRODUCTS AND SERVICES

You may be able to access other websites, content or services provided by third parties through links that are made available on this website. Additionally, from time to time we may refer you to third parties (like Apologia.com) who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such other websites, content, services, and products as “Third-Party Offerings.” For example, we may permit third parties with related services to link their products and services on this website, and those links may redirect you to the website(s) of the third parties. Unless we otherwise inform you on this website, your use of any such Third-Party Offerings is not required in order to access and/or use this website. If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that you will be leaving this website and your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms & Conditions do not themselves grant you any rights to access, use, download content from or purchase any Third-Party Offerings. The fact that we link to a third-party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices or their compliance with laws. We do not exercise control over third party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for nor are we liable to you or any third party for your interaction with such third parties.

  1. COMPLIANCE WITH U.S. EXPORT LAWS

You agree to comply with the provisions of all applicable U.S. customs and other laws relating to the export and re-export of certain technology and other information and materials and not to sell, export, distribute, or transfer in any manner, electronically or otherwise, any products purchased through the use of this website or any content or other materials contained on this website or employed by this website in violation of such laws.

  1. RISK OF LOSS

The risk of loss for and title to all products purchased by you through the use of this website passes to you upon our delivery to the carrier.

  1. PRICING POLICY

The “Retail Price” listed for products and services offered for sale through the use of this website represents the full retail price listed on the product, the retail price suggested by our suppliers, vendors, or licensors, or the retail price as estimated in accordance with standard practice. Such “Retail Price” is a comparative estimate only and may not represent the prevailing retail price in every geographical location at a particular moment.

The purchase price for products and services offered for sale through the use of this website may increase or decrease between the time an item is placed in your shopping cart and the time the purchase of such item is actually made by completion of the check-out process. You will be responsible for the payment of the purchase price in effect at the time the purchase of an item is actually made by completion of the checkout process.

The purchase price for products and services offered for sale through the use of this website may be incorrectly stated on the website. In the event the purchase price for an item is incorrectly stated, we may, in our sole discretion, (i) contact you for instructions before shipping the item and charging you for such item; (ii) cancel the order and notify you of the cancellation; or (iii) ship the item to you at the lower of the incorrectly stated price or the actual purchase price.

  1. SALES TAX INFORMATION

Goods and services sold by us that are shipped to locations in the United States, and its territories, may be subject to sales tax. The amount of sales tax collected on your order is calculated based on a variety of factors including the category of the goods or services purchased; the date and time the order is fulfilled; the location of the place of fulfillment; and, the location of the shipment or delivery address contained on your order. Any of these factors may change between the time an order is placed by you and the time that shipment is complete which may result in a change in the amount of tax calculated on your order.

When you confirm your order during the “Check Out” process, we will provide you with an “Estimated Tax.” The amount of the “Estimated Tax” may be recalculated at the time your order is finalized and complete. The tax rate that will be applied to your order shall be the combined state and local tax rates of the location to which your order is delivered or from which your order is fulfilled.

  1. YOUR ACCOUNT

In order to purchase products or services through the use of this website, you must either establish an account with us or purchase such products or services as a guest. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this website that occur under your account or your account password. You acknowledge and agree that we may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this website, and all information relating to the use of this website under your account or account password if we are required to do so by law or legal process or if we determines, in our sole discretion, that such action is necessary to protect our rights, third party rights, or the rights of other users of this website or for purposes of responding to your request for customer service.

  1. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from us either in the form of email sent to you at the email address listed on your account or by communications posted on this website. You acknowledge and agree that any electronic communication in the form of such email or posting on this website shall satisfy any legal requirement that such communication be in writing.

  1. NOTICES

All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to Jeannie Fulbright Press shall be sent by email to Jeff@jeanniefulbright.com or by first class mail, postage prepaid, to: Jeannie Fulbright Press, Attn: Jeffrey Fulbright, 7320 McGinnis Ferry Road, Suwanee, Georgia 30024

  1. MISCELLANEOUS PROVISIONS

(a) You agree to comply with all laws, rules and regulations that apply to your use of this website.

(b) These Terms & Conditions, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by us on this website, shall constitute the entire agreement between you and us concerning this Website.

(c) Our failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such rights or provisions.

(d) If any provision of this Agreement shall be held invalid, illegal, or unenforceable in any jurisdiction or in any respect, then that provision shall be deemed severable from this Agreement, and the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired.

(e) The terms and provisions of this Agreement shall not be construed against or in favor of a party hereto merely because such party or its attorney is the draftsman of this Agreement.  The captions of paragraphs and sections in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

(f) Nothing contained in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.

(g) We are based in the state of Georgia in the United States and are located at 7320 McGinnis Ferry Road, Suwanee, Georgia 30024. We provide this website for use only by persons located in the United States. We make no claims that this website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

(h) These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

 (i) Notice for California Users – Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding this website, please send an email to Jeff@jeanniefulbright.com. You may also contact us in writing at the address listed above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”